Abstract child hinders proper preparation for adults.

Abstract

The research paper tell about abuse of child labour
due to lack of education. According to international labour organization(ILO)
standards  as quoted by Brew and Ekuban
1991 child labour is the engagement of children under fifteen years in income
generating activities other than the usual light domestic and agriculture work
within the household of their parents, where the work performed by the child is
considered excessive, exploitative , abusive, hazardous, harmful and
detrimental to the development of the child hinders proper preparation for
adults. Education and child labour come are related to each other as education
is very important for the child to grow up. This research paper only limit in
India information .As well as the paper contain the laws both the national and
international laws. This research paper also contain cases of only India as a
example for the paper. This research topic is very important because child is
very potential and many child have been used as a child labour and due to which
many child have been abuse .The objective of this research is to find where
there is abuse of child labour or not .So this paper is only limited on the
reference of india.

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Content

Chapter -1

Introduction

– Brief Introduction

– Background

– Research Methodology

– Objective of study

– Hypothesis

-Limitation of study

Chapter-2 

Body part      

Laws related to child labour

Chapter-3

Analysis and Finding

Conclusion

Suggestion

Bibliography

 

 

 

Chapter
-1

Introduction

Brief
Introduction

According
to convention of right of child  says
children are defined as all those who are below the age of 18 years.1

According
to child labour (prohibition and regulation )act 1986 says that an act to
prohibit the engagement in certain other employments and to regulate the
condition of work of children in certain 
other employments.2

According
to united declaration of human rights talks about the recognition of the
inherent dignity and of the equal and inalienable rights of all members of the
human family foundation of freedom, justice and peace in the world.3

Background

Human
rights are the basic rights of human being and also the human rights are
inherent right of the human being which all human being gets from their birth .
Human right of a human being has also guaranteed by different laws, acts and
many more convention. As human right is inherent right of human being so child
right is one part of human rights as they are also human. But as child need
special protection therefore children rights is developed. Now talking about
the history of child labour then the child labour was started then we can
consider it from the industrial revolution where children have worked for long
hours in dangerous factors for little money.

           Many countries define the child labour in
different perspective. It is very necessary to see the difference between the
three categories , child labour, working child and street children. Child
labour means  There are many problems
which relate abuse of child labour due to lack of education . As education is
very essential component for people and also the education is the basic right
for all child . According to the global fund 120 to 125million of children are
not enrolled in school and they did not get the education.4 The
act or process of impacting or acquiring knowledge ,developing the powers of
reasoning and judgement. Educationis the process of facilitating learning, or
the acquisition of knowledge ,skills ,values beliefs and habits .Education is a
crucial component of any effective effort to eliminate child labour. All
children everywhere in the world do some form of work. The type of work they do
vary from society to society.

            According to international labour
organization(ILO) standards  as quoted by
Brew and Ekuban 1991 child labour is the engagement of children under fifteen
years in income generating activities other than the usual light domestic and
agriculture work within the household of their parents, where the work
performed by the child is considered excessive, exploitative , abusive,
hazardous, harmful and detrimental to the development of the child hinders proper
preparation for adults.

Historically,
“child labor” is defined as work that deprives children of their childhood,
their potential and their dignity, and that is harmful to physical and mental
development. However, not all work done by children should be classified as
child labor. What is to be prevented is child labor in its most extreme form:
Children being enslaved, separated from their families, exposed to serious
hazards and illnesses and/or left to fend for themselves. Forms of extreme
child labor existed throughout American history until the 1930s. In particular,
child labor was rife during the American Industrial Revolution (1820-1870).
Industrialization attracted workers and their families from farms and rural
areas into urban areas and factory work. 
In factories and mines, children were often preferred as employees,
because owners viewed them as more manageable, cheaper, and less likely to
strike. 5

Slowly
and gradually child labour get increase along with the time and situations and
for the elimination of child labour education is the most vital factor which
can play the most important role to eliminate the child labor since education
is the process of enhancing the capacity of reasoning and judgment.

Research
Methodology

In
this paper we have used both the primary data and as well as secondary data
.Where in primary data we have used the interview method and in secondary
method we have used the source of internet to collect the information.

Objective
of the study

The
objective of our study is;

1)      To
find that weather lack of education lead to abuse of child labour or not .

2)      To
find out the legal provision related to child labour.

3)      To
find out the some decision given by the courts.

 

Hypothesis

 The hypothesis is Increase in education level
leads to decrease in child’s rights.

Limitation
of research

Our
research paper is limited on the basis of the interview of 11 people and some
of the data and information is taken from the source of internet . There is no
any information taken from the books because of lack of resources related to
books .

Chapter-2

Body
part

Child labour is one of the serious problem
in todays world .as child are also being abuse in the name of child labour. As
we can see of india also many children are not getting education and which lead
to abuse of child as they are unknown about their right. UNICEF has estimated
28 million children aged five to fourteen years involved in work. During the industrial
revolution child labour has increased due to shift of labour movement to
colonial counties.the incidence of working children in india are engaged in
hazardous occupations such as factories, manufacturing diamonds, fireworks,
silk and carpets , glass and bricks. There are several factors that force
children to work .6

Also
on regarding going to schools , a large number of children between ten to
fourteen years of age  ten to fourteen
years of age are not even enrolled in school because of household economic
condition. Attendance in school differs in boys and girls while boys are more
likely to provide financial income for the family and the girls can be more
involved in household chores . this usually happens due to inadequacy of the
educational system .7

  So it is very imporatant to get the child
educated and also child is future ,for future and rather to make a child work
we can give a better education so for child betterment and also to reduce the
child labour.

 

Laws
related to child labour in India

LEGISLATION
IN INDIA WHICH PROHIBIT CHILD LABOUR8

 -No child who
has not completed the age of 14 shall or be required or allowed to work in any
factory . (section 67 of factories act 1948)

-Plantation labour act; it states that no child under
12 years of age can work in any factor.( section 24 of plantation labour act
1951 )

-Merchant shipping : it states that no person under
fifteen years of age shall be engaged or carried to sea to work in any capacity
in any ship with certain exceptions .

-Mines factory : it states that no child shall be
present in any sector of a factory .( section 45 of mines act 1961 )

-Beedi and cigar workers : it states that no child
shall be allowed or required to work in any industrial premises . (section 24
of beedi and cigar workers {conditions of employment act , 1966 } )

-The minimum wage act 1948 : it says that some amount
of minimum wage should be fixed for every working class irrespective of any
kind of discrimination .

-The children act 1960 : it is an important
legislation which prohibits the employment of children for begging and
exploitation of child employees .

Article
23 : PROHIBITION OF TRAFFIC IN HUMAN BEINGS AND FORCED LABOUR

It
states that every human being is equal before law irrespective of their caste,
race, religion, class , etc and everyone shall be punished under this article
for the trafficking of human beings and beggars and other similar forms of
forced labour.

 Article 24 : PROHIBITION OF EMPLOYMENT OF
CHILDREN IN FACTORIES , ETC

It
states that no child under the age of 14 years shall be engaged in any
factories or any other hazardous employment.

Article
39 : CERTAIN PRINCIPLES OF POLICY TO BE FOLLOWE BY THE STATE ;

The
state shall direct its policies towards securing –

a)      That
strengths and health of any one is not abused and citizens should not be forced
by economic necessity to enter avocations unsuited to their age or strengths

b)      That
if children are given opportunities and facilities to develop themselves
positively and their dignities are maintained and not exploited against moral
and material abandonment.

Article
21 –A : RIGHT TO EDUCATION

It
states that the state shall provide free and compulsory education to all
children between the age of six to fourteen years irrespective of any
difference or discrimination.

 

Examples
of the cases

Some examples of the
cases related to child labour are as follow;

1)M.C.MEHTA VS STATE
OF TAMIL NADU9

Under article 21
supreme court held that right to receive education by child worker until they
completed 14 years of age is an integral part of right to life and personal
liberty .

2)SALAL HYDRO PROJECT
VS STATE OF J 10

In this case it was
found that child labour is a difficult economic problem and can not be solved
barely by legislation also as long as the poverty continues the problem of
child labour eradication is not an easy task.

 

Chapter
-3

Analysis
and findings

  As our research paper is based on the primary
and secondary data both so from primary data we have done interview to the 11
peoples individually .So from there two interviewer reject that abuse of child
labour is due to lack of education .But they say there are many other problems
which lead to abuse of child labour i.e .povery , lack of awareness and many
more. And the remaining interviewer said that they believe that the abuse of
child labour due to lack of child labour. And also give the example they have
saw i.e. a child wasworking in the company where the child was abuse and also
given torture by owner so after the child was rescue and relief from there.

                   They all give different view
and said that as child whose parents working in company usually as a  generation wise child also started to work
with their parents. As child whose parents are not studies they also do not
force their child to study and also said to work .many children in India are
child labour in various organization .

          The data
which shows the child labour in india in 2017 different part of the india has
practiced child as it is shown by the report o the data below.11

 

 

So
by looking to this data also we can consider that many child has not been going
to school as they have been working as a labour in different organization.As
education is most important in child development . Many of the child is working
without having a knowledge which lead to abuse of children as the child are
unable to difference between the rights of them . In todays world it is very
important to being a child education as education is the basis of life.

 

 

Conclusion

So
from this research paper it is conclude that in India the child labour is
practiced so it is also proved that many children have not got the chance to
get education so many of the child are involved in child labour where the child
are being abused .So as government is also taking the action against it,many
laws are established and also old laws are being amended so to formulate the
laws according to the need so society . As child are the most precious person
so to make the nation better in future so child education is most important and
child labour should be stop and should send child to school so there could not
be any abuse of child.

Suggestion

As
child is the rising future of every nation so they should be provided with all
the rights they deserve and most importantly they should be given proper
education for their bright future  so as
to become a good human being and have self respect and also so that the country
can become strong in every scene as youth is the strength of a nation and also
so that the abuse of child labour stop.

 

Bibliography


www.globalhealthrights.org/asi/m-c-mehta-v-state-of-tamil-nadu-and-ors/

-www.lawyerservices.in/labourers-working-on-salal-hydro-project-versus-state-of-jammu-and-kasmir-and-others-1983-03-02

-https://www.scholastic.com/teachers/articles/teaching-content/history-child-labor/

-https://www.google.co.in/search?q=history+of+child+labour=history+of+child+labour=chrome..69i57.23663j0j1=chrome=UTF-8

 

1 Convention on rights of
child ,available at :

http://www.ohchr.org/Documents/ProfessionalInterest/crc.pdf

2 The
child labour (prohibition and regulation) act,1986, available at:

https://pencil.gov.in/child%20labour%20compressed.pdf

3
Universal declaration of human rights , available at:

http://www.un.org/en/udhrbook/pdf/udhr_booklet_en_web.pdf

4 https://foreignpolicyblogs.coILO) m/2007/06/24/194/

5 https://www.scholastic.com/teachers/articles/teaching-content/history-child-labor/

6 www.legalservicesindia.com/article/article/changes-in-child-labour-and-related-laws-1848-1.html

7 ibid

8ibid

 

9 www.globalhealthrights.org/asi/m-c-mehta-v-state-of-tamil-nadu-and-ors/

10 www.lawyerservices.in/labourers-working-on-salal-hydro-project-versus-state-of-jammu-and-kasmir-and-others-1983-03-02

11 http://www.moneycontrol.com/news/india/world-day-against-child-labour-2017-key-statistics-2302279.html