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INDIA

1. Child Labor in India

In 1998, the International Labor Organization (ILO) estimated that 13 percent of children between the ages of 10 and 14 in India were working.912 India’s 1991 national census reported that 11.3 million out of the country’s 210 million children between the ages of 5 and 14 worked, indicating a labor force participation rate of 5.4 percent. Some speculate that the number of working children is much higher than official statistics indicate, since one-half of all children ages 5 to 14 (105 million) were not enrolled in school.913 Unofficial estimates from nongovernmental organizations (NGOs) and international organizations find that the number of working children ranges between 44 million to 55 million.914 The recently concluded 2001 Census of India will update figures from the 1991 national census, including estimates of the number of children who are economically active in the country.915

Child labor is most common in rural areas and in the informal sector.916 Children often work in hazardous industries or perform hazardous tasks. In the glass manufacturing industry of Firozabad, in northern India, children work under exploitative conditions in small workshops or private homes for low wages. Children weld the ends of glass bangle bracelets, sort bangles, engrave them on grinding wheels, and collect melted glass from boiling stations with iron rods.917 In the leather tanning industry, children are exposed to corrosive chemicals and bacterial contamination from hides.918 In the footwear industry of Agra, children work in small workshops and homes919 for up to 12 hours per day and are exposed to glue fumes and other chemicals.920

Child labor is used in the labor-intensive hand-knotted carpet industry in India, where children frequently work in confined, dimly-lit workshops and may develop respiratory illnesses and spinal deformities from long hours crouched at the looms.921

In the stone quarries of the southern state of Tamil Nadu, children break stones into small pieces and carry explosives.922 In the stone quarries of Faridabad outside New Delhi, children work seven days a week assisting their parents; few are able to attend school.923 Children also labor in brick-kiln operations and the construction industry.924

In the gemstone industry, children work in private homes or small workshops.925 The International Labor Organization (ILO) estimates that at least 20,000 children are involved in processing diamonds by cutting and polishing the stones in hazardous conditions.926

Anti-child labor groups calculate that the fireworks industry employs about 50,000 children, primarily girls, some as young as 10 or 11 years old.927 Children also stitch and assemble soccer balls, volleyballs, and boxing and cricket gloves in their homes or at small stitching centers.928

Small hotels, restaurants, and tea shops employ children to work in kitchens, clean dishes and utensils, serve customers and perform menial tasks. Children work six days a week, usually for about 12 hours a day.929 In circuses, children are forced to perform for three to four shows a day, risking their lives in often dangerous activities.930 It is estimated by NGOs that at least 14 million working children under the age of 13 are employed as domestic servants.931

There are reports of bonded child labor in several sectors, including the carpet manufacturing industry,932 agriculture (particularly on small-scale, rural farms),933 and in the construction industry.934

India is a source, destination and transit country for trafficking victims. Children from India are trafficked to countries in Asia, the Middle East, and the West.935 Thousands of women and children are trafficked into the country annually, destined for the sex trade. Nepal and Bangladesh are primary sender countries for children trafficked into India. Trafficking victims are subject to extortion, physical abuse and rape. It is estimated that out of the country’s 2.3 million prostitutes, 15 percent (345,000) are children. Other trafficking victims in the country are pressed into forced labor or domestic service. Young boys are known to be trafficked from India to the Middle East to serve as camel jockeys.936

2. Children’s Participation in School

Approximately 59 percent of children between the ages of 5 and 14 attend school.937 Primary school net enrollment rates remained relatively steady between 1995 and 1997, standing at 77.2 percent in 1997.938 Only 52 percent of children who enroll in primary education, however, reach grade five.939

Access to educational facilities is limited for some children in rural areas. The need to purchase uniforms and textbooks, as well as other associated costs, discourages many children from attending school.940 Large concentrations of the estimated 32 million children who have never attended school come from the impoverished states of Bihar, Madhya Pradesh, Rajasthan and Uttar Pradesh.941

There is a significant gender gap in school enrollment and attendance nationally, particularly at the secondary level, with families tending to place higher priority on boys’ education.942 In 1997, the net primary school enrollment rate was 83 percent for boys and 71 percent for girls.943 The enrollment gap grows at the secondary level, with gross enrollment rates of 59 percent for boys and 39 percent for girls.944

3. Child Labor Law and Enforcement

India has laws restricting work by children and limiting the sectors and activities in which children may legally work. The Child Labor (Prohibition and Regulation) Act of 1986, which was extended in 1999 to encompass more employment activities, prohibits the employment of children under 14 years old in 13 occupations and 51 work processes.945 These include carpet weaving, any work involving soldering in electronics, cement manufacture, work in slaughterhouses, and the manufacturing of matches, explosives, fireworks, and bidi cigarettes.946 While child labor in the specified sectors and activities is prohibited, children are permitted to work up to six hours per day in other sectors.947

In 1996, India’s Supreme Court established a penalty of 20,000 rupees (US$570) for persons employing children in hazardous industries and directed national and state governments to identify and withdraw children from hazardous work and provide them with education.948

Bonded child labor is prohibited under the Bonded Labor System (Abolition) Act of 1976, however enforcement by state and local officials is weak and prosecutions rarely occur.949 The Prevention of Immoral Trafficking Act (PITA) of 1986 is the principal law applied to the trafficking of children and prostitution. The act establishes procedures for interviewing, protecting and rehabilitating girls rescued from brothels and establishes penalties for the trafficking of children.950

The enforcement of child labor laws falls under the jurisdiction of state-level labor ministries, but implementation of the law is limited.951 India’s National Human Rights Commission (NHRC) found that labor inspectors often conduct poor quality inspections; prosecutions are faulty; medical officers charged with determining the ages of working children frequently falsify reports at the behest of employers; and the efforts of employers and employers’ associations to address problems are often unsuccessful.952

Some employers, such as hotel owners and circuses, reportedly violate laws prohibiting night work by children with impunity. Hotels often escape punishment by producing false certificates stating that their workers are age 14 or above.953

4. Addressing Child Labor and Promoting Schooling

a. Child Labor Initiatives

In August 1987, the government established National Child Labor Projects (NCLPs) in 12 states with a high proportion of working children, along with a national policy on child labor.954 In 1994, then-Prime Minister Rao announced a national program to combat child labor.955 These projects provide children with nonformal education, health care, nutrition, and vocational skills training.956 The projects are implemented by NGOs, with the government covering up to 75 percent of the project costs.957

India became a member of the International Labor Organization’s International Program on the Elimination of Child Labor (ILO-IPEC) in 1992. The ILO-IPEC country program has reached more than 90,000 children in India since its inception and was renewed in January 2000 for a further two years.958 In August 2000, the United States and India signed a Joint Statement committing both countries to support new ILO-IPEC projects aimed at reducing the incidence of child labor in 10 selected hazardous industries. The targeted sectors include bidis, brassware, bricks, fireworks, footwear, glass bangles, locks, matches, stone quarries, and silk. The project, which is scheduled to begin activities in January 2002, will also include a review of existing efforts underway in the carpet industry.959

Soccer ball manufacturers in India, under the auspices of the Indian Sports goods Manufacturers and Exporters Association, have developed plans for a project to phase out employment of children in soccer ball stitching and ensure their attendance in school. Under the proposed plan, a new foundation, funded by exporter contributions, will promote education and ensure that underage working children are replaced by older siblings or parents.960

In 1992, India was one of four countries selected to participate in an ILO-sponsored experimental survey. The survey, which comprised both household surveys and enterprise surveys, was conducted in two districts of Gujarat state.961

b. Educational Alternatives

India has no national laws establishing mandatory schooling.962 Legislation at the state and/or provincial level establishes compulsory primary education in 14 of the 24 states and four Union territories.963

Under the NCLP projects, 1,800 nonformal schools have been opened and approximately 105,000 children have been enrolled in these schools.964 In response to lessons learned and budget constraints, some NCLP centers are being consolidated by increasing funding to areas with high levels of child labor and other under-utilized centers are being closed.965

The Ministry of Human Resource Development operates several education programs. The Ministry’s Department of Women and Child Development’s Early Childhood Education (ECE) Program began in 1987 and targets pre-school-aged children in nine states with low educational achievement statistics. The Ministry’s Department of Education has various programs to improve the quality of education.966 Many non-formal education programs focus on children with special needs such as working children. The programs provide part-time instruction with locally relevant curricula.967 The government has also organized special camps to provide girls with the necessary assistance to meet their educational needs. Thirty-two Indian states and territories have taken similar measures to promote girls’ education.968

In Andhra Pradesh, the state with the highest number of working children, the M. Venkatarangaiya (MV) Foundation, an NGO established in 1990, operates a multi-faceted program to enroll and keep children in schools, increase parental support for their children’s education, improve existing government schools, and put pressure on political leaders at all levels to make education more accessible to children.969 In 1997, Andhra Pradesh began a program to identify and enroll children who have never attended school or who dropped out of school at young ages. Special emphasis is placed on bonded children, children working as domestic servants, and children from socially disadvantaged groups.970

Both national and state governments contribute to educational expenses. Although no combined figure is published, approximately 5.9 percent of the national budgets goes to education.971 In 1996, education spending was 3.2 percent of the country’s gross national product (GNP),972 while primary education spending was approximately 1 percent. 973

5. Selected Data on Government Expenditures

The following bar chart presents selected government expenditures expressed as a percentage of GNP. The chart considers government expenditures on education, the military, health care, and debt service. Where figures are available, the portion of government spending on education that is specifically dedicated to primary education is also shown.974

While it is difficult to draw conclusions or discern clear correlations between areas of government expenditure as a percentage of GNP and the incidence of child labor in a country, this chart and the related tables presented in Appendix B (Tables 14 through 19) offer the reader a basis for considering the relative emphasis placed on each spending area by the governments in each of the 33 countries profiled in the report.


912 World Bank, World Development Indicators 2000 [CD-ROM], Washington, D.C., 2000 [hereinafter World Development Indicators 2000 ].

913 D. P. Chaudhri, A Dynamic Profile of Child Labour in India , as cited in UNICEF press release, “Child Labour in India” (New Delhi: UNICEF Information Service, 1996), 1-2. Some NGOs, like the Bangalore Centre for Concern for Working Children, developed estimates that take into account the official number of children out of school, as stated in S. Sinha, Collection and Dissemination of Data on Child Labour in Asia (Bangkok: ILO-IPEC, 1998), Table 1, 107 [document on file].

914 U.S. Embassy-New Delhi, unclassified cable no. 01401, February 20, 1998.

915 “Census of India,” Registrar General and Census Commissioner, India (www.censusindia.net/).

916 States with high child labor rates include Andhra Pradesh, Madhya Pradesh, Maharashtra and Uttar Pradesh. Annual Report 1996-97 (New Delhi: Ministry of Labour, 1997), 100 [hereinafter Annual Report 1996-97 ]. These statistics are based on data from the 1991 census.

917 Lakshmidhar Mishra, Child Labour in India (London: Oxfam University Press, April 2000), 50-57 [hereinafter Child Labour in India ]. The data are based on a 1992 study of the industry performed by the Giri Institute of Development Studies, Lucknow. Firozabad is located in Uttar Pradesh.

918 “Children in Hazardous Work,” fact sheet from Abolishing Extreme Forms of Child Labour (Geneva: ILO, 1998) [hereinafter “Children in Hazardous Work” fact sheet]. See also By the Sweat and Toil of Children: Consumer Labels and Child Labor , vol. 4 (Washington, D.C.: U.S. Department of Labor, 1995), 70-73 [hereinafter By the Sweat and Toil of Children , vol. 4].

919 Interview with Abhinay Prasad, Secretary, AADHAR (Welfare Society) [hereinafter Prasad interview], and R. K. Pandey, regional director, Council for Leather Exports, by U.S. Department of Labor official, May 17, 1998. Children are reportedly not employed by companies producing shoes directly for the export market, although it is unclear whether shoes and shoe parts produced under subcontracting arrangements in the cottage industry are destined for the domestic or export market. Agra is located in the state of Uttar Pradesh, south of New Delhi.

920 Prasad interview.

921 See By the Sweat and Toil of Children: The Use of Child Labor in U.S. Agricultural Imports and Forced and Bonded Child Labor, vol. 2 (Washington, D.C.: U.S. Department of Labor, 1995), 85-94 [hereinafter By the Sweat and Toil of Children, vol. 2], and By the Sweat and Toil of Children, vol. 4, at 19-22.

922 Frequent accidents sometimes result in lost limbs and even death. Interview with S. P. Gnanamoni, Secretary of the Quarry Workers Development Society, Dindigal, by U.S. Department of Labor official, May 7, 1998. See also interview with Isabel Austin, State Representative for UNICEF for Tamil Nadu and Kerala, by U.S. Department of Labor official, May 5, 1998 [hereinafter Austin interview].

923 “Children in Mining and Quarries” fact sheet from Abolishing Extreme Forms of Child Labour (Geneva: ILO, 1998).

924 Interview with R. K. Rai, executive secretary, U.P. Voluntary Health Association, by U.S. Department of Labor official, May 8, 1998. See also By the Sweat and Toil of Children, vol. 2, at 104-8, and “Children in Hazardous Work” fact sheet, and Austin interview.

925 In small shops on the back streets of Jaipur in northern India, where most gems are processed, children sort, clean and polish semiprecious stones for eight to 10 hours a day. Precious Lives: Child Labour and Other Labour Rights Violations in the Diamond and Gemstone Industry (Geneva: ILO and the Universal Alliance of Diamond Workers), updated June 16, 1998 (www.ilo.org/public/english/dialogue/actrav/child/proj/childiam.htm), in the “Child Labour in the Diamond Industry” fact sheet [hereinafter Precious Lives: Child Labour and Other Labour Rights ]. See also interview with Amar Nath, director of Inter Gold (India) Limited, and others, by U.S. Department of Labor official (May 12, 1998) and notes from the site visit by U.S. Department of Labor officials to Jaipur, May 15, 1998, for eyewitness accounts of conditions in the gemstone workshops.

926 India is a large producer of processed diamonds, which are typically mined in other countries and exported to India for processing. See Precious Lives: Child Labour and Other Labour Rights . For details on a study funded by India’s Gem and Jewelry Export Promotion Council (GJEPC) that found a significant decrease in the incidence of child labor in India’s diamond processing sector, s ee “Final Report: Follow-up Study on Prevalence of Child Labour in Diamond Cutting and Polishing Industry in India” (Mumbai: A. F. Ferguson & Co., June 1998).

927 Jill McGivering, “Festival of Lights without Fireworks” (http://news6.thdo.bbc.co.uk/hi/english/world/ south%5Fasia/newsid%5F990000/990606.stm); cited October 25, 2000.

928 A Sporting Chance: Tackling Child Labour in India’s Sports Goods Industry (London: Christian Aid, 1997), 4.

929 Interviews conducted at the Peace Trust School, Dindigul with 33 children ages 9-15 and 10 school officials and teachers, by U.S. Department of Labor officials, May 7, 1998.

930 Roy Mathew, “India: Total Ban on Child Labour Likely,” The Hindu in World Reporter, TM Asia Intelligence Wire, Friday, October 6, 2000 [hereinafter “India: Total Ban on Child Labour Likely”].

931 “Future in Chains,” Pioneer, New Delhi; see www.globalmarch.org/cl-around-the-world/index.html; cited December 31, 1999. A study in Tamil Nadu showed that 26.5 percent of child domestic workers are employed by government staff ( see Ramya Kannan, “India: Study Shows Lack of Follow-up Action,” The Hindu in World Reporter Asia Intelligence Wire (Wednesday, September 20, 2000). In July 2000, the government banned its employees from using child domestic servants. See Country Reports on Human Rights Practices for 2000 (Washington, D.C.: U.S. Department of State, 2001), Section 6d [hereinafter Country Reports 2000—India ].

932 By the Sweat and Toil of Children , vol. 2, at 85-94; By the Sweat and Toil of Children, vol. 4, at 19-22.

933 By the Sweat and Toil of Children, vol. 2, at 125-32. Bonded labor in the farm sector occurs when landless peasants and tenant farmers must turn to landlords for loans in the form of cash or food, to be repaid with labor. Instead of decreasing with the time worked, however, the loans often increase, and bondage becomes a way of life for generations.

934 Austin interview. A 1996 Human Rights Watch report found bonded child labor in the silk industry, in the production of bidis, carpets, silver, synthetic gemstones and leather products, and in agriculture; see The Small Hands of Slavery: Bonded Child Labor in India (Human Rights Watch, U.S., September 1996), available at www.hrw.org/hrw/ reports/1996/India3.htm. See also Country Reports 2000—India .

935 Department of State, Victims of Trafficking and Violence Protection Act 2000: Trafficking in Persons Report, Washington, D.C., 2001, 51.

936 Country Reports 2000—India at Section 6f.

937 Ibid. at Section 5.

938 World Development Indicators 2000 .

939 The State of the World’s Children 2001 (New York: UNICEF, December 2000), 91, Table 4 [hereinafter The State of the World’s Children 2001 ].

940 Ministry of Human Resources Development, Education for All (EFA) 2000 [online], Country Report, India, Section 2 (www2.unesco.org/wef/countryreports/india/contents.html) [hereinafter EFA 2000].

941 “Children March To Go to School” (http://news6.thdo.bbc.co.uk/hi/english/world/south%5Fasia/ newsid%5F700000/ 700342.stm); cited April 3, 2000.

942 Convention on the Rights of the Child, Country Report for India (New Delhi: Ministry of Human Resource Development’s Department of Women and Child Development, February 1997), Sections 4.15-4.17; available from: http://wcd.nic.in/ CRCFEBmr.htm [hereinafter Convention on the Rights of the Child ]. According to EFA 2000, in 1993 more than 16 percent of rural populated areas did not have access to a primary school within one kilometer of the area; however, the government initiated various responses, such as an Education Guarantee Scheme in Madhya Padesh, to facilitate community involvement in starting schools and maintaining high usage of them (more than 19,000 schools were started) through September 1998. The report also indicates that access to education may not ensure that schools are well utilized, noting that Bihar, which has a low percentage of the population without access to primary schools, has the lowest literacy rate of any state in India.

943 World Development Indicators 2000 .

944 The State of the World’s Children 2001 . However, EFA 2000, Section 2, states that throughout the 1990s enrollment of girls grew in India at a much faster rate than for boys, although it still lags behind boys.

945 Unclassified telegram, 6/22/00. The occupations and processes in which children cannot work were expanded from 7 and 18, respectively.

946 Annual Report 1996-97 .

947 Ibid. at 99.

948 Country Reports 2000—India at Section 6d. See Also Child Labor in India, IPEC India Briefing Note, 2-3 [document on file]. The 1996 Supreme Court decision established a fund to be created from the proceeds of this fine to provide supplemental income to parents and guardians of child workers on the condition that the children be sent to school. The Court also ordered that a survey of the child labor situation in the country be conducted.

949 Country Reports 2000—India at Section 6c.

950 Ibid. at 6f.

951 For example, in 1998 the large state of Tamil Nadu had only 29 labor inspectors on staff to monitor all labor laws. Interview with D. Sarangi, Secretary of Labor, Tamil Nadu, by U.S. Department of Labor official, May 6, 1998. There are allegations that inspectors receive bribes or other benefits from enterprise owners in exchange for lenient inspections. Interview with child laborer in Dindigal, by U.S. Department of Labor official, May 8, 1998.

952 Interview with R. V. Pillai, Secretary-General, National Human Rights Commission, by U.S. Department of Labor official, May 4, 1998.

953 “India: Total Ban on Child Labour Likely.”

954 Vocational Training for Children in NCLP Schools , Report of a Workshop on Vocational Training for Children in NCLP schools (Noida: National Resource Center on Child Labor, V. V. Giri National Labor Institute, 1998), 61 [hereinafter Vocational Training for Children in NCLP Schools ]. According to the government, 94 child labor projects were established by February 2001, as stated in “Social Sectors: Labour and Employment,” Economic Survey 2000-2001 (India: Ministry of Finance, February 2001) (www.indiabudget.nic.in/es2000-01/social.htm).

955 Written Submission by the Embassy of India, Public Hearings on International Child Labor (Washington, D.C.: U.S. Department of Labor, 1998), 3 [hereinafter Public Hearings on International Child Labor ].

956 Vocational Training for Children in NCLP Schools .

957 Submission of Embassy of India at 9-10.

958 Unclassified telegram, 6/22/00.

959 “Preventing and Eliminating Child Labour in Identified Hazardous Sectors” (Geneva: ILO-IPEC, September 2001).

960 Operation Education: A Commitment to Rehabilitate Children under 14 Involved in Stitching Footballs (Jalandhar: The Sports Goods Manufacturers and Exporters Association, 1998), 2-3 [document on file].

961 Child Labour Surveys: Results of Methodological Experiments in Four Countries, 1992-1993 (Geneva: International Labor Office, 1996) (www.ilo.org/public/english/standards/ipec/simpoc/stats/child/surveys.pdf), 7-8.

962 Public Hearings on International Child Labor .

963 These states and union territories are Assam, Andhra Pradesh, Bihar, Delhi, Gujarat, Haryana, Jammu and Kashmir, Karnataka, Madhya Pradesh, Maharashtra, Punjab, Rajasthan, Tamil Nadu, Kerala, West Bengal, Chandigarh, Pondicherry, and the Andaman and Nicobar Islands. See Public Hearings on International Child Labor and UNESCO Statistical Yearbook 1997 , Table 3.1, 3-10, 3-14.

964 Child Labour in India.

965 U.S. Embassy-New Delhi, unclassified telegram no. 07257, September 4, 1998.

966 Convention on the Rights of the Child .

967 ESA 2000 at Section 2.

968 “Committee on Rights of Child Continues Consideration of Report of India” (www.unhchr.ch/huricane/ huricane.nsf/(Symbol)/HR.CRC.00.4.En?OpenDocument) (HR/CRC/00/411, January 2000).

969 Annual Report 1997-98 (Hyderabad: M Venkatarangaiya Foundation, April 1998), Annex V. See also Reaching the Unreached (Secunderabad: M. Venkatarangaiya Foundation, n.d.) [informational booklet on file]. According to Reaching the Unreached , the program began in 1991 with 68 students in three villages. The MV Foundation Annual Report (page 2), states that, to date, the program is credited with the enrollment and retention of about 80,000 children in school. Between March 1997 and April 1998, 30,000 children were enrolled. To cope with the large increase in enrollment, the MV Foundation mobilized and trained 1,640 education activists to assist the existing 1,470 government school teachers.

970 Interview with S. Ray, principal secretary, Department of Social Welfare, Andhra Pradesh, by U.S. Department of Labor official, May 14, 1998.

971 Country Reports on Human Rights Practices for 2000 (Washington, D.C.: U.S. Department of State, 2001), Section 5 [hereinafter Country Reports 2000—Indonesia ].

972 World Development Indicators 2000 .

974 See Chapter 1, Section C, 5, for a fuller discussion of the information presented in the box. See also Appendix B for further discussion, and Tables 14 through 19 for figures on government expenditure over a range of years.

 

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