“Swalpa adjust maadi”- That’s something we Bangaloreans hear almost every single day. But the future of our country’s children is one thing we can’t compromise on. And we feel the government’s latest amendment to the Child Labour (Prohibition and Regulation) Act, 1986, is doing exactly that.

While the government aims to impose stricter bans on child labor, with an increase in penalties and punishments, many activists question the possible repercussions of the amendment:

If passed, the new Act will allow children under the age of 14 to work in family enterprises, as well as the entertainment industry (except circus). This would allow children to work in industries like brick kilns, slaughterhouses, agriculture and domestic labor, all in the name of ‘family’ - usually being employed by a distant relative.

- usually being employed by a distant relative. Adolescents between the age of 14 and 18 would be permitted to work in all industries, barring just three- mines, flammable substances, and hazardous processes, down from 83. Furthermore, there is no provision to ensure that they have completed their elementary education before being hired.

Furthermore, there is no provision to ensure that they have completed their elementary education before being hired. District Magistrates are to monitor the situation of child labor. However, they are overburdened, with about 23% of positions in Subordinate Courts unoccupied. As a result, legal action seems to be lacking.

"…striking a balance between the need for education for a child and the reality of the socioeconomic condition and social fabric in the country…” But the Government’s statement is based on an obsolete belief that child labor is only due to poverty. Critics point out that children are often used instead of adults due to lower wages and easy exploitation. Thus, it may lead to a reduction in available employment for adults.

Thus, it may lead to a reduction in available employment for adults. Children employed may face harsh working conditions, like long hours, heavy lifting, physical, sexual and mental abuse, and other forms of exploitation. Such exposure to harmful environments may take a severe toll on their health

Such exposure to harmful environments may take a severe toll on their health The Bill has no mention of bonded child labor, which continues to be a pressing issue. It is not safe to assume that children are given a choice to work. They may be sold to help pay off debt, and then face abuse and exploitation.

Children, especially the marginalized, may be forced to work at home or in the fields, thus denying them education. It will lead to an increase in dropouts of girls and the oppressed, who would be expected to take up household work. This only helps to reinforce the stereotype of denying education to the girl child, particularly from poorer sections.



Here are a few suggestions to help tackle such issues:

The government must introduce a provision to ensure that children are working only in non-hazardous industries, and not during school hours.

The Bill must include a clear definition of family enterprise, to restrict employment to only parents. Loopholes in this definition have led to ‘distant relatives’ exploiting children.

Pressure to work has resulted in an increase in dropout in higher classes. The Government must ensure students have adequate time to pursue studies.

As mentioned before, District Courts are overburdened. Separate Vigilance Committees must be set up with the help of local MPs and NGOs to ensure monitoring of child labor.

A mechanism must be set up to track the rehabilitation of child laborers effectively, to ensure their integration into society.

The Government must connect with NGOs in rural and urban areas to help identify child laborers, and work towards their rehabilitation.

Quick fixes cannot solve the underlying problem. The Government must reform various acts, such as: RTE Act; the Bonded Labour System (Abolition) Act, 1976; the Factories Act, 1948, etc. to help align ideas and policies, and plug loopholes.

While more well off kids like us have life handed to us on a silver platter, that isn’t the case for most of the Indian kids today. We are able to do our part because of our education and opportunities, and that’s why we feel every child is entitled to them as well. Power cuts and potholed roads, yeh Bharat me chalta hai. But when it comes to our children’s freedom, there’s no room for compromise.

Maanya Monnanda & Manas Minnoor

Illustrations: Soumya Pochiraju