Looting childhood

On May 13, something happened that would swallow entire childhoods across the length and breadth of our country — from the little girls who stitch footballs in Meerut to the little boys who make shoes in Kanpur, from Virudhunagar where children make firecrackers to Gudiyatham where they make beedis. The Union Cabinet decided to allow children below 14 to work in family enterprises and audio-visual entertainment. The official amendments along with the Child Labour (Prohibition and Regulation) Amendment Bill 2012 propose to rob the joy of childhood from millions of India’s children, by allowing certain forms of child labour at home.

As a signatory to the UNCRC which defines a child as a “human being below the age of 18 years”, India needs to honour its commitment to its spirit in the making and implementation of the country’s domestic legislations. On the one hand the government attempts to “provide and ensure admission, attendance and completion of elementary education by all children in the 6-14 age group” in the Right of Children to Free and Compulsory Education (RTE) Act, 2009. On the other, we now have “exceptions” that would encourage child labour in this very same age bracket.

Free of fear One of the stated objectives of the RTE Act is “making the child free of fear, trauma and anxiety through a system of child friendly and child-centred learning”. One cannot help but wonder how India’s millions of child labourers below 14 would, as they work “after school hours or vacations”, be free of fear and trauma associated with working in mostly exploitative and unregulated environments. Do children not have the right to go through their books “after school hours”? Do they not have the right to play? The Centre’s move would also mean that the already ailing education sector, which still receives only around 3 per cent of the GDP, as opposed to the Kothari Commission’s (1964-66) recommendation of 6 per cent, would fare worse in terms of pupil retention and quality of education. No child should be employed in any industry; the differentiation between “hazardous” and “non-hazardous” child labour in itself is absurd.

Abjure tokenism The exceptions proposed in the amendment feature the apparently “non-hazardous” family enterprises and audio-visual entertainment industry. Considering the highly decentralised and unregulated nature of the so-called “family enterprises”, it becomes a Herculean task to identify and act upon violations. Additionally, the amendment also lets off child labour (below 14) in “any such other entertainment or sports activities”, further opening up extensive loopholes for middlemen and employers. Bigger industries have their task cut out — simply outsource labour to families in their homes, thanks to the latest amendment.

In order to break free from the unfairness meted out to these children, we need to prioritise child protection and ensure school enrolment does not become mere tokenism in risk-prone areas. Significantly, the government release says that “while considering a total prohibition on the employment of child, it would be prudent to keep in mind the country’s social fabric and socio-economic conditions”.

Should our 4.6 million child labourers be victims of our social fabric and socio-economic conditions? Are we confessing that we have failed to deal with poverty and want our children to pay the price — with their childhoods?

The writer is the CEO and director of World Vision India

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