Click here to join telegram group
Child labour refers to the employment of children in work that deprives them of education, health, and overall development, often under exploitative conditions. In India, child labour has been a persistent social problem, deeply intertwined with poverty, caste, and social inequality.
The Indian state has enacted several laws to eliminate child labour, notably:
- The Child Labour (Prohibition and Regulation) Act, 1986
- The Right of Children to Free and Compulsory Education Act, 2009
- Amendments in 2016 prohibiting all employment of children below 14 years in any occupation.
Despite these legal frameworks, child labour remains widespread, especially in the informal sector.
Legal Framework and Its Limitations
- Prohibition of Child Labour
- Laws prohibit employment of children below a certain age in hazardous work.
- Limitations: Enforcement is weak; many children work in family enterprises, domestic work, agriculture, and informal sectors, which escape legal scrutiny.
- Regulation vs. Elimination
- Early laws focused on regulating working conditions rather than eliminating child labour entirely.
- Children continued working in industries like carpet weaving, brick kilns, mining, and street vending, often under disguised forms.
- Right to Education
- Free and compulsory education is a legal right, aiming to remove the economic rationale for child labour.
- Limitations: Poor school infrastructure, high indirect costs, and the need for children to supplement family income hinder effective enforcement.
Socio-Economic and Structural Reasons for Persistence
- Poverty and Inequality
- Families in low-income households often rely on children for subsistence or supplementary income.
- Breman (2013) highlights that rural and migrant labourers use child labour as a survival strategy.
- Caste and Social Hierarchies
- Children from lower caste or marginalized communities are disproportionately engaged in labour.
- Discrimination in education and employment opportunities reinforces the cycle.
- Informal Economy
- Over 90% of India’s workforce is informal; children are employed in unregulated sectors.
- Legal reach is limited, and inspection mechanisms are weak.
- Cultural and Family Norms
- Some communities normalize early participation in family occupations.
- Work is often seen as part of skill acquisition rather than exploitation.
Empirical Evidence
- Census 2011: About 10.1 million children aged 5–14 are working in India, a decline from previous decades but still substantial.
- Sectoral prevalence: Highest in agriculture (70%), manufacturing, domestic work, and construction.
- Regional disparities: States like Uttar Pradesh, Bihar, Rajasthan, and Madhya Pradesh have higher child labour rates due to poverty and lack of schooling.
Sociological Perspective
- A. R. Desai: Child labour persists due to structural inequalities and uneven economic development.
- Jan Breman: Children constitute a “floating, exploitable labour force” in informal economies.
- Andre Béteille: Child labour is linked to social stratification, especially among marginalized communities.
Legal prohibition alone cannot eradicate child labour; it requires social, economic, and cultural interventions.
Conclusion
While India has a robust legal framework to prohibit child labour, in practice, law alone has not abolished it. Structural issues—poverty, social inequality, informal economy, and inadequate education—allow child labour to persist.
Effective elimination requires multi-dimensional strategies: strict law enforcement, universal education, poverty alleviation, skill development, and social awareness campaigns. Only then can law translate into real protection and empowerment for children.