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Check out the latest speech of Kailash Satyarthi, Chairperson,
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the recent release of 101 bonded laborers from Haryana, northern
state of India and the abject plight of the bonded laborers worldwide.
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Youth Network for Children's Rights (YNCR) Special Edition on India’s recent ban on the employment of children under 14 as domestic workers
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India tightens child labor laws
Geeta Pandey BBC News, Delhi
October 11, 2006
Many factories where children work are hidden from public view
NEW DELHI: A new law in India bans children under 14 from working as domestic servants or on food stalls.
It also prevents children from working in teashops, restaurants, spas, hotels, resorts and other recreational centers.
Prime Minister Manmohan Singh has urged Indians to support his government's efforts to end child labor. People found breaking the law could face two years in prison.
India has more than 12.6 million child workers, many of whom are employed in the food and hospitality sector.
'Firm action'
In his appeal, on the eve of the law coming into force on Tuesday, Mr. Singh said: "Our nation has solemnly pledged that children in our country are not engaged in any form of work at the cost of their right to education.
"As a major step in this direction, I call upon each one of you to stop employing children as workers and actively encourage children to join schools."
The prime minister warned that "the government will take firm action against those violating the law".
Officials say the ban on employing children in homes and roadside food stalls will affect 255,000 children.
But activists say these numbers could be as high as 20 million.
A senior official in the Labor Ministry, SK Srivastava, said: "The technical advisory committee on child labor regularly surveys the risk factors involved in any industry and depending on our findings we have taken this decision."
The committee, while recommending the ban, warned that children under 14 were vulnerable to physical, mental and even sexual abuse.
Laws 'ineffective'
Mr. Srivastava said that anyone found violating the ban would be penalized under the Child Labor Prohibition and Regulation Act of 1986.
Punishment could range from a jail term of three months to two years and/or a fine of 10,000 to 20,000 rupees ($225 to $450).
But child rights activists are skeptical about the effectiveness of the ban.
They point out that although India bans the use of young workers in hazardous industries, thousands of children continue to work in firecracker and matchstick factories or are involved in carpet-weaving, embroidery or stitching footballs.
They say the laws have remained ineffective in curbing child labor.
Many parents say crippling poverty forces them to send their children, sometimes as young as five or six, to work in other people's homes or in factories.
Most of these children are made to work in unhealthy conditions for long hours and paid poorly.
INDIA'S government vowed to stage raids and punish people employing children in homes and restaurants as a new ban against child labor took effect today.
"We're warning people they will be jailed for employing children. We will prosecute offenders to make an example out of them," said Labor Ministry Deputy Secretary Harjot Kaur.
The new ban is aimed at stopping employment of children in households and the hospitality trade which together employ some 260,000 of 12.6 million child workers in India, according to government figures.
However, activists say the government figures are far too low and estimate that 20 million children alone work in houses and eateries.
The new rule carries penalties ranging from a prison term of two years and fines of up to 20,000 rupees ($570).
The ban is an extension of the 1986 Child Labor Prohibition and Regulation Act, which already prohibits employing children under 14 in "hazardous" jobs like in glass factories and slaughter houses.
As part of the government's anti-child labor drive, nine former child workers will travel from New Delhi to western Mumbai city on a month-long tour, performing street plays and singing songs urging people to reject child labor.
"Everyone should know about this ban," said 16-year-old Jai Singh, who worked on a farm before he was rescued by activists.
Dozens of children sang songs and shouted slogans demanding an end to child labor and education for all youngsters at a rally to mark the start of the ban.
"My life has changed a lot since I stopped working. I'm a free person now," said 13-year-old Mohammed Alam, who used to wash dishes for a living but now is now being trained to become a tailor by Indian non-governmental organisation Save the Childhood Foundation.
Activists have been dubious about how vigorously the government will enforce the new ban, citing the paltry number of prosecutions under the act so far.
The government said it would take time to stamp out child labor in India, home to the world's largest number of child workers.
But it said it was determined to tackle the problem.
Charities and children and women shelters run by government agencies have been asked to provide facilities to children thrown out of work, said labor ministry's Ms Kaur.
"We're equipped to provide for thousands of children nationwide," she said.
Activists welcomed the new ban.
"This is just the beginning. Now that we have been empowered, we can at least take action," said activist Bhuwan Ribhu of Save the Children Foundation.
India Launches Liberation Caravan (Mukti Caravan) Against Child Labor October 10, 2006
The launch of Mukti Caravan
Kailash Satyarthi (Chairperson of BBA), I.P Anand (Employers'
representative ILO Governing Board), Simon Steyne (Worker
member ILO Governing Body and ILO Workers' Group
spokesperson on child labour), Ravi Prakash Verma (MP) and N. Adyanthaya (Vice President INTUC and Worker member ILO
Governing Body)
Harjot Kaur, Deputy Secretary, Ministry of Labour
And Employment
Shahid Meezan, Director, Minister of Labour and
Employment
Simon Steyne and Kailash Satyarthi flagging off Mukti Caravan
Children of Bal, Balika and Mukti Ashram performing
NEW DELHI: Bachpan Bachao Andolan (BBA) flagged off a liberation caravan at Shram Shakti Bhawan, New Delhi, jointly with the Ministry of Labor and Employment, Government of India, and ILO, as part of its month long, nation-wide campaign “From Work to School.”
Ms. Leyla Tegmo-Reddy, Director and ILO Country Representative, India, Ms. Victoria Rialp, Head of the Child Protection Unit in UNICEF, Shri Ravi Prakash Verma, Member of Parliament, Mr. Shahid Meezan, Director in Minister of Labor and Employment, Ms. Harjot Kaur, Deputy Secretary, Mr. Simon Steyne, Worker member of the ILO Governing Body and ILO Workers’ Group spokesperson on child labor, Mr. IP Anand, employers’ representative in the ILO Governing Board, Mr. N. Adyanthaya, Vice President, INTUC and Worker member, ILO Governing Body, Mr. Kailash Satyarthi, Chairperson of Bachpan Bachao Andolan, civil society representatives, and a large number of former child laborers and activists were present on the occasion.
The Mukti Caravan is a mobile campaign of former child laborers trained in folk art and street theatre. They will not only raise awareness and sensitize the people, but will also create an enabling environment for the effective enforcement of the notification banning the employment of children in homes and in the hospitality sector. The Mukti Caravan will travel from Delhi to Mumbai and on the route will organize on-the-spot activities to mobilize and sensitize people against the heinous offence of employing children and denying their right to education.
BBA chairperson Kailash Satyarthi welcomed the Prime Minister Manmohan Singh’s statement expressing the Government’s resolve to eliminate child labor as a major step forward in the recognition of the “invisible” slavery of child domestic workers and a movement to end all forms of child labor by the government. BBA is committed to joining all the forces, especially with the Government, in realizing the objectives.
Satyarthi called upon the Government to ensure the effective implementation of the law by empowering and training the labor inspectors to verify and identify child laborers in houses and other places. The law does not permit them to do so. Satyarthi also asked for a coherent policy and action between the various government agencies and schemes, including the Sarva Shiksha Abhiyan, the Mid-Day Meal scheme, NCLP, Indus, etc., to enable the effective law enforcement and rehabilitation of children. The Government must also seek the cooperation of all stakeholders in providing rehabilitation and education to the children.
As per Government figures, there are 185,000 child domestic workers and another 75,000 children working in dhabas, etc. out of the 12.59 million child laborers in the country. However, non-government figures claim that 60 million children are employed full time, including 10 million in dhabas and another 10 million child domestic workers.
Simon Steyne brought greetings from the international trade union movement. He stressed that the struggle against domestic child labor was at the top of the agenda of the ILO Workers’ group and it was important to recall that girls are the majority denied freedom and education in this type of illegal work. He welcomed the Indian Government’s notification and echoed Satyarthi’s view that without effective, universal coverage of well-trained and child–friendly labor inspection, the law could not be properly enforced. Education is a human right for every child and is also the key to sustaining more equitable development in India’s booming economy. He called on all actors to join the alliance to make the law work for the children and the nation.
NEW DELHI: Bachpan Bachao Andolan (BBA), in association with PVR Cinemas and other partners, is pleased to launch the nation-wide campaign "From Work to School" for the effective implementation of the Government of India's recent notification banning the employment of children in homes and in the hospitality sector. The month-long campaign was launched on October 6th by BBA's long-standing friend and doyen of India's film industry Shri Mahesh Bhatt and actress and former Miss India, Gul Panag.
BBA chairperson Kailash Satyarthi remarked, "We welcome the government for its decision to prohibit the employment of children as domestic servants and in tea-shops and dhabas, etc. This is a major step forward in the recognition of the "invisible" slavery of child domestic laborers and a movement to end all forms of child labor by the government. It is important that this new notification is taken as an important tool to bring all children out of labor and provide free compulsory primary education to all. It is important that the government follow this step with rigorous implementation of the law and effective steps for the rehabilitation of children."
In this regard, Satyarthi proposed a comprehensive approach to eliminate child labor and replace it with universal education suggesting that it also requires a focus on bringing to justice those responsible for this crime and on carrying out effective measures to prevent it, while maintaining a humanitarian and compassionate approach in rendering assistance to its victims.
Sanjeev Kumar Bijli, the Executive Director of PVR Cinemas, welcomed the new law of the government and pledged the support to BBA during the campaign. Slides will be shown across the PVR cinemas in the country sensitizing the public about the new law.
Filmmaker Mahesh Bhatt stated that the elimination of a deep-rooted problem like child labor needs a revolution and a leader like Kailash Satyarthi at its helm. Everyone should join hands in this revolution and end child labor. He lauded the efforts of BBA and PVR in coming together for the campaign.
Gul Panag called upon the general public to be sensitized about the issue; only then would the law be properly implemented. She pledged her support to BBA in all its future activities as well.
"From Work to School" campaign will involve massive awareness activities like the Mukti Caravan (campaign on wheels) from Delhi to Mumbai, the display of slides in all PVR Cinemas across the country, door-to-door "My home is child labor free" sticker campaign, fixing posters and stickers on buses, trucks and other public transport along the national highways, street theatres, cycle rallies, etc.
To help the government machinery in the enforcement of the new legal provision, BBA's units and volunteers from 10 different states of the country will gather information and complaints from children, parents, and concerned citizens and pass it on to the labor officers. BBA and PVR will also network with the broad spectrum of civil society organizations to help in providing transit rehabilitation shelter, safe repatriation, and to encourage follow-up for the rehabilitation of child laborers through government and non-government organizations.
BBA is the pioneer organization in the rescue and rehabilitation of child laborers and providing education for all. This notification is seen not only as a proactive measure by the government, but also the recognition of BBA's efforts towards the complete elimination of child labor. BBA rescued the first child from domestic servitude in 1996 and on its appeal the National Human Rights' Commission issued a notification in 1999 prohibiting the use of children in the homes of government servants. The campaign was flagged off by former child laborers who are now leaders in the fight against child labor.
NEW DELHI: At small, roadside food stalls across New Delhi, many of the young boys and girls who serve glasses of piping hot tea, wash dishes, mop floors and take out trash have heard about the ban on child labor.
But for these children, the news is not cause for celebration. "As it is, I barely make enough to survive," said 12-year-old Dinesh Kumar, who has been doing odd jobs since coming to New Delhi three years ago.
The new law, which went into effect on Tuesday, bans hiring children under the age of 14 as servants in homes or as workers in tea shops, hotels and spas. But for the kids themselves, the issue is not clear.
The kids, from poor families are expected to work, and in many cases are the sole bread-winner for their families. In some New Delhi markets on Tuesday, shopkeepers prominently displayed posters saying they didn't use child workers.
One, in upscale Khan Market, read: "We are proud to declare we do not employ child labor." But child rights activists say the new law does not address poverty, the root cause of child labor.
“Further undermining the law is the lack of any plans for those out of work,” said Rita Panicker, of the Butterflies, an NGO. Poverty also gives cover to those who use child workers, many of whom insist they are only helping these children by providing a job.
CHILDHOOD REGAINED: Dozens of children taste freedom at an event organized by the National Child Labor Project in Hyderabad on Tuesday
Penalty for violation of the ban: imprisonment up to two years and/or fine up to Rs. 20,000
Ban must be backed by system to ensure the rehabilitation of child workers
It is a step towards protecting rights of the child
NEW DELHI: The ban on the employment of children below the age of 14 as domestic help and in dhabas, restaurants, hotels and the hospitality sectors came into effect from Tuesday under the provisions of the Child Labor (Prohibition and Regulation) Act, 1986.
Violation of the ban invites imprisonment up to two years and/or fine of Rs. 10,000 to Rs. 20,000.
According to the United Nations Children's Fund (UNICEF), little data is available in India on the number of children working in domestic labor or in roadside eateries and the hospitality sector. While the Government estimates that around 256,000 children (185,000 in child domestic labor and over 70,000 in dhabas and restaurants) are involved in these occupations as per the 2001 Census, non-governmental organizations put the figure at 20 million — with one million children estimated to be working in these sectors in Delhi alone.
The ban is aimed at helping thousands of children who are often subjected to physical violence, psychological trauma and sexual abuse when they work in homes and hotels. Children are banned from working in factories, mines and other hazardous occupations under the Child Labor Act, 1986. These two occupations will now be added to the list of "hazardous occupations." UNICEF views the ban imposed by the Ministry of Labor as an important step towards protecting the fundamental rights of children.
However, it sees this legislation as necessary but not adequate in itself to ensure that these children grow up under parental care, go to school, do not go hungry, are protected from abuse and discrimination, are able to play and enjoy their childhood, and exercise their rights.
It feels the legislation has to be supported by a system to ensure a safe environment and rehabilitation measures for children.
The best interests of the child should remain the foremost objective of all steps to implement the notifications. This means there should be efforts to establish child-friendly measures — from identification to rescue, from safe temporary custody and safe passage to safe return to families.
UNICEF believes that NGOs are essential players in many of the intervention stages: for example, with direct involvement in identification and rescue operations. They provide immediate assistance to children rescued from labor and play a crucial role in putting in place preventive and rehabilitative mechanisms. With their direct contact with the community, NGOs have a key role in raising awareness and informing people about the issue.
Now that the ban on child labor in 15 industries has come into force, the Labor Commissioner's office knows it has its work cut out. In a chat with Mumbai Mirror, Labor Commissioner B D Sanap spells out details of his plan to get children out from the sweaty workshops into schools. It is tough he says, but not impossible.
What exactly is this rule all about?
The government had a rule that prohibited children below the age of 14 from being employed in 13 industries including mines, railway lines and some other places. Now the government has included the hotel industry and domestic workers, which means the scope of the ban has been widened considerably.
How do you plan to go about such a mammoth task?
It is tough. But if we plan and implement step by step, it is not as tough. The rule is clear and we have to implement it. It doesn't matter whether it is tough or easy.
Can you explain the specifics?
We have constituted task forces for every district that would be headed by the district collector. Officials of the education, children's welfare, women's welfare, police and the local administration will also be part of the task force. Moreover, we have tied up with three NGOs -- Bal Praful, Pratham and Saathi. Two numbers -- 1098 and 23515969 -- can be used to inform us about the presence of child workers anywhere and the task force would respond. We have also sent 10 lakh messages on mobile phones to make people aware of the rule.
Which are the problem areas in the city? Would there be special emphasis on Mumbai?
The areas where our survey shows that a lot of child labor exists are Govandi, Mankhurd, Bhuleshwar, Kurla, Dharavi, Baiganwadi, Girgaum and certain smaller pockets. There are about 60,000 child laborers in various industries in this city and we have to work very hard at getting all of them out of these places.
And what about the rescued children?
Most of them are from cities outside Maharashtra. So they may be sent back. Those with no parents will be provided shelter. The kids will be put under the 'Below Poverty Line' bracket so that they can avail of government benefits. We will ensure free education for all of them.
What about industries employing them? Do you think they would be cooperative?
We have called the hotel associations and the secretaries of buildings and housing cooperative societies for talks next week to tell them that the rule is now in force. We will impress them the need to understand that employing children in their establishments is unethical and illegal. We are also keeping a close watch on industries like leather, zari and jewellery which sometimes employ high number of children.
What is the penalty?
Imprisonment for 3-12 months and/or fines ranging between Rs 10,000 to Rs 20,000.
The State Government is planning to render at least 100 mandals free from child labor by November 14 this year. Already 60 mandals in the State are poised to be child labor free zones.
Minister for School Education N Rajya Lakshmi said while launching the notification of elimination of child labor in domestic and hospitality sectors, the biggest challenge was to make child continue studies and to provide a secure future after education. In this regard all departments should set up a committee and prepare an action plan, she added.
According to her, as part of Badi Bata program in June this year 4,830 children engaged in child labor were rescued and admitted to bridge schools. She said her department will take action against complaints from the general public registered at the Child Rights Cell, set up at the State Education Director office with a toll free number 1800-485-2933.
Even under National Child Labor Project, about 55,239 children are rehabilitated.
BANGALORE: Life for 10-year-old Prasanna on the by lanes of Shivajinagar began as usual at 5 am on Tuesday washing huge vessels and getting set for a 17-hour work schedule. In another part of the city 13-year-old Rekha began her household chores in a plush apartment on Bannerghatta Road.
For thousands of children like Rekha and Prasanna, the official ban on child laborers in domestic sector and in the hospitality sector which came into effect on Tuesday meant nothing.
Life went on as usual — not just for the little children but also for the employers who didn't care for the ban. Be it a hotel owner or the jet-setter with a six-figure salary, the Center's ban on employing children below 14 years as domestic laborers and in the hospitality industry was sheer indifference.
"The government has banned employing children in other sectors too. Has it worked? Let them implement it there first before punishing us. It is easy to ban but what about their food? Will the government provide that?" asked a hotel owner near Hudson circle. If providing three-meals was the justification to employ children for the hotel industry, repaying loans was the reason for the "educated" lot to make children work in their homes. Barring cliché statements there was no seriousness on the enforcement agencies either.
The Child Welfare Committee continued to hear out cases of abuse of children on Tuesday. When contacted, labor minister Iqbal Ansari said the government would ready an action plan in the next few days to rescue children working in houses and in hotels.
"We will fine them Rs. 20,000 and jail them. I have already directed deputy commissioners to conduct raids and rescue children," told TOI. Till then, children like Prasanna and Rekha will continue to toil.
India's child workers worried as new law banning employing children kicks in
Nirmala George
Associated Press
October 10, 2006
NEW DELHI: At small, roadside food stalls across New Delhi, many of the young boys and girls who serve glasses of piping hot tea, wash dishes, mop floors and take out trash have heard about India's new ban on child labor.
But for these children, and hundreds of thousands of others across India, the news is not cause for celebration.
"As it is, I barely make enough to survive," said 12-year-old Dinesh Kumar, who hails from a tiny village in eastern India and has been doing odd jobs since coming to New Delhi three years ago. "This will be a bad blow. I really don't know what I'll do."
The new law, which went into effect Tuesday, bans hiring children under age 14 as servants in homes or as workers in restaurants, tea shops, hotels and spas.
The move to eliminate child labor is more than just another story of a modernizing country tightening up its labor laws. Despite all the news of the subcontinent's emerging economic power, child labor remains widespread in India.
The numbers say it all — conservative estimates place the number of children covered by the new law at 256,000. All told, some 13 million children are estimated to work in India, many of them in hazardous industries, such as glass making, where such labor has long been banned.
Officials say the new measure will help take kids out of the workplace and put them in school.
Critics counter that earlier bans in other industries have had little impact — a trip to most carpet weaving operations, for example, reveals dozens of child workers — and the new measure does little to address the poverty at the root of India's child labor problem.
For the kids themselves, the issue is not as clear cut as many outside India would imagine. The children of the country's tens of millions of poor families are expected to work, and in many cases are their families' sole breadwinner.
At one roadside tea shop, the Harish Dhaba, talk among the child workers has focused on the hardships of the new ban.
"As long as I can remember I've worked in a restaurant, washing dishes, cutting vegetables, throwing out the garbage," said Rama Chandran, a small and frail-looking 13-year-old as he cleared dishes from the grimy wooden tables in the tiny, smoke-filled eatery.
The little boy from southern India has been working in New Delhi for nearly four years, and said the earnings he sends home each month literally keep the family pot boiling for his widowed mother and three younger siblings.
"If I didn't send money home, they would starve," Chandran said.
Employers who violate the law face up to a year in prison or a fine of 10,000 rupees (US$217, €180), or both, and officials are promising strict enforcement.
Prime Minister Manmohan Singh said "firm" action would be taken against violators.
"I call upon each one of you to stop employing children as workers and actively encourage children to join schools," he said.
Even though many here are uncertain whether the law will be enforced, Chandran's boss at the Harish Dhaba has told him and the other child workers to stay away for a few days while they see how things shake out.
In some New Delhi markets on Tuesday, shopkeepers prominently displayed posters saying they didn't use child workers. One, in upscale Khan Market, read: "We are proud to declare we do not employ child labor."
But child rights activists say the new law is problematic because it does not address the root causes of child labor.
"The fundamental reason is abject poverty — and that is the most important and fundamental issue why children are laboring," said Rita Panicker, who heads Butterflies, a non-governmental organization that works with street children.
Further undermining the new measure is the lack of any plans for the children put out of work, she said.
"Bans and prohibitions will help if you put preventive mechanisms and rehabilitation mechanisms in place," Panicker said. "If you don't do either and just ban children from working ... the children will be the ones who will be the victims of more oppression and exploitation."
Poverty and the lack of alternatives for children also gives cover to those who use child workers, many of whom insist they are helping the kids by providing a job.
"I give a roof, a bed, food, clothes," said Rakesh Sharma, a 36-year-old business executive who employs an 11-year-old girl as a maid at his home in a tony New Delhi neighborhood.
The girl, Priya, is from his home village, a few hours drive from the capital, and her family has long worked as servants for his family.
"What would the child have if there was no job for her?" he continued, explaining that he sends her to school "when possible." His own children — ages 8 and 10 — go to one of New Delhi's most prestigious private schools.
Did he plan on stopping Priya from working after Tuesday? "No decision has been taken."
Child workers put on street by law to get them in school
From Jeremy Page in Delhi
Timesonline
October 10, 2006
Nazim Mohammed does not know what he should do today. Neither, it seems, does the Indian Government. For the past two years the 12-year-old has worked at the Imran Khan Food Corner in Delhi, cleaning dishes and chopping meat to help to pay for the education of his five siblings back home in Bengal.
But under a new ban that came into force at midnight, children under 14 can no longer be employed in private households, hotels, restaurants, cafes and tea-shops.
“What can I do? I will just have to find another job somewhere illegally,” Nazim said. “Things are not so good at home, so I have to work to support myself and my family.”
The Government hopes that Nazim will return to school and that the widespread exploitation of child workers in India will be curtailed. Some 12 million children are employed in this country of 1.1 billion people, according to the latest census figures, and activists say that the real number could be as much as five times that. The last census also showed that about 65 million Indian children aged between 6 and 14 did not attend school.
The Child Labor Prohibition and Regulation Act 1986 forbids employing children under 14 in “hazardous” jobs such as making fireworks or working in mines and slaughterhouses. Employers face a prison term of up to two years and/or a fine of up to 20,000 rupees (£235) if found guilty.
In August the Government announced that it was broadening the definition of “hazardous” to include most places employing children. Most controversially, the ban covers private homes, millions of which have child servants known simply as chothu (little boy) or chothi (little girl).
Manmohan Singh, the Prime Minister, urged the country yesterday to comply with the amendment to the law. “Let us create a moral force to build our country free of child labor, paving the way for children enjoying the right to education,” he said.
Critics say that the original 1986 law is poorly enforced and that the new ban will be equally ineffective unless it is accompanied by strict policing and a government program to rehabilitate child workers.
The Government insists that it will use existing infrastructure to accommodate child workers and has ordered its 29 states to prepare to house them. It has also launched a nationwide multi-media campaign to raise awareness of the ban and the potential penalties. “Don’t deny them their childhood!” national newspaper advertisements warn.
Unicef and most labor activists have welcomed the ban, which they hope will curb the widespread violent, and often sexual, abuse of child laborers. Many activists doubt, however, that it will take effect for years because of the widely held belief that child laborers would starve without work.
“These children don’t work for pleasure, but because they have to,” said Imran Khan, the owner of the café where Nazim works for about 1,500 rupees a month — half of what an adult would earn. “If the Government is going to clamp down on child labor, it must offer them an alternative.” And Nazim, who loses his only source of shelter and income today, seems to agree.
NEW DELHI: The Labor Ministry notification banning employing children below 14 years as domestic helps or at eateries came into force on Tuesday even as the children had little to cheer about in the absence of a comprehensive rehabilitation package.
The fresh notification prohibits employment of children as domestic help or as servants in dhabas, restaurants, teashops, resorts, spas and recreational center’s. But does this notification take into account the problem of rehabilitation of the millions of child workers in India?
“I work from 10 to 3 during the day and then from 6:30 till 11 in the night,” says Child Laborer, Arjun working in a small restaurant in Mumbai.
What exactly is the child labor law?
The Child Labor Act prohibits employment of children below the age of 14 years. According to Child Labor (Prohibition and Regulation) Act 1986, those found violating it could face a jail term of up to two-years and a maximum fine of Rs 20,000.
His everyday work includes sweeping the floor, cleaning and serving food in the hotel. “There is no money at home, that is why I am here,” says the 15-year-old who had come to Mumbai to earn a living to support his family. He will be just one amongst many children who have nowhere to go after the implementation of the SC ban.
“There are children from Kolkata and South India, Karnatka and Mdaras who work here. Where will they go if they don work?” the hotel manager says.
Though the ban makes sense, very little thought seems to have gone into the future of the children most of whom are breadwinners for their families.
Children below 14 years of age can no longer be employed in places such as households, eating joints, tea shops, hotels, catering units, hostels and clubs.
The violation of the ban under the Child Labor (Prohibition & Regulation) Act, 1986, would lead to prosecution, penalties and other punitive actions
The law banning child labor comes into effect today and is expected to benefit about 10 million child workers.
NEW DELHI: More than 1 crore child workers in India will get a new opportunity in life with a law banning the employment of children in households, eating joints, tea shops, hotels, catering units, hostels, clubs, spas and recreation center’s coming into effect on Tuesday.
“No child up to the age of 14 years can be employed at such places from this day onwards,” a notification by the labor ministry said.
“The notification is a welcome step, but it is yet to be seen how effectively it is implemented,” said Vinod Kalra, convener of Saksham Bharati, a Delhi-based NGO that runs about a dozed education center’s for child workers.
“It is a much delayed step, yet we welcome it. But the child workers will get the real benefit only if they are rehabilitated properly,” said Ranjan Mohanty, national convener of the Campaign Against Child Labor (CACL), an alliance of NGOs.
“Providing them access to education will be the first step in that direction and for that the government should bring another legislation ensuring compulsory education for the children,” Mohanty told IANS.
According to CACL, the ban if implemented successfully would rescue thousands of children slaving away in hotels and households, engaged in different kinds of domestic chores from cooking and cleaning to swabbing and serving.
The violation of this ban imposed under the Child Labor (Prohibition & Regulation) Act, 1986, would lead to prosecution, penalties and other punitive action, a senior official in the ministry of labor said.
The decision to impose the ban was taken on the recommendation of the technical advisory committee on child labor headed by the director-general of the Indian Council of Medical Research (ICMR).
While recommending the ban, the committee had said these children were subjected to physical violence, psychological traumas and at times even sexual abuse.
It said such incidents invariably went unnoticed and unreported as they took place in the close confines of the households or dhabas, or roadside eateries. These children were made to work for long hours and made to undertake various hazardous activities severely affecting their health and psyche.
Children employed in roadside eateries and highway dhabas were the most vulnerable and were easy prey to sex and drug abuse as they came in contact with all kinds of people, the committee said.
Much will depend now on how the government will ensure the effective implementation of this Act, as another law banning the employment of children in factories, mines and hazardous work hardly acted as a deterrent for employers.
The abysmally low conviction rates and poor enforcement mechanisms prohibiting the employment of children carried little meaning.
October 10, 2006 (NDTV, Mumbai): The Labor Ministry notification banning employing children below 14 years as domestic helps or at eateries has come into force.
The ban is accompanied by provisions imposing punishment, which includes a jail term up to one year.
NGOs have raised questioned on the success of the ban and asked how the government will ensure effective implementation of the Child Labor (Prohibition and Regulation) Act.
While the government has decided to crack the whip, experts are of the view that a ban without a proper rehabilitation plan will backfire.
The act bars children under 14 years from working as domestic help or servants at roadside eateries and other non-hazardous jobs.
Uphill task
The enforcement of this ban came as the children had little to cheer about in the absence of a comprehensive rehabilitation package.
The law is aimed at getting children out of the workplace and into schools but most children feel it is easier said then done.
NDTV spoke to Aamir, key maker, and Shankar, magazine seller, about the Child Labor Act.
Aamir: I stopped going to school because my father doesn't earn enough. So I started working.
NDTV: What does your father do?
Aamir: He makes bricks.
NDTV: How much do you earn?
Aamir: My brother earns about Rs 70 a day.
NDTV: Do you know the government has banned all children below 14 from working from tomorrow onwards?
Aamir: I have not heard about this.
NDTV: But if they stop you from working, what will happen?
Aamir: I will have to think about what to do.
NDTV: Do you go to school?
Shankar: Yes
NDTV: Then why are you selling magazines?
Shankar: I want to go for a picnic from school and they have asked for Rs 100. So I am selling these.
NDTV: You were saying the cops were trying to catch you yesterday? Why?
Shankar: They say they won't let us sell. So I was running away from them and I fell.
Look for solutions
The law in Maharashtra covers all forms of work with no exceptions. That means Aamir will have to find another way to support his family and Shanker might have to skip his school picnic.
But the law does it have its supporters, who have been championing its cause. "I don't deny that there are some cases of children coming from very poor families. But the solution is to give an adult member a job, not make children work. Nothing justifies child labor," said Kishor Bhamre, Pratham, Mumbai.
Critics say raids may have the opposite effect of the law's intention. It could well drive the now visible child labor underground where children are forced to work in worse conditions for lesser money. A situation that both activists and government officials say they will work hard to prevent.
Ban on child labor takes effect, but only on paper
Indo-Asian News Service October 10, 2006
NEW DELHI: Even as a new law banning employment of children as household helps or in restaurants came into effect on Tuesday, a government-sponsored probe found that there are over 25,000 child laborers in the capital alone.
The probe conducted by the Labor Commission of Delhi government has found that among the worst affected areas are east Delhi, south Delhi and southwest Delhi with most of the children employed either in small units or as servants.
"We conducted the survey in different zari units and other small-scale industries recently. We estimate that there are over 25,000 children working in these units. They have been brought from different states to work," said Piyush Sharma, Delhi's Joint Labor Commissioner.
"One can see at a time over 50 children at work. They work for more than 14 hours a day for a pittance," Sharma said.
The Delhi government is planning to conduct raids and surprise checks on these units.
"We have asked our personnel in the nine different zones of the capital to start carrying out surprise checks from Tuesday," said Mangat Ram Singhal, Delhi labor minister.
The survey also reveals that many children from Bihar, Jharkhand, Orissa and West Bengal states were being brought to Delhi to work as child laborers and forced to live in inhuman conditions.
However, for those for whom the ban is actually meant, it was work as usual.
Twelve-year-old Sanjay went about cleaning cars in a posh east Delhi colony unaware that a law had come into effect that day banning children below 14 years from being employed as labor.
Sanjay, who is from Bihar, has been working for the past two years. His parents sent him to Delhi in search of work so that the money he would send could feed the eight family members.
"Initially, I did not get work as not many people were ready to employ me because I am a Muslim. But then I changed my name to find work," said Sanjay, whose real name is Mohammed Sagir Alam.
Social activists maintain the ban on child labor was meaningless as the government had neither notified the legislation to make it a law nor did it have any mechanism to enforce the ban.
"It is a good example of the insensitivity of the government. They have not notified the legislation, so the law cannot be enforced in the country," said Ashok Agarwal, child activist and lawyer.
"The government is misleading the people because they have not completed their side of the work, and I do not think that this ban would be a success without proper notification by the authorities," stated Agarwal.
Putting a question mark on the efforts made by the government to stop child labor, Agarwal said: "It is a hollow set up. What more can be expected from them?"
He claimed the union government had given three months time to notify the law in July this year, but it had not been done. The legislation, if implemented, will put a stop to children being employed as domestic workers or servants, he said.
Bhageshwari Dengle, executive director Plan India, said: "There is no way the government will be able to monitor if the law is being enforced or not. The government should ensure that all the children who are rescued and rehabilitated are sent to school regularly."
"Not many people are aware that such a law banning child labor is being enforced. We have been carrying out a nationwide program to make people aware," he added.
The Child Labor Prohibition and Regulation Act, 1986, that came into effect Tuesday, will also stop children from being employed in dhabas (road side eateries), restaurants, hotels, motels, teashops, resorts, spas or other recreational centers.
An earlier law had made it illegal to employ children in hazardous jobs such as in fireworks units and glass factories.
A UNICEF report World's Children 2006 states that in India, which has the largest number of working children, 17 per cent are under the age of 15 and girls aged 12-15 are the preferred choice of 90 per cent households. India has an estimated 10 million children employed as labor.
NEW DELHI:The Labor Ministry notification banning employing children below 14 years as domestic helps or at eateries on Tuesday came into force even as the children little to cheer about in the absence of a comprehensive rehabilitation package.
The ban is accompanied by provisions imposing punishment which includes a jail term up to one year, sources in the labor ministry said. NGOs have raised questioned on the success of the ban and asked how the government will ensure effective implementation of the Child Labor (Prohibition and Regulation) Act that bars children under 14 years from working as domestic help or servants at roadside eateries and other non-hazardous jobs.
There is a separate law banning the employment of children in factories, mines and hazardous work.
The Labor Ministry, which has already prohibited the government employees from engaging children as domestic help, recently issued a notification warning that anyone employing children would be liable to prosecution and other penal action.
The fresh notification prohibits employment of children as domestic servants or servants in dhabas (roadside eateries), restaurants, hotels, motels, teashops, resorts, spas and recreational centers.
While the government has decided to crack the whip, experts are of the view that a ban without a proper rehabilitation plan will backfire.
Kamayani Singh
Times News Network
October 10, 2006
NEW DELHI: If you have a kid under 14 working in your house or you know of someone who has employed a child laborer, call 1098. The government will take adequate steps to rehabilitate the child.
The labor ministry notification, banning employment of children under 14 in houses, dhabas, and other eateries, will come into force on Tuesday.
And employers found violating the ban can face imprisonment up to two years, a fine of Rs 20,000, or both. But, is announcing a ban enough to eradicate child labor?
According to official estimates, India has over 12 million child laborers — of these nearly 185,000 work in households and 70,000 in dhabas and other eateries.
NGOs claim this total number to be as high as 20 million, with Delhi accounting for one million child laborers. It can hardly be expected that this huge number of children will stop working from Tuesday.
And even if their employers get rid of them, there should be proper rehabilitation programs so that these kids don't starve. Several organizations have already come forward to create greater awareness about eradicating child labor.
Bachpan Bachao Andolan, which has been working towards abolition of child labor for the past 25 years, has launched a month-long "Work to School" campaign.
The idea behind it is to rescue children employed as laborers, and providing them free compulsory education. For this purpose, BBA plans to work closely with residents' welfare association (RWAs) in the city.
Says Kailash Satyarthi, chairperson of BBA, "Child labor can't be eradicated without creating awareness among people who employ these children. This is why we are roping in RWAs."
Unicef is also following the ban closely. Says Victoria Rialp, member of the child protection section, Unicef: "We are willing to support the Government of India in all its endeavors to eradicate child labor.
However, we need to realize that this is not a complete ban on child labor. There are going to be roadblocks in the implementation of this law, regarding rescue and rehabilitation of these children.
We advocate a phased and planned approach to deal with the problem." Rehabilitation of the rescued children is a major problem confronting voluntary organizations and the government.
Without a proper tracking system in place, it becomes difficult to monitor the progress of any project seeking to abolish child labor.
NEW DELHI(Reuters): Ten-year-old Sonu sits forlornly on a plastic chair in a ramshackle street food stall in New Delhi, taking a break after serving customers tea.
A ban on child labor in households, restaurants, hotels and resorts came into effect in India on Tuesday but nothing has changed for the tired-looking boy, dressed in scruffy blue jeans and a faded green shirt.
Sonu, whose father also works in a food stall, says he'd rather be in school.
"But what to do? This is necessary," said the boy, reality teaching him an early and harsh lesson in life.
Sonu comes from a poor family from a New Delhi slum and is one of the millions of children who work in roadside food stalls or in the homes of India's upper and middle-class.
Officials hope the new ban, which will apply to children under 14, will protect underage workers from psychological and sexual abuse as well as from strenuous working conditions.
On the eve of the ban, Prime Minister Manmohan Singh warned of "firm action" against violators but appealed to Indians to give up the practice voluntarily.
Under the country's existing Child Labor (Prohibition and Regulation) Act of 1986, children under 14 are already banned from working in industries deemed "hazardous" such as fireworks, matchstick-making, auto workshops or carpet weaving.
Activists say they have their doubts about how authorities will implement the new ban, given their past record.
"This ban on child domestic labor is a welcome step, but changes on paper are not enough," Zama Coursen-Neff of New York-based Human Rights Watch said in a statement.
Too poor to make a difference
Less than five km (three miles) from India's labor ministry, 10-year-old Shehzad is covered with grime and dust as he uses a foot pump to inflate a tire tube of a scooter belonging to a policeman, who watches him impassively.
Shehzad does not know that children have been banned for a decade from working in workshops but says it does not make a difference.
"I can't go to school as my father can't afford to buy books for me," the son of a rickshaw-puller said, while picking up a plastic container of spare parts.
The new ban for children in food stalls and working in homes is aimed at providing legal protection to millions more children. Those found violating the law could face up to two years' jail and a maximum fine of 20,000 rupees ($435) or both.
The labor ministry says there are 12 million children under 14 years old working in India -- the largest such group in the world -- but activists say the number could be five times higher.
"This is a good tool for us to fight child labor. Now we have a legal instrument to take it on," said Kailash Satyarthi, head of the Bachpan Bachao Andolan (Save the Childhood Movement).
Authorities say results from the new ban will not come overnight as many Indians do not see the age-old practice of employing children from impoverished families as a crime.
Activists say the new ban will expose the problems faced by child servants -- whose living and working conditions are not exposed to public scrutiny -- including loss of childhood and sexual exploitation.
"These children are very vulnerable. Their employment is an invisible form of slavery," Satyarthi said.
Even though local authorities have been asked to prepare to accommodate thousands of children expected to be freed from raids conducted on homes and restaurants by police, activists say there has been little provision for rehabilitating the freed children.
NEW DELHI: The Labor Ministry notification banning employing children below 14 years as domestic helps or at eateries on Tuesday came into force even as the children have little to cheer about in the absence of a comprehensive rehabilitation package.
The ban is accompanied by provisions imposing punishment which includes a jail term upto one year, sources in the labor ministry said.
NGOs have raised questioned on the success of the ban and asked how the government will ensure effective implementation of the Child Labor (Prohibition and Regulation) Act that bars children under 14 years from working as domestic help or servants at roadside eateries and other non-hazardous jobs.
There is a separate law banning the employment of children in factories, mines and hazardous work.
The Labor Ministry, which has already prohibited the government employees from engaging children as domestic help, recently issued a notification warning that anyone employing children would be liable to prosecution and other penal action.
The fresh notification prohibits employment of children as domestic servants or servants in dhabas (roadside eateries), restaurants, hotels, motels, teashops, resorts, spas and recreational centers.
While the government has decided to crack the whip, experts are of the view that a ban without a proper rehabilitation plan will backfire.
Shaiju Varghese, coordinator of "Childline" (child helpline), said it will be difficult for implementing agencies to locate domestic workers unless society is sensitized.
The Labor Ministry is, however, planning to strengthen and expand its rehabilitative scheme of National Child Labor Project, which now covers 250 child labor endemic districts.