As you know the Rajya Sabha has passed the Child Labour Bill on 19th July, 2016, it will now be coming to the Lok Sabha for discussion. If passed, the Bill will have following consequences:
- In this bill, which appears to do away with the child labour up to the age of 18, there are two caveats which would have the effect of legitimizing child labour through the back door and increase the exploitation of children.
- It has allowed for legalizing child labour,
a. in (Sec.3a), helping his family and family enterprises other than hazardous occupations set forth in the schedule. Allowing children to work in so-called family enterprises would legalize at least three-fourth of child work which presently is unlawful. This will also trap children into traditional caste-based occupations and perpetuate social injustice.
b. (3b), works as an artist in an audio-visual entertainment industry. Legalizing children in audio-visual entertainment industry will put them in harm’s way by making them vulnerable to sexual exploitation, long hours of work and deny them a normal childhood.
- It also places unfair burden on the poor children as the children of the rich and upper class/ castes are unlikely to be put to work.
- This law criminalizes (Sec. 18) the parents which is not in the best interest of the child. Criminalizing parents mean penalizing people who are already trapped in poverty and failing to recognize that the parents are also victims, not the perpetrators of child labour.
- The shortened schedule which is proposed in the sec. 22, omits many occupations which have devastating effects on the physical and mental health of the child. Removal of hazardous processes will lead to contravention of UNCRC. There will be no separation now about what is hazardous for the child and what is hazardous for the adult.
Therefore, we request you to oppose the Bill and to push for the two following Amendments:
- In clause 5 of the Bill, the proviso to the amended section 3 should be deleted. After deletion, caluse 5 will read as under-
“5 For Section 3 of the principal Act, the following section shall be substituted, namely:-
“3. No child shall be employed or permitted to work in any occupation or process.”
- Delete sec. 18 to ensure that parents are not put under penal provisions.
