9th May 2025 (11 Topics)
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With child labour, law is not the problem — enforcement is
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Context
On May Day 2025, a thought-provoking advertisement by Ogilvy India reignited focus on child labour in India, drawing attention to the 7.8 million working children despite 35.6 million unemployed adults. Derek O’Brien’s article evaluates the gap between legal provisions and enforcement in addressing child labour, underscoring institutional apathy and socio-economic neglect.
THE GRIM REALITY OF CHILD LABOUR IN INDIA
- Data from UNICEF and PLFS (2018–19): Child labour in India ranges from 18 lakh (national definition) to 33 lakh (international definition). Nearly 50% of working children are engaged in family-based work, with the agricultural sector employing the most.
- Hazardous and exploitative sectors: Children work in unsafe industries like fireworks, glass, leather, brick kilns, and coal mines, often facing physical abuse, verbal threats, low wages, and lack of healthcare even in case of injury.
- Intersection with caste, poverty, and health: Children from disadvantaged castes or minority groups are more likely to be engaged in hazardous labour. Toxic exposure, poor hygiene, and infectious diseases are common, especially among undernourished and wasted children (India houses 50% of global wasted children).
LEGAL FRAMEWORK VS POOR IMPLEMENTATION
- Constitutional and legal safeguards: Article 24 of the Constitution prohibits employment of children under 14 in hazardous sectors. The Child Labour (Prohibition and Regulation) Amendment Act, 2016 further strengthened this framework.
- Weak enforcement and under-reporting: Despite the law, only 613 cases were registered under the Child Labour Act in 2021. A lack of gender-wise, urban-rural disaggregated data limits accurate policy response. The 2021 Census is still pending, compounding the data deficit.
- Ground-level violations continue unchecked: A 2023 rescue in Madhya Pradesh revealed 58 children, including 20 girls, working in a distillery, with 11-hour shifts, chemical burns, and no proper wages — highlighting systemic failure in enforcement mechanisms.
CHILD LABOUR, POVERTY, AND POLICY PARALYSIS
- Poverty both cause and consequence: As per ILO, poverty compels families to send children to work. In turn, child labour perpetuates generational poverty by disrupting access to education and nutrition.
- Government’s rhetorical commitment: In 2012, India claimed at the UN General Assembly that child labour eradication was a priority, combining strict enforcement with social upliftment — but little measurable progress has been seen since then.
- Need for a multi-pronged strategy: Tackling child labour demands a socio-economic approach: stronger implementation of laws, better access to schooling, nutrition, and livelihood support for families, especially in rural and backward areas.
Practice Question
Q. Despite strong constitutional and legal safeguards, child labour persists in India due to systemic implementation failures. Critically examine with reference to recent data, sectoral analysis, and socio-economic factors. Suggest a comprehensive strategy to eradicate child labour.More Articles
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