Recommendations for the proposed Child and Adolescent Labour (Prohibition and Regulation) Amendment Bill emerging from an expert consultation
By TCN News,
Mumbai: The election manifesto of the incoming government’s party states its commitment to “Review, amend and strengthen the Child and Adolescent Labour (Prohibition and Regulation) Act, 2012”. It is in this context that CRY convened an expert consultation to build upon the recommendations of the parliamentary standing committee.
Experts of the subject Shireen Khan, ILO, Delhi, Ms. Vandana Khandari, UNICEF, Prof. Shantha Sinha, University of Hyderabad, Prof. Babu Mathew, National Law University, Delhi, Prof. Delhi ex-chairperson CWC Bharti Sharma, participated in the national consultation to discuss a way forward to the CLPRA amendment bill 2012 and share their valuable insight.
Various concerns like path to progressive elimination of child labor, policy implications of having multiple definitions of age of the child across various labor laws and social legislations, measures of rehabilitation of rescued child labourers, hazardous and non hazardous work/processes, was raised in the consultation.
“The New Government’s mantra of ‘less government and more governance’ is seen as the underlying philosophy that could drive merger of some departments and ministries to create more focused outfits. On similar ground we would like to demand that everything related to children also needs greater coordination” said Babu Methew of National Law University.
He also opined that the gravity of this issue is also connected to the convenience of interest groups. Various policies and acts are also drafted keeping in mind the targeted employment criteria of that sector.
While the social legislations define a child to be 18 years, most labour legislations define it as 14. There is a clear contradiction in the way we see our children, ready to compromise when they can be a source of cheap labour.
“The issue of child labour cannot be seen in isolation. It is integral to the concerns of child protection, education and social security. While each ministry has its own mandate; it is imperative for different ministries to institutionalize mechanisms of working together to address multiple issues that result in child labour”, said Komal Ganotra, Director, Policy and Research, CRY (Child Rights and You).
CRY believes that a holistic vision is needed for our upcoming generations, their aspirations, their expectations, and their real concerns. Children need to be viewed not just as beneficiaries of specific schemes, or falling within the purview of specific ministries, but as living entities that are affected by steps, big and small, taken or not taken by various state functionaries, India has 12.6 million children engaged in child labour in the age group of 5 to 14 as per the National Census 2001, it is yet to commit itself to complete elimination of child labour.
Key Recommendations for the CLPRA Amendment bill 2012
• Harmonizing the age of children across various social and labour legislations
• Legislation should not divide children into child and adolescent as both are equally vulnerable
• Using the criteria of Factories Act to define hazardous occupations is unacceptable
• Monitoring and accountability should be clearly spelt out in the act for its enforcement
• Clarity of role, accountability and convergence among stakeholders in rescue of child labour
• Institutionalize rehabilitation through clarity of procedure at district, state and inter-state level
• Develop explicit linkage of child labour legislation with juvenile justice, trafficking and integrated child protection scheme
About CRY
CRY – Child Rights and You (formerly known as Child Relief and You) is an Indian NGO that believes in every child’s right to a childhood – to live, to learn, grow and play. For over 30 years, CRY and its partners have worked with parents and communities to ensure Lasting Change in the lives of more than 20 Lakh underprivileged children. For more information please visit us at www.cry.org