A recent study led by the United Nations Development Programme (UNDP) and The Coca-Cola Company has shed light on the unclear definitions of child labour and forced labour in India, particularly in sugarcane producing states such as Bihar, Karnataka, Maharashtra, Punjab, and Uttar Pradesh.
Key Findings from the Study
The study’s primary findings highlight the authorities’ dismissal of underage child labour as merely “children helping parents in the field”. An existing confusion regarding advance payment to migrant workers has also sparked concerns about potential forced or bonded labour. The focus of most interventions in the sugarcane sector, whether initiated by government authorities or corporate social responsibility (CSR) initiatives, has been to enhance farming techniques for improved cane productivity.
Understanding Child Labour and Forced Labour
Child labour is commonly defined as work that robs children of their childhood, potential, and dignity, leading to detrimental effects on their physical and mental development. On the other hand, forced labour refers to any work or service imposed on a person under the threat of penalty without voluntary consent. This concept of forced labour encompasses slavery, practices similar to slavery, and bonded labour or debt bondage. In the context of bonded labour, employers provide high-interest loans to workers who then have to offset their debt by working at low wages.
Provisions of Child Labour (Prohibition and Regulation) Amendment Act, 2016
According to this Act, it is illegal to employ children below 14 years in commercial enterprises. Furthermore, adolescents cannot be employed in occupations involving hazardous conditions like chemical plants and mines. The Act permits children to work only after school hours or during holidays, and they can only work in family-owned secure sectors.
Criticism of the Act
Critics argue that the Act tolerates child labour in “family or family enterprises” and allows children to be “artists in an audio-visual entertainment industry”. It fails to protect children working in unorganized sectors, including agriculture and household work. The Act also does not define working hours, stating only that children may work after school hours or during vacations.
The Issue of Bonded Labour in India
Bonded labour, as per the Indian Supreme Court’s interpretation, involves the payment of wages less than the market rate and legal minimum wage. The Constitution of India, under Article 23, prohibits forced labour. Historically linked with rural economies, bonded labour has seen peasants from economically disadvantaged communities bound to work for landlords. Today, it is found in both rural and urban areas across various unorganized industries.
Sugarcane Cultivation in India
Sugarcane is a tropical and subtropical crop that thrives in a hot and humid climate, with temperatures between 21°C to 27°C and annual rainfall of 75cm to 100cm. Major sugarcane producing states include Bihar, Karnataka, Maharashtra, Punjab and Uttar Pradesh. Uttar Pradesh is the largest producer of sugarcane, contributing nearly 40% of the country’s output, followed by Maharashtra and Karnataka.
Other Child Labour Laws/Programmes in India
In addition to the Constitution and related Acts, several other policies aim to address child labour in India. These include the National Policy on Child Labour (1987), Juvenile Justice (Care and Protection of Children) Act 2015, National Child Labour Project (NCLP) Scheme 2007, the Right to Education Act, 2009, Mines Act of 1952, and the PENCIL Portal 2017. India has also ratified International Labour Organization (ILO) conventions no 138 and no 182 on minimum employment age and the worst forms of child labour, respectively.
Bonded Labour Related Schemes/Acts
The Bonded Labour System (Abolition) Act 1976, applicable across India, seeks to eradicate bonded labour through vigilance committees that supervise the Act’s implementation. Additionally, the Central Sector Scheme for Rehabilitation of Bonded Labourers (2016) provides financial aid to released bonded labourers to help them sustain their livelihood.
Way Forward
To address child labour, it is crucial to tackle poverty cycles and their implications, enabling families to find alternative means of survival and education for their children. NGOs like Bachpan Bachao Andolan, ChildFund, CARE India, Kailash Satyarthi Children Foundation etc., are actively working to eradicate child labour in India. Authorities need to maintain the right focus and commitment at state levels. A robust and reliable social security package, along with stringent implementation of existing acts, are essential steps towards eliminating forced child labour.