A recent rescue in Guwahati, Assam highlights the Child Labour Compliance Crisis.Learn about legal provisions, causes of child labour in Assam, enforcement challenges, socio-economic impacts, government initiatives, and the way forward—an important topic for APSC and UPSC preparation.
Why is this in the News?
A minor girl was rescued in Guwahati. She was found hidden in a storage drawer under a bed.The rescue was done by the District Child Labour Task Force.
Significance: This incident highlights that despite laws, child labour is still a harsh reality in Assam and India.
Historical and Legal Background
India’s battle against child labour has a long legislative history. Over 40 years have passed since the first child labour law was enacted, and it has been more than 30 years since India ratified the UN Convention on the Rights of the Child (UNCRC).
Notably, India ratified the UNCRC with a reservation to Article 32 (prohibition of exploitative child labour), acknowledging socio-economic realities where abrupt bans could potentially worsen poverty and hunger. The law eventually evolved into the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, yet implementation has significantly lagged.
Child and Adolescent Labour (Prohibition and Regulation) Act 1986
Prohibition
- Section 3: Employment of children below 14 prohibited (with limited exceptions).
Punishment
- Section 14:Imprisonment up to 2 years, or Fine ₹20,000–₹50,000, or both.
Reality
- Convictions almost nil in Assam.
- Fines, when imposed, lack deterrent value.
Rehabilitation
- Section 14B: Child and Adolescent Labour Rehabilitation Fund.
- Funded by employer fines + ₹15,000 per rescued child (State contribution).
- Interest payable every six months till age 18.
Reality:
- Most rescued children never receive benefits.
Public Notice
- Section 12 & Rule 2A mandate public display of child labour prohibition notices:
- Railways, bus stands, airports, markets, hospitals, schools, courts, RWAs, etc.
Reality:
- Notices largely absent, indicating weak compliance and awareness.
The Data: Magnitude of the Crisis
• Census 2011: Recorded 10.1 million child labourers (aged 5–14) in India.
•National Crime Records Bureau(NCRB) 2022: 982 cases were registered under the Child Labour Act in 2021. Telangana reported the highest cases, followed by Assam.
• Global Context: An ILO-UNICEF report estimates 160 million children are in child labour worldwide.
Causes of Child Labour
Poverty & Economic Distress: High poverty levels force families to depend on their children’s income for survival.
School Dropouts: Factors such as poor learning outcomes, corporal punishment, and language barriers push children out of schools.
Tea Garden Economy: Low wages and poor living conditions in tea estates often lead to inter-generational child labour.
Tribal & Marginalised Communities: Social exclusion, land insecurity, and weak access to welfare schemes increase vulnerability.
Migration: Migrant families often lack documents and access to PDS, schooling, and ICDS, pushing children into informal work.
Weak Law Enforcement: There are very few convictions under child labour laws, and existing penalties fail to deter employers.
Emergencies: Natural disasters, conflicts, and pandemics disrupt the normal functioning of society, increasing the vulnerability of children. Some may lose parents, homes, or access to basic services, forcing them to work for survival or leaving them open to exploitation by traffickers.
Lack of Awareness: The absence of mandatory public notices tends to normalise child labour in society.
Socio-Economic Impact
The consequences of child labour extend far beyond the immediate exploitation:
• Reduced Human Capital: It diminishes a child’s ability to accumulate skills, affecting future productivity.
• Perpetuation of Poverty: It lowers wages for unskilled work, contributing to the cycle of poverty.
• Deprivation of Rights: Children are deprived of education, health, and protection.
• Negative Health Impacts: Exposure to hazards leads to physical injuries, diseases, and reduced life expectancy.
Challenges in Eliminating Child Labour
• Persistent Nature of Child Labour: Shocking cases (e.g., Guwahati incident) are not isolated, but recur regularly, showing deep-rooted failure.
• Implementation Deficit: Laws have evolved, but ground-level enforcement has not kept pace over four decades.
• Weak Deterrence: Despite strict penalties under the law, convictions and jail terms are almost nil in Assam, and fines are too low to deter employers.
• Non-functional Rehabilitation Mechanism: The Child and Adolescent Labour Rehabilitation Fund exists largely on paper; most rescued children never receive benefits.
• Poor Awareness & Compliance: Mandatory public notices prohibiting child labour are largely absent, reducing preventive impact.
• Capacity Constraints at District Level: District Child Labour Task Forces lack vehicles, funds, staff, and emergency support, limiting effective enforcement.
• Education System Failures: Poor teaching quality, corporal punishment, gender bias, and neglect push children out of schools and into labour.
• Rescue–Relapse Cycle: Many children return to labour after rescue due to lack of sustained rehabilitation and community support.
Government Initiatives to Curb Child Labour in India
Right to Education Act (2009):
- Inserted Article 21A in the Constitution.
- Guarantees free and compulsory education to children aged 6–14 years.
Child Labour (Prohibition and Regulation) Act:
- Prohibits employment of children below 14 years.
- Bans adolescents (14–18 years) from hazardous occupations.
Factories Act:
- Prohibits child labour below 14 years in factories.
- Regulates working conditions and hours for adolescents.
National Policy on Child Labour:
- Focus on prevention, regulation, rehabilitation, and education.
- Addresses socio-economic causes affecting families.
National Child Labour Project Scheme (NCLP):
- Provides bridge education, vocational training, mid-day meals, stipend, and healthcare.
- Mainstreams rescued children into formal schooling.
PENCIL Portal:
- Digital platform by the Ministry of Labour & Employment.
- Enables coordination among Centre, States, districts, NGOs, and citizens to eliminate child labour.
Way Forward
Strengthen Enforcement Mechanisms
- Fully operationalise the Rehabilitation Fund to ensure timely compensation and support for rescued children.
- Clear the backlog of pending police investigations and court cases related to child labour.
- Improve investigation and prosecution so that employers violating child labour laws face actual convictions and deterrent penalties.
Build Institutional Capacity
- Strengthen District Task Forces by providing adequate vehicles, financial resources, and trained personnel for rescue and monitoring operations.
- Enhance the reach and effectiveness of the 1098 Child Helpline through better staffing, publicity, and rapid response systems.
Enhance Awareness and Public Participation
- Make it mandatory to display child labour prohibition notices in markets, factories, shops, transport hubs, and other public spaces.
- Conduct regular awareness campaigns involving schools, local bodies, and community organisations to change social attitudes toward child labour.
Prioritise Prevention and Social Protection
- Undertake community-level mapping to identify vulnerable children and families at risk.
- Ensure effective delivery of social protection schemes, scholarships, and sponsorship support to reduce economic pressures on families.
- Promote child-friendly schools, improve retention, and address dropouts through mid-day meals, bridge courses, and counselling.
LUCENT IAS Mains Practice Question
Q. Despite the existence of comprehensive laws and international commitments, child labour continues to persist in India, with states like Assam reflecting serious gaps in enforcement. Examine the structural and implementation challenges in the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, and suggest practical measures to ensure effective implementation and elimination of child labour. ( Write in 250 Words) 15
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