Aveneu Park, Starling, Australia

How as 4 years were employed in the factories.

How child
labour affects the human rights of children?

                                                                             
TC- 10

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Abstract

This
research paper aims at describing and try to figure out the problems and
methods related  to elimination of child
labour.And what affects  child labour has
on the health of the children all around the world. Child labour is a
prohibited act by the law and its practise is backed by sanction. All the
countries has formulated in their constitutions 
as an prohibited act. In this research paper we have tried  to 
find the cause and reasons of child labour and what consequences it has
on the health of children. Child  labour
is a threat to the child’s human rights.child labour has been prohibited  by the international laws as well . many
conventions and agencies have been formed to tackle child labour voilations ( such
as convention of rights of child and international labour organisations) . All
the children across the world deserve a health and dignity life  and it is the responsibility of the
government of all the countries but put in force a strict mechanism to remove
the harassment of children and preserve their childhood and make  initiatives to help  them from not being a child labour and lead a
better future.

 

Introduction

Child labour refers to the employment of children in
any work that deprives children of their childhood, interferes with their
ability to attend regular school, and that is mentally, physically, socially or
morally dangerous and harmful. This practice is considered exploitative by
many international organisations. Legislation across the world prohibit child
labour.in developing countries, with high poverty and poor schooling
opportunities, child labour is still prevalent. Worldwide agriculture is the
largest employer of child labour.  Children are predominantly employed by
their parents, rather than factories. Poverty and lack of schools are
considered as the primary cause of child labour.

History of child labour

The history of child labour is divided into
periods:

1.   
Child labour in pre-industrial society

In
pre-independence society child labour was an important part in the economy. childern
actively participates in labouring activities. They worked as child labour because
for their survival and needs. Most of the skills in pre independence society
needed no experience so children learned the work and participate in them.

2.   
Industrial revolution

 

As
industrial revolution began. It increased the demand for labours and this also
included child labours. Later conditions became more notorious which lead to
more increase in child labour. Children as young as 4 years were employed in
the factories. During industrial revolution children very the most important
part and due to their families poor background they were forced to contribute
to their families.

 

3.   
Early 20th century

 

This
year marked that children were employed in very intensive heat bearing
factories. Which was a risky job and also threat to the life’s of children.
They were forced to work all day and all night. Mostly teenager boys were
preferred in these factories.

4.   
21st  century

           As the modern period arrived still
there was a sharp percentage of child labours and in                             this they are more
exploited even having there human rights as child labour is prohibited.

       Causes
of child labour

1.      cultural
causes

This
was the primary cause of child labour as during the early period it was
considered that work for child is very good for him as it was essential for building
his character and personality .also in early time the education of girl child
was considered not good so they were deprived of their schooling. So they were
usually pushed into child labour such as domestic  help.

2.      primary
cause

in
this period children entered into labour 
profession because of poverty as for very poor families were the child
income mattered a lot for survival was very necessary as the family had no choice
nor they had education even lit bit knowledge and they used to think that if
there child will earn they can afford 
their  livelihood .

Research
method

The
research methodology of our research paper is doctrinal research as we are
refering to already existing facts and legal provisions and history of child
labour and its increasing scenario. We are locating the emergence of child
labour and it growth in different societies and trying to locate and solve the
problem with already referring facts and provisions.

Objective
of our study

The
aim of our study is that to locate and find solutions and get familiar with
facts and reasons that why this child labour is   so prevenient in the human society. Why
small young children are exploited and forced to work in the conditions where
there future enters into darkness. Why the government of countries is not
taking any stagnant steps to stop such kind of assault on children .children
are the future of the world.

Hypothesis

Does
increase in poverty leads to increase in child labour?

Body
of text

Child  rights 
have  been  described 
in  as a prohibited  act which is 
backed  by sanctions. Both
international and national law, conventions describe child rights such as:-

1.      It
provides for minimum rate of wages by state government1.

2.      This
act prohibits child labour in factories2.

3.      This
act deals with children working in mines3

4.      This
acts objective is to prohibit engagement of children4.

5.      This
act gives impotence to development of children.5

 

International
labour organisation (ILO)  describes  the term “child labour” is often defined as
work that deprives children of their childhood, their potential and their
dignity, and that is harmful to physical and mental development.

 

It refers to work
that:

·        
is mentally, physically, socially or
morally dangerous and harmful to children; and

interferes with their schooling by:
depriving them of the opportunity to attend
school;
obliging them to leave school prematurely; or
Requiring them to attempt to combine school
attendance with excessively long and heavy work.

The United Nations Children’s Fund (UNICEF) is a United
Nations program which works for the children all over the world. This program
works in collaboration with international labour organisation and World Bank to
eliminate child labour from the society and protect the rights of the all the
children.

The reasons suggests by unichef about the cause of child
labour are:-

Poverty and a lack of
livelihood options lead to a child’s “need” to contribute to the family income,

Due to conflicts, droughts and other natural disasters, and family
indebtedness,

Rural poverty and urban migration also often exposes children to being
trafficked for work.

 

Child labour is a serious problem which needs to be encountered. Child
has been granted some basic human rights since his birth. Child labour not only
deprive a child of his freedom but also violates their

Right to life

Right to education

Right to speak

Under Article 32 (Child labour): The government should
protect children from work that is dangerous or might harm their health or
their education. While the Convention protects children from harmful and
exploitative work, there is nothing in it that prohibits parents from expecting
their children to help out at home in ways that are safe and appropriate to
their age. If children help out in a family farm or business, the tasks they do
be safe and suited to their level of development and comply with national
labour laws. Children’s work should not jeopardize any of their other rights,
including the right to education, or the right to relaxation and play.6

Magnitude
of child labour is very high in india.

The articles
which protect the rights of the children are included in the Part Third, Part
IV and Part IV A of the Constitution of India. Fundamental Rights are included in
the Part III of the Constitution of India, Part IV consists of Directive
Principles of State Policy and Part IV A consists of Fundamental Duties. A list
of major constitutional provisions mentioned in the fundamental rights is as
follows:

 

Article 14: The
State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India.

 

Article15 (1)
The State shall not discriminate against any citizen on grounds only of
religion, race, caste, sex, place of birth or any of them.

 

(3) Nothing in
this article shall prevent the State from making any special provision for
women and children.

 

Article 21 A…
shall provide free and compulsory education to all children of the age of six
to fourteen years.

 

Article 23(1)
Traffic in human beings and beggar and other similar forms of forced labor are
prohibited and any contravention of this provision shall be an offence
punishable in accordance with law.

 

Article 24: No
child below the age of fourteen years shall be employed to work in any factory
or mine or engaged in any other hazardous employment.

 

Besides the
above mentioned provisions mentioned in the fundamental rights there are other
provisions in the Indian constitution related to protection of human rights
which are included in the Directive Principles of State Policy.

 

These are as
follows:

Article 39. The
State shall, in particular, direct its policy towards securing—

(e) that the
health and strength of workers, men and women, and the tender age of children
are not abused and that citizens are not forced by economic necessity to enter
a vocation unsuited to their age or strength;

 

Article 39 (f)
that children are given opportunities and facilities to develop in a healthy
manner and in conditions of freedom and dignity and that childhood and youth
are protected against exploitation and against moral and material abandonment.

 

Article 41- Right
to work, to education and to public assistance in certain cases. The
State shall, within the limits of its economic capacity and development, make
effective provision for securing the right to work, to education and to public
assistance in cases of unemployment, old age, sickness and disablement, and in
other cases of undeserved want. Article 45. The State
shall endeavor to provide, within a period of ten years from the commencement
of this Constitution, for free and compulsory education for all children until
they complete the age of fourteen years.

 

The Fundamental
Duties mentioned in Part 4-A of Indian Constitution also deals with the
protection of child rights. Eleven Fundamental Duties have been mentioned in
this part of the Constitution .Eleventh Fundamental Duty was added in 2002 by
the Constitution (Eighty-sixth Amendment) Act, 2002.According to Article 51A,
it shall be the duty of every citizen of India—(k) who is a parent or guardian
to provide opportunities for education to his child or, as the case may be,
ward between the age of six and fourteen years4.

 

Thus it is
clear that child labour legislation has been made in India since the
pre-independence era and in the post-independence era  and a lot of laws
have been made for tackling this problem a brief description of all the acts
have been made as under.

 

Child Labour Legislation

The legacy of
the British government was also carried forward by the Indian government after
independence and government of India paid attention towards the issue of child
labour prevailing in India. Indian Government endeavored to prohibit the child
labour working in various establishments even including the dhaba’s, though it
was covered under the category of prohibited occupations for children only in
the year of 2006.

 

Thus in the post-independence
era various acts have been passed by government for the prohibition of child
labour.

 

 

 

 

 

 

 

 

Conclusion

The
conclusion of the research paper is children labour is rampant Children should
be given work but they should not be forced to do work. Childrens physical,
mental, social wellbeing should be kept in mind. Children are the future of
one’s country so they should be given right opportunities and right condition
so that they can be better and lead a country in the good path. Children fall
prey to and become prey because they are innocent. But in the case of
developing country like Nepal, India and south Asian countries children do not
have right opportunities so they are compelled to do these type activities. We
only look these issues from the one side prespective of  where we see children as the victim but the
reality is while looking from the employers prespective they do not hire
children for their own benefit .They hire children because they are in the
favour of  children and these help them
sleeping in the streets and being hungry. If the children live in the streets
his life will be ruined and he will become threat. Only the government cannot
solve this problem .All the three organs of government legislative ,executive
,judiciary and the public must work together to remove this problem.

 

           Suggestions

 -the government should bring those programs
which are focused on measures to avoid                          the child labour

-child
labour is due to the lack of education .So efforts should be made to make
educated general public.

-close
connection should be there between police and the general public .So that if
anything bad happens to them they feel free to say to the police.

-bureaucies
of the country should be made strong. The police officers should not be corrupt

-there
should be proper registration system of workers .there should increase
transparency ,allow of proper monitoring of underage workers .

 

 

 

1 The
minimum wages act,1948

2
The factories act,1948

3
The mines act,1952

4
The child labour(protection and prevention)act,1986

5
Universal declaration of human rights,1959

6 https://www.unicef.org/crc/files/Rights_overview.pdf

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