Gujarat’s ‘uncles’ and their employment exchanges

Rajan (name changed) is nowhere to be seen. About a month ago, the 12-year-old and his younger brother Yash (name changed) were working at a roadside tea stall located on one of the busiest roads in the financial capital of Gujarat. The tea stall, as claimed by the boy, was owned by his 'uncle' and he and a few others 'assisted' him.

But following the Gujarat government's month-long campaign from August 29 against child labour, many of the roadside joints including tea stalls, have removed kids from work. But the impact is seen as short-lived. They will be back once the campaign, called Sahiyari Kooch, ends.

And Rajan and his brother, who had come from Rajasthan in 2015, will soon join back at the tea stall.

The term 'uncle' is vaguely used by these kids in the context of someone they know from their village without necessarily referring to a blood-relation or real family relations as defined in the Child Labour (Prohibition and Regulation) Act, 1986.

The so-called uncle has his own business interests in inviting such kids from rural areas. Firstly, attrition is low as these children don't know anyone in the town except the employer ; and they are not aware of their own rights as child. A normal adult worker wouldn't be available for less than ₹250 a day.

The employer, on the other hand, enjoys respect in the village as a person who 'settled' these kids from financially stressed families. He becomes a parallel 'employment exchange' for child workers.

Before coming to Ahmedabad, Rajan went to a primary school at his village, but dropped after the fifth grade. "I still go to school," Rajan was quick to respond when asked whether he attends school apart from his 'job'. But he was unable to name his school.

Seeing him conversing with a 'suspicious' customer, the uncle pulled Rajan out of the conversation, asking him to serve tea to other customers.

The employer denies breaching the law. "This is just a family business, sir. And they are our own kids. There is nothing like it (child labour)," he told this writer.

Most of these kids sleep either on top of the tea stall or on the roadside, and make a bed from torn rugs. Most of these kids neither have asocial security nor a health cover.

The National Sample Survey Organisation (NSSO)'s report 'Employment and Unemployment Situation in India 2011-12, revealed that Gujarat had nearly 4.20 lakh child labourers (of the age group 5-14 years).

About a lakh of them were estimated to be in urban pockets and the rest in the rural areas. One of their main areas of work was in the cotton fields.

"With increase in urbanisation, we are seeing a steady increase in child labour in the cities. If the government really wants to bring them out of child labour, then they have to first address their parents, who mostly belong to the SC/ST or OBC category with insignificant income to run a family," said Vipul Pandya, co-convenor of Campaign Against Child Labour - a nationwide network.

Pandya termed the amendments to Child Labour (Prohibition and Regulation) Act, 1986 as a work half-done to prevent child labour in Gujarat. "This amendment is brought to correct the contradiction created by the RTE Act. There is more to be done for the root cause of the child labour, which is parents' employment. That is not addressed in the Act," said Pandya.

Some have a different perspective. "Unlike many others, who criticised the amendments, we appreciate and welcome it for bringing clarity about family occupation and defining the 15-18 years of age group as child, who were earlier treated as adults in spite of being minors,” says Sukhdev Patel, a child rights activist in Ammedabad.

“However, there is much to be done to plug the loop holes," he adds.

According to government data in 2013, about 369 children were rescued by the Labour Department, while 333 were rescued in 2014. Of the rescued children, 504 were from states like Maharashtra and Madhya Pradesh, while 198 were from Gujarat.

"In the bordering states, there is a high incidence of migrant labour. This includes children as well. Therefore we see more child labour from outside the State," said Jagruti Pandya, chairperson of Gujarat State Child Rights Panel.

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