Social issues relating to labour

Child Labour

With increased economic insecurity, lack of social protection and reduced

household income, the Covid-19 pandemic is pushing the children from poor
households to contribute to the family income with the risk of exposure to
exploitative work.

Subsequent lockdowns have worsened the situation, posing a real risk of

backtracking the gains made in eliminating child labour.

The true extent of the impact of the Covid-19 pandemic on child labour is yet
to be measured but all indications show that it would be significant as children
are unable to attend school and parents are unable to find work.
However, not all the factors that contribute to child labour were created by the
pandemic; most of them were pre-existing and have been exposed or
amplified by it. Though the pandemic has amplified its contributing factors,
policy and programmatic interventions can save children.

Status of Child Labour in India

▪ Child labour refers to the employment of children in any work that deprives
them of their childhood, interferes with their ability to attend regular
school, and that is mentally, physically, socially or morally dangerous and
harmful.
 ▪ The Census of India 2011 reports 10.1 million working children in the age
group of 5-14 years, out of whom 8.1 million are in rural areas mainly
engaged as cultivators (26%) and agricultural labourers (32.9%).

▪ The side-effects of working at a young age are:

o Risks of contracting occupational diseases like skin diseases, diseases of

the lungs, weak eyesight, TB etc.;

o Vulnerability to sexual exploitation at the workplace;

o Deprived of education.

o They grow up unable to avail development opportunities and end up as

unskilled workers for the rest of their lives.

Child Labour: Constitutional And Legal Provsions

▪ According to Article 23 of the Indian Constitution any type of forced
labour is prohibited.

▪ Article 24 states that a child under 14 years cannot be employed to

perform any hazardous work.

▪ Article 39 states that “the health and strength of workers, men and
women, and the tender age of children are not abused”.

▪ In the same manner, Child Labour Act (Prohibition and Regulation)

1986 prohibits children under the age of 14 years to be working in
hazardous industries and processes.

▪ Policy interventions such as MGNREGA 2005, the Right to Education Act

2009 and the Mid Day Meal Scheme have paved the way for children to
 be in schools along with guaranteed wage employment (unskilled) for
rural families.

▪ Further, with the ratification International Labour Organization

Conventions Nos. 138 and 182 in 2017, the Indian government have
demonstrated its commitment to the elimination of child labour
including those engaged in hazardous occupations.

Associated Issues With the Child Labour

▪ Cause & Effect Relationship: Child labour and exploitation are the result of
many factors, including poverty, social norms condoning them, lack of
decent work opportunities for adults and adolescents, migration and
emergencies.
 o These factors are not only the cause but also a consequence of social
inequities reinforced by discrimination.

▪ Threat to National Eonomy: The continuing persistence of child labour and

exploitation poses a threat to national economies and has severe negative
short and long-term consequences for children such as denial of education
and undermining physical and mental health.

▪ Child Labour in Informal Sector: Though child labour is banned the law,
across India child labourers can be found in a variety of informal industries
like in brick kilns, carpet weaving, garment making, agriculture, fisheries,
etc.
▪ Disguised Child Labour: Despite rates of child labour declining over the last
few years, children are still being used in disguised form of child labour like
domestic help.

o Work performed may not appear to be immediately dangerous, but it

may produce long-term and devastating consequences for their
education, their skills acquisition.

o Hence their future possibilities to overcome the vicious circle of

poverty, incomplete education and poor quality jobs.

▪ Linkage With Child Trafficking: Child trafficking is also linked to child labour
and it always results in child abuse.
 o Trafficked children are subjected to prostitution, forced into marriage
or illegally adopted; they provide cheap or unpaid labour, are forced to
work as house servants or beggars and may be recruited into armed
groups.

Way Forward

▪ Role of Panchayat: As nearly 80% of child labour in India emanates from

rural areas, the Panchayat can play a dominant role in mitigating child
labour. In this context, panchayat should:

o Generate awareness about the ill-effects of child labour,

o Encourage parents to send their children to school,

o Create an environment where children stop working and get enrolled in
schools instead,

o Ensure that children have sufficient facilities available in schools,

o Inform industry owners about the laws prohibiting child labour and the
penalties for violating these laws,

o Activate Balwadis and Aanganwadis in the village so that working

mothers do not leave the responsibility of younger children on their
older siblings.

o Motivate Village Education Committees (VECs) to improve the

conditions of schools.
 ▪ Integrated Approach: Child labour and other forms of exploitation are
preventable through integrated approaches that strengthen child
protection systems as well as simultaneously addressing poverty and
inequity, improve access to and quality of education and mobilize public
support for respecting children’s rights.

▪ Treating Children as Active Stakeholder: Children have the power to play a

significant role in preventing and responding to child labour.

o They are key actors in child protection and can give valuable insights
into how they perceive their involvement and what they expect from
the government and other stakeholders.

Conclusion
Children belong in schools not workplaces. Child labour deprives children of
their right to go to school and reinforces intergenerational cycles of poverty.
Child labour acts as a major barrier to education, affecting both attendance
and performance in school.

Bonded Labour in India

Recently, fifteen bonded labourers were rescued by the district administration

of Guna in Madhya Pradesh. These labourers were being subjected to inhuman
treatment and torture by their employer.

Key Points

▪ Bonded Labour:
o It is a practice in which employers give high-interest loans to workers
who work at low wages to pay off the debt.

o The Supreme Court of India has interpreted bonded labour as

the payment of wages that are below the prevailing market
wages and legal minimum wages.

o Bonded labour was historically associated with rural economies where

peasants from economically disadvantaged communities were bound
to work for the landlords.

o Bonded labour is found to exist in both rural and urban pockets in

unorganized industries such as brick kilns, stone quarries, coal mining,
agricultural labour, domestic servitude, circus, and sexual slavery.
▪ International Obligations:

o India is obliged to end modern slavery by 2030 under the Sustainable

Development Goal (Target 8.7) of ending forced labour, human
trafficking and child labour.

o India has also ratified the ILO Abolition of Forced Labour Convention,
1957 (No. 105).

o India also aspires to improve its rank (53rd out of 167 countries in the
year 2018) in the Global Slavery Index.

▪ Constitutional Provisions:

o Article 21 deals with the Right to Life and Personal Liberty.

o Article 23 of the Constitution prohibits forced labour.

 o Article 24 prohibits the employment of children (below the age of
fourteen years) in factories, etc.

o Article 39 directs the State to secure the health and strength of

workers, men and women, and to see the tender age of children are
not abused and that citizens are not forced by economic necessity to
enter avocations unsuited to their age or strength.

▪ Related Legislations:

o Bonded Labour System (Abolition) Act 1976:

• The Act extends to the whole of India but implemented by

respective state governments.
 • It provides for an institutional mechanism at the district level in the
form of Vigilance Committees.

• Vigilance committees advise District Magistrate (DM) to ensure

the provisions of this Act are properly implemented.

• The State Governments/UTs may confer, on an Executive

Magistrate, the powers of a Judicial Magistrate of the first class or
second class for the trial of offences under this Act.

o Central Sector Scheme for Rehabilitation of Bonded Labourers (2016):

• Financial assistance to the extent of Rs. 3 lakhs is provided to

released bonded labourers along with other non-cash assistance for
their livelihood.
▪ Reasons for the Persistence of Bonded Labour:

o The lack of awareness among workers and employers.

o Low conviction rates.

o Social bias towards bonded labour.

o Migratory nature of bonded labour.

o Weaker implementation of Bonded Labour System (Abolition) Act 1976.

o Punishment for forced labour (Section 374 of IPC– unlawful compulsory

labour) is not appropriate.

o Lack of proper coordination at the national and regional level, and

among governments.
▪ Measures Needed to End Bonded Labour:

o Organising national campaigns to provide information to the public on

how to report and identify victims of bonded labour.

o Popularising the National Child Hotline which is partly supported by the

Ministry of Women & Child Development, and a national helpline for
trafficking victims exists, run by Operation Red Alert.

o Efficient rehabilitation of rescued victims to prevent them from being

forced into bonded labour again.

• Productive and income generating schemes must be formulated in

advance otherwise they will again fall back upon the system of
bonded labour after their release.
International Labour Organization

International Labour Organization (ILO) is the only tripartite U.N. agency, since
1919. It brings together governments, employers and workers of 187 member
States, to set labour standards, develop policies and devise programmes
promoting decent work for all women and men.

▪ In May 2022, the International Labour Organization (ILO) has released the
Ninth Edition of ILO Monitor on the World of Work Report, which says
that after significant gains during the last quarter of 2021, the number of
hours worked globally dropped in the first quarter of 2022, to 3.8% below
the employment situation before the Covid-19.

What is the History behind the Establishment?

▪ Established in 1919 by the Treaty of Versailles as an affiliated agency of
the League of Nations.

▪ Became the first affiliated specialized agency of the United Nations in

1946.

▪ Headquarters: Geneva, Switzerland

▪ Founding Mission: social justice is essential to universal and lasting peace.

▪ Promotes internationally recognized human and labour rights.

▪ Received the Nobel Peace Prize in 1969.

o For improving peace among classes

o Pursuing decent work and justice for workers

 o Providing technical assistance to other developing nations

▪ The organization has played a key role in

o Ensuring labour rights during the Great Depression

o Decolonization process

o The creation of Solidarność ( trade union) in Poland

o The victory over apartheid in South Africa

▪ Today it is providing substantial support in the building of an ethical and

productive framework for fair globalization.
Note: The basis of the ILO is the tripartite principle, i.e. the negotiations
within the organization are held between the representatives of governments,
trade unions, and member-states’ employers.

What is the Organisational Structure of ILO?

▪ The ILO accomplishes its work through three main bodies which comprise
governments', employers' and workers' representatives:

o International Labour Conference: it sets the International labour

standards and the broad policies of the ILO. It meets annually in
Geneva. It is often referred to as an International Parliament of Labour.

• It is also a forum for discussion of key social and labour questions.

o Governing Body: it is the executive council of the ILO. It meets three
times a year in Geneva.

• It takes policy decisions of ILO and establishes the programme and

the budget, which it then submits to the Conference for adoption.

• The work of the Governing Body and the Office is aided by tripartite
committees covering major industries.

• It is also supported by committees of experts on such matters as

vocational training, management development, occupational safety
and health, industrial relations, workers’ education, and special
problems of women and young workers.
 o International Labour Office: it is the permanent secretariat of the
International Labour Organization.

o It is the focal point for ILO’s overall activities, which it prepares

under the scrutiny of the Governing Body and under the leadership
of the Director-General.

o Regional meetings of the ILO member States are held periodically to

examine matters of special interest to the regions concerned.

What are the Functions of the ILO?

▪ Creation of coordinated policies and programs, directed at solving social

and labour issues.
 ▪ Adoption of international labour standards in the form of conventions and
recommendations and control over their implementation.

▪ Assistance to member-states in solving social and labour problems.

▪ Human rights protection (the right to work, freedom of association,

collective negotiations, protection against forced labour, protection against
discrimination, etc.).

▪ Research and publication of works on social and labour issues.

What are the Objectives of the ILO?

▪ To promote and realize standards and fundamental principles and rights at

work.
 ▪ To create greater opportunities for women and men to secure decent
employment.

▪ To enhance the coverage and effectiveness of social protection for all.

▪ To strengthen tripartism and social dialogue.

What are International Labour Standards?

▪ The ILO sets international labour standards with conventions, which are
ratified by member states. These are non-binding.

▪ Conventions are drawn up with input from governments, workers’ and

employers’ groups at the ILO and are adopted by the International Labour
Conference.
 ▪ In ratifying an ILO convention, a member state accepts it as a legally
binding instrument. Many countries use conventions as a tool to bring
national laws in line with international standards.

What is the Decent Work Agenda?

▪ As part of its mission, the ILO aims to achieve decent work for all by
promoting social dialogue, social protection and employment creation, as
well as respect for international labour standards.

▪ The ILO provides technical support to more than 100 countries to help
achieve these aims, with the support of development partners.

What is the ILO Declaration on Fundamental Principles and Rights at Work?

 ▪ It was adopted in 1998, the Declaration commits member states to respect
and promote eight fundamental principles and rights in four categories,
whether or not they have ratified the relevant conventions. They are:

o Freedom of Association and The Right to collective bargaining

(Conventions 87 and 98)

o Elimination of forced or compulsory labour (Conventions No. 29 and

No. 105)

o Abolition of child labour (Conventions No. 138 and No. 182)

o Elimination of discrimination in respect of employment and occupation

(Conventions No. 100 and No. 111)

What are the Core Conventions of the ILO?

▪ The eight fundamental conventions form an integral part of the United
Nations Human Rights Framework, and their ratification is an important
sign of member States’ commitment to human rights.

▪ Overall, 135 member States have ratified all eight fundamental

conventions. Unfortunately, 48 member states (out of 183 member States),
including member states with the highest populations, have yet to
complete ratification of all eight conventions.

▪ The eight-core conventions of the ILO are:

o Forced Labour Convention (No. 29)

o Abolition of Forced Labour Convention (No.105)

o Equal Remuneration Convention (No.100)

 o Discrimination (Employment Occupation) Convention (No.111)

o Minimum Age Convention (No.138)

o Worst forms of Child Labour Convention (No.182)

o Freedom of Association and Protection of Right to Organised

Convention (No.87)

o Right to Organise and Collective Bargaining Convention (No.98)

▪ The eight conventions, taken together, are more relevant today in the face
of global economic and other challenges impinging on the welfare and
livelihood of workers in all regions.
 o Indeed, they are part and parcel of the overarching architecture for the
universality of human rights, offering protection to all, and responding
closely to the quest for social justice in a globalized setting.

o They are catalytic to the UN system, the international community and

local communities as a whole.

India and ILO: What is the Scenario?

▪ India is a founding member of the ILO and it has been a permanent

member of the ILO Governing Body since 1922.

▪ In India, the first ILO Office was started in 1928. The decades of productive
partnership between the ILO and its constituents has mutual trust and
 respect as underlying principles and is grounded in building sustained
institutional capacities and strengthening capacities of partners.

▪ India has ratified six out of the eight-core/fundamental ILO

conventions. These conventions are:

o Forced Labour Convention (No. 29)

o Abolition of Forced Labour Convention (No.105)

o Equal Remuneration Convention (No.100)

o Discrimination (Employment Occupation) Convention (No.111)

o Minimum Age Convention (No.138)

o Worst forms of Child Labour Convention (No.182)

▪ India has not ratified the two core/fundamental conventions,
namely Freedom of Association and Protection of the Right to Organise
Convention, 1948 (No. 87) and Right to Organise and Collective
Bargaining Convention, 1949 (No. 98).

o The main reason for non-ratification of ILO conventions No.87 & 98 is

due to certain restrictions imposed on the government servants.

o The ratification of these conventions would involve granting of certain

rights that are prohibited under the statutory rules, for the government
employees, namely, the right to strike, to openly criticize government
policies, to freely accept a financial contribution, to freely join foreign
organizations etc.
What’s the Role of Trade Unions at the ILO?

▪ Trade unions play a crucial role in developing policy at the ILO, Worker
group representation is drawn from national trade union confederations.

▪ The Bureau for Workers' Activities at the secretariat is dedicated to

strengthening independent and democratic trade unions so they can better
defend workers’ rights and interests.

What is the ILO’s Supervisory Role?

▪ The ILO monitors the implementation of ILO conventions ratified by

member states. This is done through:

o The Committee of Experts on the Application of conventions and

Recommendations.
 o The International Labour Conference’s Tripartite Committee on the
Application of conventions and Recommendations.

o Member states are also required to send reports on the progress of the
implementation of the conventions they have ratified.

Against Whom the Complaints are Registered?

▪ The ILO registers complaints against entities that are violating international
rules; however, it does not impose sanctions on governments.

▪ Complaints can be filed against member states for not complying with ILO
conventions they have ratified.
 ▪ Complaints can be from another member state which has signed the same
convention, a delegate to the International Labour Conference or the ILO's
Governing Body.

What is the ILO’s Global Commission on the Future of Work?

▪ The formation of an ILO Global Commission on the Future of Work marks

the second stage in the ILO Future of Work Initiative.

o It was co-chaired by South African President Cyril

Ramaphosa and Swedish Prime Minister, Stefan Löfven.

▪ The commission outlines a vision for a human-centred agenda that is based

on investing in people’s capabilities, institutions of work and decent and
sustainable work.
▪ Its has undertaken an in-depth examination of the future of work that can
provide the analytical basis for the delivery of social justice in the
21st century.

▪ It outlines the challenges caused by new technology, climate change and

demography and calls for a collective global response to the disruptions
they are causing in the world of work.

o Artificial intelligence, automation and robotics will lead to job losses, as

skills become obsolete.

▪ The key recommendations are:

o A universal labour guarantee that protects the fundamental rights of
workers’, an adequate living wage, limits on hours of work and safe and
healthy workplaces.

o Guaranteed social protection from birth to old age that supports

people’s needs over the life cycle.

o A universal entitlement to lifelong learning that enables people to skill,

reskill and upskill.

o Managing technological change to boost decent work, including an

international governance system for digital labour platforms.

o Greater investments in the care, green and rural economies.

o A transformative and measurable agenda for gender equality.

o Reshaping business incentives to encourage long-term investments.