REGISTERED No. D. (D)—72
The Gazette of India
EXTRAORDINARY
PART I—Section 1
PUBLISHED BY AUTHORITY
No. 57] NEW DELHI, FRIDAY, MARCH 13, 1931/PHALGUNA 22, 1902
Separate paging is given to this Part in order that it may be filed as a separate
compilation
(191)
1445 GI/80
192 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—SEC. 1]193
194 THE GAZETTE OF IND1A : EXTRAORDINARY [PART 1—SEC. 1]MINISTRY OF LABOUR
RESOLUTION
New Delhi, the 13 th March, 1981
S.27025/9/80-CL:— Government of India has constituted a Committee on Child Labour vide their Resolution No. S-27025/6/ 78-FAC dated 6/7th February, 1979. The Committee submitted its report on the 29th December, 1979. The recommendations of the Committee were considered by the Government and the decisions of the Government thereon are shown in the Appendix.
APPENDIX
Summary of the recommendations and decisions taken
Recommendations of tne Committee on Child Labour
Decision of Government
Accepted.
5 1 The Committee would wish to underline that all future action in respect of child labour would depend very much on how intensively occupations in which children are employed are studied and remedial action determined thereafter. Accordingly, it recommends more studies to be sponsored in this regard to gather information and data about workingchildren and their working conditions. This task should be spearheaded by the Ministry of Labour which should have an appropriate cell to sponsor such studies in consultation with the Department of Social Welfare, and other concerned Ministries and to coordinate further action (Paras 1.21, 1.22 and 2.7),
Accepted.
5 2 The Committee recognises that a multiple policy approach is necessary in dealing witktheproblcmsofworkingchildrcn. They have to beseen dis- tinctly in thecategoricsof wage earning employment; as paid family workers; as apprentices in traditional to crafts and as working and schooling. Each specific category lias itsown peculiar problems which need to be attended to comprehensively. (Para 2.16).
Accepted with the modifications that the Advisory Boards should only function in an advisory capacity and the executive responsibility for implementing the recommendations of the Boards would rcsl wiih the Government concerned.
5 % The Committee recommends constitution of Advisory Boards both at the Central and at State levels to keep aconstantsurveillanceon the problems of working children. These Boards should have representatives of Govern- ment as well as those of voluntary organisations and trade unions. The Boards should have the powers and resources to undertake investigative studios and surveys to locate the specific areas where regulation of child labour is called for. It should also review periodically the results of the implementation of the existing legislation and a rcpo ii on the working of the advisory boards should be placed on the Table of the House for Parliament or Assembly, as the case may bo (para 3 .163),
195
Decision of Government
Recommendations of the Committee on Child Labour
The Committee was of the opinion that the time is not 5.4 The Committee is of the view that ths minimum age should be prescribed
ripe for accepting this recommendation.
for the children for entering any employment. Tt accordingly recommends that the minimum age for entry into any employment should be 15 years and that the existing laws which prescribe an age lower than this should be sui- tably amended. Correspondingly, the age for adolescents should be specified as between 15 and 18 years (para 3.156 and 3 ,157).
Accepted. Subject to the remarks against Para 5.4. 5.5 The Committee is strongly of the view that there w a paramount need for aa urgont action on the part of the Government to bring into a proper focus the laws relating to employment of children. To avoid any ambiguity in respect of the basic objectives, the Committee recommends that the existing laws relating to prohibition and regulation of employment df children should be consolidated into a single comprehensive one. The new legislation should adopt uniform definitions of the expressions of Child' and 'adoles- ciiit'au.l prescribe the "hours' of'work', 'condition of work', etc. The new law should also have flexibility of extending gradually the provisions con- tained therein to other occupations, such as mechanised agriculture, horti- culture, forestry, fisheries etc. (para 4.1491.
5.6 The Committee recommends that concerted steps be taken within five years to achieve the objective of providing minimum educational qualifica- tion, say eighth standard or equivalent for entry into any regulated employ- ment (paras 3.154 and 4).
The Committee felt that although the objectives of pro- viding education for all the children was desirable, it might not be practicable to achieve this objective within five years and that it might not also be desirable to prescribe such qualification for all employments. The Committee, therefore, decided to accept the re- commendation with modifications. The modified recommendations as accepted by the Committee reads as follows:—
"Steps be taken to achieve the objective of provi- ding minimum educational qualifications, say eighth standard or equivalent."
Accepted.
5,7 Tho Committee strongly urges that serious attention be given towards strongthenjng tho existing machinery for enforcement of legislation relating to employment of children and that duo rccogrition should alno be given in this regard to the role of voluntary agencies and trade union (para 3.159).
Accepted.
5.8 Th; C)mnittei r";ommvxds to th~ Givertimsni to initiate dialogue with the trade unions at an early date so that some institutional framework could bs evolved for ensuring collective bargaining in rospect of the needs of working children (para 3.160).
Accepted.
5.9 The Committco recommends that the penalty provided In the existing laws for violation of provisions relating to child labour should be made more de- terrent. The punishment for the first offence should be imprisonment which may extend to one year or fine extending to Rs. 2090/- or both. In the case of s" i ll or coV.i i '.ling offence, the penalty should bo only imprisonment and that, too, upto two years (para 3.161).
It was agreed that tho Institute of Applied Manpower Research might be requested to conduct the study.
5.10 The Committee recommends to tho Planning Commission to work out the fusibility of taking away all children below the age of 15 years from the la- bour market in or Jir to find employmsnt for the unemployed able-bodied persons, between the age group of 15 and 59 in the country, and to work out a cost benefit analysis of this proposition (para 4,2).
Accepted,
5,11 While accelerated efforts are necessary in national planning to improve th; earnings of adult workers, the Committee feels that stricter enforcement of the Minimum Wages Act needs to bo ensured. In this regard greater participation should be sought of the entire administrative machinery, (para .4.4).
5.12 The Committee feels that a more meaningful and effective educational
policy is called for to take into account the following;— (a) change of curriculum and integration of educational requirements with
local crafts;
(b) greater involvement of voluntary agencies; (c) changes and adjustments in the schedule of vacations and holidays to
coincide with environmental requirements (paras 4.5 and 4.6).
The representative of the Ministry of Education informed that the 3 points raised in these recommendations had already been endorsed by that Ministry for adpp- tion. Specific details of various programmes which the Ministry was undertaking in line with these reoom- m;adations for inclusion in sixth five year plan were also given by him. The members of the Empowered Committee however underlined that the Ministry of Education should also seek involvement of various other concerned Ministries and Agencies while for- mulating the details of these schemes.
1445 GI/80—2
196 THE GAZETTE OF INDIA : EXTRAORDINARY [PART I—SEC. 1JRecommendations of the Committee on Child Labour
Decision of Government
5.13 The Committee would also underline more comprehensive statutory pro- visions for providing educational facilities for child workers and to include education as a part of labour welfare measures to be adopted by employers. 11 recommends arrangements for non-formal education in areas where there 1 s concentration of working children (paras 4,9 and 4.8).
The Committee felt that it is not feasible to make any statutory provisions in labour laws for providing educational facilities to child workers, but that the employers should be otherwise encouraged to include education to such workers as a part of labour welfare measures. The Committee accepted the recommenda- tion for suitable arrangements being made for non- formal education in areas where there is concentration of working children.
5.14 The Committee recommends that in rural areas, creches child-care cen- tres should be established at the school premises, or at the community cen- tres, so as to encourage girls who have to take care of young siblings in the family to attend schools. This arrangement would also be of great help to working parents, (para 4.7).
The Committee agreed with the general spirit behind this recommendation. It, however, felt that the actual modalities for developing such facilities should be considered in greater detail by the Ministry of Social Welfare in consultation with all other Ministries and agencies.
5. 15 The Committee underlircs the need for periodical medical check-ups to be linked with national health schemes in respect of child workers, (para 4.10).
The representative of the Ministry of Health infermed that there was no national health scheme as such but medical facilities were providod to the citizens as per the programme decided by the Central and State Governments. The Committee felt that the recommen- dations underlined an area of neglect and that it was necessary to undertake implementation of specific health schemes both preventive and curative parti- cularly in areas in which there is large concentration of child workers.
Accepted.
5.16 The Committee feels that constant attention needs to be paid to keep the working environment hygkmically free especially in places where children are employed, (para 4,11).
The Committee underlined that suitable encouragement should be given to employers to implement such pro- grammes.
5. J7 Supplementary nutrition is to be provided to working children by the em- ployers who could be given suitable subsidy for this programme. The possi- bility of imposing a cess or alternatively, to allow concessions in taxes etc. to employers who undertake to implement the schemes as envisaged above, and other welfare schemes, needs to be considered seriously, (paras 4.12 and 4.9)
The recommendation was accepted after the clarification that the housing schemes would be for parents parti- 5.18 Greater emphasis is needed on housing schemes and provisions of basic amenities in areas in which large number of children are working (para 4.13).
cularly in areas where there were large number of child workers so that the parents should have a healthy environment for their living.
Accepted.
5.19 More library and read ing facilities linked with special teaching classes for
working children need to be established fa selective areas (para 4,14).
Accepted.
5.20 Arrangements for recreational and cultural activities should be provided in areas in which there are large number of working children (paia 4.15).
5.21 The Committee recommends effective enforcement of the Apprentices Act and the setting up of separate vocational guidance clinics and employ- ment bureaus for children (para 4,17).
The Committee did not support the idea of separate employment exchanges for children. It however accepted that the enforcement of the Apprentices Act should be made more effective and vocational guidance facilities should be made available for children of the age of 14 and above.
The Committee accepted the recommendation in principle and also decided that for identifying the hazardous occupations, the Indian Institute of Health and Occu- pational Diseases and DGFASLI may be asked to conduct a study.
5.22 The Committoe also underlines the need for a more systematic effort for identification of hazardous occupations and for detecting occupational disea- ses and their treatment. There arc several areas both in the organised and unorganised sectors where children are exposed to serious hazards, but no efforts have so far been made to regulate their employment (paras 3.162 &. 4.20).
This recommendation was accepted in principle.
5.23 The Commltteo recommends a more purposeful effort on the part of tho madia to create greater social consciousness in respect of evils of child labour (para 4.21).