I was part of a three-person team to conduct an evaluation of child labour in India in January and February 2009. The concern for child labour is a part of India’s welfare state approach. The 2001 Census indicated that there were 12.6 million economically active children with a workforce participation rate of 5%, down from the 1991 figures of 13.6 million. The reduction has been found to have primarily occurred in rural areas, while in the urban areas it has shown a somewhat rising trend, particularly in 2004-2005. It is also noteworthy that during the last ten years the number of working children in the younger age group of 5-9 years has declined sharply from 1.27 million in 1993-1994 to 0.35 million in 2004-05 according to the government’s report of the National Child Labour Project.
Based on the 1991 Census data, six states had the highest incidences of child labour: Uttar Pradesh, Madhya Pradesh, Maharashtra, Tamil Nadu, Andhra Pradesh and Karnataka. These six states accounted for 7.04 million child labourers. The 2001 Census data showed that the states of Rajasthan and Bihar had more than a million working children, and were overtaking other states.
Despite the reduction, it is acknowledged that with a large population, a sizable proportion of which continues to be living below the national poverty line, and significant gaps in access to education, a child labour free India cannot be a realistic or feasible goal. Nevertheless, the government’s approach has been a sequential one aiming at gradual improvement starting with the removal of child labour from dangerous jobs and priority sectors.
To this end legislation prohibits employment of children below 14 years of age in factories, mines or other hazardous occupations. The Directive Principles of State Policy that are required to be followed in the governance of the country stipulate that all children be protected from abuse, exploitation and abandonment, and provide opportunities for their ‘development in a healthy manner and in conditions of freedom and dignity’ through the enactment of the Child Labour (Prohibition & Regulation) Act, 1986. Initially it listed 6 occupations and 13 processes as hazardous in which children could not be employed, allowing scope for making further additions to the list. There are 16 occupations and 66 processes that are prohibited under the Act.
The Government of India formulated its National Child Labour Policy in 1987. Compliance is reported to the Supreme Court by the Ministry of Labour and Employment. The policy dealt with the issue from three main aspects: (a) a legislative action plan for strict and effective enforcement of provisions relating to child labour; (b) focusing general development programmes for benefitting child labourers and their families; and (c) a project based plan of action in areas with high concentration of child labour in hazardous sectors through the implementation of National Child Labour Projects. The NCL Projects aimed at withdrawing children from work and rehabilitating them through education and vocational skills. This policy approach is still valid and is ongoing.
National Child Labour Projects (NCLP) are currently established in 250 districts extending over 15 states. At present there are 8,887 NCLP schools with an enrolment of 0.34 million children. Working children already mainstreamed to regular schools under the NCLP Scheme are 0.45 million.
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