India has had child labor laws in position for many decades. Among the earliest was the Children (Pledging of Labor) Act, 1933. It lays down that any agreement to pledge the services of a child either by parents or guardian shall be void. The most significant prevailing law is the Child Labor (Prohibition and Regulation) Act, 1986, which is reflective of the political will, determination and commitment to the elimination of the pernicious system of child labor in India. The Child Labor Act specifically:
(a) Prohibits employment of all children under the age of 14 in specified hazardous and other enumerated industries. It prohibits employment of children in 13 occupations and 51 processes considered hazardous to the health and psyche of the child.
(b) Regulates conditions in industries where children are still permitted to be employed (In order not to outlaw the passage of specialized handicraft skills from generation to generation, children continue to be permitted to work in certain occupations/processes which are innocuous or harmless for them). Regulation now covers all the occupations and processes that are not specifically prohibited for employment of children.
(c) Establishes severe penalties for offending employers, including both fine and imprisonment. Violation of the provisions under the Act is punishable with imprisonment for a term not less than three months that may extend to one year and/or a fine of not less than Rs.10, 000 that may extend to Rs.20, 000.
The existing provisions of the above two Acts are comprehensive enough to prohibit the practice of indentured or forced child labor in India. Under the Bonded Labor System (Abolition) Act, every allegation or complaint received is referred to the State Government and the District Administration and all of them are investigated by the Vigilance Committee at the district or sub-divisional level. Moreover, feedback received after the investigation is also shared with the complainant. Additionally, if any child is found to be working in hazardous employment, the employer is prosecuted under the provisions of the Act and the child working in any such establishment is released from work and rehabilitated through National Child Labor Projects and projects run by other agencies/organizations.
The Indian judicial system has independently and effectively intervened on the child labor issue. The Supreme Court of India issued in December 1996 a number of directives regarding the removal of children from hazardous industries/occupations/processes and the provision of welfare support for such children. The Court decree requires that any offending employer, in addition to other fines or penalties under the law, pay Rs.20, 000/- to a child labor rehabilitation fund. Interest derived from this fund is to be paid as wage compensation to the families of children on the condition that the child attends school. In addition, the Court has directed that an able bodied adult member of each such family be given employment by the State Government. In cases where the State Government is unable to provide such employment, it is required to pay Rs.5, 000/- per child to the Fund.
The National Human Rights Commission (NHRC) in India has also been monitoring the implementation of Government policy and programs on identification, release and rehabilitation of child labor in selected districts of the country. The Commission entertains complaints related to child labor and bonded labor and after investigations, gives appropriate orders for compliance. The Supreme Court of India in its order-dated 11.11.97 has requested NHRC to be involved in dealing with the issue of bonded labor. In pursuance of the Supreme Court Order, a Central Action Group (CAG) was constituted in 1998. Two Special Rapporteurs have been appointed by the NHRC to review and look into bonded labor and child labor issues. They make periodic visits to districts and interact with local people, NGOs and Government functionaries to ascertain the position at the ground level. Their reports are studied by the NHRC and follow up action initiated in consultation with the Ministry of Labor.
There are widely divergent views as to the magnitude of child labor in India, due to the different methods of estimation used which range from pure guesswork to over-generalization from small samples. A head count of the number of working children, however, has been done only during the decennial Census. The Census Commissioner of India is the sole authority with the requisite machinery (manpower and resources) capable of undertaking an operation of this magnitude. Census figures, therefore, give by far the most accurate and authentic data on child labor population in India. As per the 1991 census, the number of working children in India was 11.28 million. The bulk of the working children are engaged in rural areas and in agriculture and allied employments. Cultivation, livestock, forestry and fisheries account for 85% of the working children. Most of the children work alongside and under the supervision of their parents/guardians. In urban areas, manufacturing services, repair, etc. account for only around 10% of working children. A large majority of these children assist their parents in home-based work to supplement family income. Most of these are in the unorganized, cottage and tiny sectors.
The Government of India announced a National Policy on Child Labor in 1987. It envisages strict and effective enforcement of child labor related laws, convergence of services for the benefit of the parents of working children in order to improve their economic conditions and launching of projects in areas of high concentration of child labor. Projects to rehabilitate children working in hazardous industries like match & fireworks, glass and bangle making, lock making, carpet weaving, slate, gem cutting and gem polishing, brassware, etc. were started following the announcement of the National Policy. Major impetus to the program for the welfare and rehabilitation of child labor was, however, given from 1994-95 onwards when a large number of projects across 11 Indian States were put into operation. 80 National Child Labor projects for the rehabilitation of nearly 200,000 children are under implementation. They envisage door-to-door surveys, launching awareness generation programs to sensitize employers, parents and children and imparting education, nutrition and vocational training to the children withdrawn from work. For the Ninth Plan Period (1997-98 to 2001-02), an allocation of Rs. 2,610 million has been made for the National Child Labor Projects