ABSTRACT:
The plight of children working in the automobile industry especially in the automobile repair workshops before the period of this research seemed to be an instigation to conduct an exclusive research on the subject.The research question is about law relating to child labour with particular reference to automobile industry in Puducherry.In that way of the matter,a research on the position obtaining in developed and developing countries regarding child labour has also been made to find some innovative solutions from them.Therefore the study itself seems to be divided,one with respect to India and the other with reference to Puducherry.While the analytical part would help finding solutions for child labour in India,the empirical study would analyse the background,causes and probable solutions that would work out in Puducherry.
3.KEYWORDS : Child Labour,Automobile Industry,Puducherry, and India.
4.INTRODUCTION:
It is well known and univetrsally accepted fact that children are nation’s asset.If the said fact is to be put to reality,the nation has to protect children from all harms and enable them to grow up into healthy and valuable citizens.In fact,they form the future of any nation and therefore the prosperity of any nation naturally depends on their well-being.The well-being of children reflects the growth of nation,by their becoming great personalities in various fields of life ,whether it be industry,education,politics,social services,defense,civil services,science and technology,administration or anything else.They are the future custodians of hard-secured freedom,sovereignty,rule of law,justice,liberty,fraternity and finally peace and security.It is on the future of these children that destiny of the nation rests.Therefore,in one way,it could be fair to state that protecting and nurturing children shall help building up a strong nation.[1]
4.1 CHILD AND SOCIETY
- If the children are brought up properly and equipped with a broader human output,the society will feel happy.On the other hand if the child is neglected,huge loss accures to the society.If children are so neglected,they will be deprived of their childhood- socially,economically,physically and mentally.If they are deprived of their childhood,ultimately,the nation will get depived of the potential human resources in aspects of social progress,economic empowerment and peace and order,the social stability,and good citizenry.[2]
- Therefore,with a view to avoiding such deprivation of potential human resources,it is quite imperative to give vent to the thought of Hon’ble
- Mr.Justice Subba Rao who has rightly observed :
“Social justice must begin with children.Unless tender plant is properly tended and nourished,it has little chance to growing into a strong and useful tree.So,the first priority in the scale of social justice shall be given to the welfare of children”[3]
4.2 IMPORTANCE OF THE STUDY
- Several researches have been done so far on child labour.Study of child labour among school children in urban and rural areas of Puducherry was done by Devi and Roy[4]in schools situate in the service areas of Jawaharlal Institute of Rural Health Centre and Jawaharlal Institute of Urban Health Centre covering rural and urban areas of Puducherry.The study was conducted in select schools in rural and urban areas of Puducherry and among those,children who were working were further interviewed.In the said study,interview was conducted for working children alone in their houses with the help of certificate data collected.The study revealed that 32.5% of the children went to work.The study found that among the said working children,children working in the urban area comprised of 42.8% and 24.8%in the rural areas.
- In yet another study conducted by Niveditha and Roy,[5] regarding the prevalence of child labour among school children and related factors in Puducherry,selecting students from four Government schools from urban area studying from 5th to 9th standard during the academic year 2001-2002 ith sample size of 1305 students,trhe research ended up in a finding that 150 per 1000 students were engaged in work outside school hours.A similar research has been done on Child Labour in Automobile Workshops in Kalyan and Ulhasnagar,Thane District,Maharastra by UshaP.Ooman,Ulhasnagar.[6]The said research endeavors to highlight the rampant prevalence of child labour in automobile workshops in the two cities of Kalyan and Ulhasnagar.Likewise,another study is also found to have been conducted- on child labour in Automobile repairing workshops in Kalwa and Kharegaon,Thane district,Maharastra[7] which attempts to highlight the fact that lots of Automobile repairing workshops are seen in every city,town,uban areas in the roadside of national highways,etc.They are not regulated and many of them use child labour.Another article on Working Conditions and Health Status of Child Labour in Automobile Workshops[8]seeks to explore the working conditions and health status of child labourers in Automobile Workshops of Tirupati town.
4.3 DEFINITION OF CHILD
The Children (Pledging Of Labour)Act[9] defines “child” to mean a person who is under the age of fifteen years.The Factories Act[10] defines “child” to mean a person who has not completed his fifteen year of age. The Minimum Wages Act[11] defines a child to mean a person who has not completed his fourteenth year of age. The Plantations Labour Act[12] defines a “child” to mean a person who has not completed his fourteenth year . The Mines Act[13] prohibits the employment of persons below fourteen years of age. The Merchant Shipping Act[14] prohibits employment of ‘child’ under the age of fourteen. The Motor Transport Workers Act defines ‘child’ to mean a person who has not completed his fourteenth[15] year. The Apprentices Act[16] prohibits apprenticeship or training of a child under fourteen years. The Beedi and Cigar Workers (Conditions of Employment) Act[17] defines ‘child’ to mean a person who has not completed fourteen years of age. Child Labour (Prohibition and Regulation) Act[18] defines ‘child’ to mean a person who has not completed his fourteenth year of age. The Right ofChildren to Free and Compulsory Education Act[19] defines ‘child’ to mean a male or female child of the age of six to fourteen years.
4.4 NEED FOR PROTECTION
- “Mankind owes to the child the best it has to give. The child shall enjoy the special protection and shall be given opportunities and facilities by law and other means to enable him to develop physically, mentally, morally, spiritually and socially in the healthy and normal manner and in conditions of freedom and dignity”[20]
- Above all, children are innocent, vulnerable and dependent. At the same time, they are active and full of hope. Their time should be one of joy and peace, of playing, learning and growing. Their future should be shaped in harmony and cooperation. Their lives should blossom as their perspectives are broadened and should gain new experiences. But to most of the children, childhood is totally different when they find themselves in work places. They are subjected to servitude while they should be playing and enjoying their liveIf children of a nation are better equipped with ultimate broader output, the society will feel happy.[21]
- If children of a nation are better equipped with ultimate broader output, the society will feel happy. Suppose children are neglected, it would result in loss to society. If children are deprived of their childhood, the nation gets deprived of potential human resources for attainment of social stability.[22]
- Thus, the significance and the importance of the child lie in the fact that the child is the universe. Without child there would be no humanity and without humanity there cannot be a universe. Moreover, children constitute a hidden source of potential development of a growing nation. The social and economic development of any nation depends on the importance given to welfare of its children. Therefore, if a nation has to thrive and prosper in all spheres of human activity, children will have to be given social and economic protection.[23]
4.5 LABOUR-DEFINITION
- The aggregate of all human physical and mental effort used in creation of goods and services. Labour is a primary factor of production.[24]
- According to Merriam-Webster Dictionary, Labour is expenditure of physical or mental effort especially when difficult or compulsory; human activity that provides the goods or services in an economy; services performed by workers for wages as distinguished from those rendered by entrepreneurs for profits; an economic group comprising those who do manual labor or work for wages; workers employed in an establishment; workers available for employment; organizations or officials representing groups of workers.[25]
- Labour is productive activity, especially for the sake of economic gain,by a body of persons engaged in such activity, especially those working for wages. The body of persons is considered as a class distinguished from management and capital.
- Labour is defined to mean physical or mental work, especially of a hard or fatiguing kind; toil or a job or task to be done.[26]
5.RESEARCH METHODOLOGY
- A questionnaire/schedule was designed based on the requirement of the study to survey the prevalence of child labour in Automobile Industry in Puducherry. A field study was conducted using survey methodology and sample techniques used were random sampling method.
- Samples were selected randomly by inspecting the automobile workshops which were open during the time of survey and second attempt was also made to survey those automobile workshops which were closed during the previous visit.
6.REVIEW OF LITERATURE
6.1 Child labour and its determinant in India by Krishna Surya Das highlights :
- Poverty and child labour have a positive relationship in India.
- Agriculture employs more than half of all child labourers in India.
- The average age at which children begin working is 16 years, with and average of 6 to 8 years of education.
- Children from economically disadvantaged families and the Muslim community are more likely to engage in child labour.
6.2 The asymmetric role of crime in women’s and men’s labour force participation: Evidence from India by Ankita Mishra,eta. Highlights :
- Poverty and child labour have a positive relationship in India.
- Agriculture employs more than half of all child labourers in India.The average age at which children begin working is 16 years, with and average of 6 to 8 years of education.
- Children from economically disadvantaged families and the Muslim community are more likely to engage in child labour.
7.METHOD
The interview with each and every shop was very delightful for the boys since they were heard by someone for the first time in their life. Most of the children nearly accounting for 65% stated they were working only during evenings and were attending school as well and that they were doing the same just to have some technical knowledge and to give some financial support to their family. Out of the remaining 35 per cent, 20% of the children stated that they were forced by economic compulsions to work. The said children when came out with their reply as to whether they were not interested to study in school, that the money they earned for the family just helps them sustain their lives with some educational opportunities provided to younger siblings. From their narration, it was felt that they were more responsible than other children of their age who remain in schools. A high sense of responsibility was found in their narration. They elaborately described the background of their families, which were suffering from either single parentage, addiction of the father to alcoholism, indebtedness, etc., Out of the remaining 15%, 10% of them stated that they wanted to learn certain technical skills which would help them to obtain some job in future. Remaining 5% stated that they had no hope in education since in their opinion all those educated are not finding jobs. They said moreover they did not have any interest in school going and learning process which is cumbersome. They said that they were paid rupees hundred a day and that would help their families sustain as of now until they establish their own workshops on learning the skill.
8.SUGGESTIONS
The problem of child labour in our Country is so high that solutions have to be drawn simultaneously from following several angles, such as:
- Training Of Women To Enhance Family Income
- Promoting Education
- Providing Education – As An Alternative To Child Employment – A Way Out
- Commencing Of Night Schools
- Improving School Environment
- Improving Quality Of Education
- Curricula Should Be Life Oriented
- More Number Of Technical Training Institutions Be Commenced
- Awareness Of Harms Of Child Labour Right From Earlier Classes In Schools
- Awareness Among Industrial And Factory Workers And In Trade Unions
- Drop Box For Each Commune/Village/Area
- Starting Of Mobile Schools
- Awareness to Children Regarding Their Rightsation
9.CONCLUSION
- Child labour is basically violation of child rights. By affecting the rights of the child, it affects the destiny of the nation as a whole, for children are assets of every nation. Thus the future wellbeing of a nation depends on how its children grow and develop as the great poet Milton admirably put it when he said:
“Child shows the man as morning shows the day”.
- It may not be out of place to state that several international instruments have played a pivotal role in initiating the concept of child rights and developing it. The history of child rights, brings to light the fact that children in olden days were treated as chattel by parents. It is only with the gradual coming up of the international instruments, children found some place as human beings and for the first time realized that they too have rights equal to that of adults. The only problem with children is that though their rights are recognized today, their rights are not prioritized. This situation occurs due to the fact that adults who are powerful to claim their rights are themselves not getting their rights fulfilled on account of shortage of resources. One can imagine the extent of children getting their rights fulfilled when they do not know their rights and cannot raise their voices. It is in this view of the matter that the Supreme Court as early as in 1984 rightly held in Gramaphone Co. v. Virendra Bahadur Pandey that Parliament is empowered to make legislation for giving effect to international agreements by Article 253 of the Constitution of India. It is worth mentioning that though there were legislation even before this, it gave rise to several legislation only thereafter. Given the problem of child labour, though it is well known that legislation alone cannot solve the issue, legislation are important in at least providing solutions to the problem and curbing the problem to some extent. The extent of controlling a problem effectively not only depends on the existence of a legislation, but also on its extent of implementation and enforcement. However effective the legislation may be, if enforcement is weak, the legislation as such is futile.
- But even beyond all these, there are lacunae in the existing legislation because of which the very purpose of combating the evil is defeated. For study of any problem in detail, the legislation regarding the said issue, loopholes in the legislation, its implementation, extent of its working and success will all have to be analysed. The legislation governing the said issue is the Child Labour (Prohibition and Regulation) Act, 1986. [27]
CITATIONS
[1] Sunil Deshta & Kiran Deshta,Law and Menace of Child Labour,page 1,Amnol Publications Pvt.Ltd.,First edition 2000.
[2] R.Swaroop,CHILD LABOUR Welcome Measures,Half-Hearted Actions pages 5-7,(ALD Publications,Hyderabad,2008).
[3] P.L.Mehta andS.S.Jaswal,Child Labour and the law myth and Reality of Child Labour Welfare 2(Deep & Deep publications,New Delhi,1996)quoted from Suba rao,Social Justice And Law,(1974),p.110.
[4] Devi.K,Roy.G.”Study of Child Labour Asmong school children in urban and rural areas of Puducherry”available at http://www.ijcm.org.in/text.asp?2008/33/2/116/40881 (last visited on 20.9.2009)
[5] Niveditha t Roy G,”A study of child labour among school children and related factors in Pondicherry available at Indian J.Commun Med 2005:1::14-5(last visited on 28.9.2016)
[6] Usha P Ooman, “An Empirical study on Child Labour in Automobile Workshops in Kalyan and Ulhasnagar,Thane District,Maharastra” available at EPISTEME On line Journal Vol.1 No.3(Sep 2012) ISSN No.2278-8794
[7] Nitinkumar N. Varade, “A Study of child labour in Automobile repairing workshops in Kalwa and Kharegaon,Thane District,Maharastra” available at www.iosrjournals.org(last visited on 4.6.2016)
[8] Dr.K.Hymavathi,”Working Conditions and Health Status of Child Labour in Automobile Workshops” available at International Journal of Human Development and Mnagement Sciences Vol.1 No.1-2 (Jan-Dec,2012) ISSN:2250-8714 (last visited on 4.6.2016)
[9] Act 2 of 1933 as amended by Act 3 of 1951 and A.O.1950 s2
[10] The Factories Act (Act 63 of 1948) s2( c )
11Minimum Wages Act, 1948 (Act 11 of 1948) section 2(bb)
[12] The Plantations Labour Act, 1951 (Act 69 of 1951) s 2 ( c )
[13] The Mines Act, 1952 (Act 35 of 1952) as amended by the Mines (Amendment) Act, 1983, w.e.f.31.5.1984 s40
[14] Merchant Shipping Act, 1958 (Act 44 of 1958) s109
[15] The Motor Transport Workers Act, 1961(Act 27 of 1961) s 2 ( c )
[16] The Apprentices Act, 1961 (Act 52 of 1961) s.3
[17] The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (Act 32 of 1966) s 2(c)
[19]18Child Labour (Prohition and Regulation) Act, 1986 (Act 61 of 1986) s 2(ii)
[20]19The Right of Children to Free and Compulsory Education Act, 2009 (Act 35 of 2009) s.2 ( c )
[21]20Nuzhat Parveen, “Child Labour & Exploitation of Child Labour” Legal News & Views 12 (Sep.2000) quoted from United Nations General Assembly Declaration, 20.11.1959
[22] Supra note 2 at 7
[23] Dr. P.K. Padhi (ed.), Child Labour Retrospect & Prospect 170 (The Law, Cuttack, 1998)
[24] Business Dictionary available at www.businessdictionary.com/definition/labor.html (last visited on 20th July 2016
[25] Merriam-Webster Dictionary available at http://www.merriamwebster.com/dictionary/labour (last visited on 20th July 2016)
[26] Merriam-Webster Dictionary available at http://www.merriamwebster.com/dictionary/labour (last visited on 20th July 2016)
[27]https://shodhganga.inflibnet.ac.in
https://www.teamleaseregtech.com
NAME : L.Swetha Jayalakshmi
COLLEGE NAME : Sathyabama School Of Law