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How are the children going to eat in India after the ban?

Bhuwan Thapaliya - 8/22/2006

The pathetic sight of poor children carrying sacks, polishing shoes, selling newspapers or washing dishes in the roadside inn is one of the most common sights in India, home to the largest number of child labourers in the world. According to government figures, nearly 13 million children work in India and considering this social disparity, the Indian government is banning the employment of children under age 14 as domestic servants or as workers in hotels and restaurants in its desperate attempt to save the children from being exploited.

The proposed ban has been imposed under the Child Labour (Prohibition and Regulation) Act, 1986, and will be effective from October 10. The labour ministry said the ban would come into effect from October 10 and those violating it could face a jail term up to two years and a maximum fine of 20,000 rupees ($430), according to the official sources.

"The committee while recommending a ban on employing children in these occupations, had said that these children are subjected to physical violence, psychological trauma and, at times, even sexual abuse," a government statement said, referring to the Technical Advisory Committee on Child Labor.

"The concern however is how these children will sustain themselves once they are out of these jobs, if their families are not provided financial assistance by the Government," most observers are saying.

Critics say, until the government comes up with something very concrete, child labour is going to continue even after the banning. They ask realistic questions like these, “How are the children going to eat?” and what are these kids going to do if they can't work?”

According to them, the government must improve other things before this law is introduced because preventing them from working is going to make the situation worse.

“The government should let them work but see that they are not unduly exploited and have a first-class working condition. They must make a system where able kids who want to work should be able to work with proper supervision,” most of the critics are saying.

Meanwhile, experts say, child labour and poverty are cause and effect. The children's entry into the labour force is triggered by poverty but also perpetuates their families' poverty. Thus, helping the children break away from child labour is breaking the cycle of poverty, and breaking the cycle of poverty helps children break away from child labour.

Considering this, if the Indian government is really serious in addressing the child labour problem, its initiatives must contribute to addressing core issues related to poverty alleviation. For these reasons, there is a need for an analytical understanding of this issue, while not denying the psychological and sociological dimensions to this problem.

There are no exact figures available on the number of child workers employed in Indian homes, but estimates by the National Domestic Workers Movement show that there are about 80 million domestic workers in India. And, unfortunately, the numbers of children exploited as laborers has increased even with the increased number and quality of interventions responding to the children's conditions. This is the gloomy paradox haunting India.

Moreover, India's 1986 Child Labour (Prohibition and Regulation) Act, children under 14 are already banned from "hazardous" industries but the ban has lost its impetus, and given the government's poor record; some do not expect the latest ban to be effective either. Where do all these leave the children? The mountain of doubt looms as large as ever.