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.