Solicitud directa (CEACR) - Adopción: 2020, Publicación: 109ª reunión CIT (2021)

Convenio sobre la edad mínima, 1973 (núm. 138) - India (Ratificación : 2017)

Otros comentarios sobre C138

Solicitud directa

2023
2020

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The Committee notes the Government’s first report.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and application of the Convention in practice. The Committee notes the Government’s indication in its report that following the adoption of a National Policy on Child Labour in 1987, a National Child Labour Project (NCLP) Scheme was launched and implemented by the Government since 1988. The objective of the NCLP Scheme is to identify children and adolescents involved in child labour and hazardous work and rehabilitate them through the Special Training Centers (STCs) and mainstream them into formal education. According to the Government’s report within this Scheme, children in the age group of 5–8 years get directly linked to the formal education system under the Sarva Shiksha Abhiyan (SSA) Scheme (Education for all), while children of 9–14 years are enrolled in STCs that provide non-formal/bridge education before being mainstreamed into formal education. Apart from the bridge education, children in the STCs are provided with vocational training, mid-day meals, healthcare facilities and a stipend of 400 Indian Rupee (INR) (approx. US$5.32) per child per month. Adolescents of 14–18 years who are withdrawn from hazardous work are linked to skill training centres for vocational training. The Committee also notes from the official website of the Ministry of Labour and Employment (MOLE) that at present the NCLP scheme is being implemented in 266 child labour endemic districts in 20 states, with 7,311 STCs currently in operation with 320,000 children enrolled. To date, about 895,000 children have been mainstreamed into the formal education system under this scheme. Moreover, funds are also provided under the Grants-in-Aid Scheme to Non-Governmental Organizations for the elimination of child labour in districts not covered by the NCLP scheme. Currently, about 70 voluntary agencies are provided with such assistance.

The Government report also indicates that it is focusing on the convergence of various departmental initiatives to alleviate poverty, provide social security, economic and social empowerment of child workers and their families. Accordingly, under the revised NCLP guidelines, emphasis has been placed on the convergence of benefits under SSA and other schemes of the Government, such as the School Uniform Scheme; employment opportunities to the parents of children withdrawn from child labour by the Ministry of Rural Development through the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) of 2005; and the provision of subsidized food grains by the Ministry of Consumer Affairs, Food and Public Distribution under the Food Security Act.

The Committee also notes from the ILO-IPEC publication entitled, Impact of Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) on Child Labour, 2013, that the MGNREGS is one of the most ambitious centrally sponsored schemes of India that has demonstrated varying degrees of success across the country. This publication also indicates that there has been a reduction of 3.8 million child labourers during the period from 2004–05 to 2009–10 primarily in the rural areas due to the various interventions made by the Government including the Mid-Day Meal Scheme, the SSA and the MGNREGS. The Committee further notes that the ILO project to support the implementing initiatives to eliminate child labour, entitled MAP16, is being implemented in the States of Chhattisgarh, Bihar and Uttar Pradesh. The Committee notes, however, that according to the data from Census 2011, of the 259.6 million children in the age group of 5–14 years, about 10.1 million children (3.9 per cent of the total child population) are engaged in child labour. The Committee requests the Government to continue its efforts to ensure the progressive elimination of child labour in the country, including within the framework of the existing programmes such as the NCLP, SSA, MMS and MGNREGS and to provide information on the results achieved. It also requests the Government to provide information on the implementation of MAP16 project and the results achieved. The Committee further requests the Government to provide updated statistical information on children involved in child labour and hazardous work in the country.

Article 2(1) and (4). Minimum age for admission to employment or work. The Committee notes that, in ratifying the Convention, India specified a minimum age of 14 years for admission to employment or work within its territory, pursuant to Article 2(1) and (4) of the Convention. The Committee notes that according to section 3(1) of the Child and Adolescent Labour (Prohibition and Regulation) Act of 1986 as amended in 2017 (CAL(P&R) Act) no child, defined as persons who have not completed 14 years of age, shall be employed in any occupation or process. Section 25 of the CAL(P&R) Act amending section 109 of the Merchant Shipping Act of 1958 states that no person under the age of 14 years shall be engaged or carried to sea to work in any capacity in any ship. Furthermore, according to section 67 of the Factories Act, 1948 no child who has not completed his fourteenth year shall be required or allowed to work in any factory.

Article 2(3). Age of completion of compulsory education. The Committee notes that according to section 3(1) of the Right of Children to Free and Compulsory Education Act, 2009 every child from the age of 6 to 14 years shall have the right to free and compulsory education, in line with the minimum age for admission to employment or work.

Article 3(1) and (2). Minimum age for admission to and determination of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee refer to its detailed comments under the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee notes that Part B of the Schedule to section 3A of the CAL(P&R) Act lists 54 types of occupations and processes where children (below 14 years) are prohibited to help in family or family enterprises. However, the Committee observes that some of the occupations listed under Part B appears to be hazardous to children of 16 years and above, including, work relating to the construction of a railway station or any work done in close proximity to or between railway tracks; manufacturing or handling of pesticides and insecticides; manufacturing or processing and handling of corrosive and toxic substances; and operations involving dangerous machines like hoists and lifts, lifting machines, chains, ropes, revolving machinery, power presses, and machine tools used in metal trades. The Committee further notes that according to section 13 of the CAL(P&R) Act, the appropriate Government may, by notification in the Official Gazette make rules for the health and safety of the adolescents employed or permitted to work in any establishment or class of establishments. The Government may be reminded that Article 3, paragraph 3 of the Convention authorizes the employment of children in hazardous occupations only from the age of 16 years subject to the condition that their health, safety and morals are fully protected and that they receive adequate specific instruction and vocational training in the relevant branch of activity. In this regard, the Committee requests the Government to take the necessary measures to ensure that children can only be employed in hazardous work from the age of 16 years subject to the conditions laid down under Article 3, paragraph 3 of the Convention. It also requests the Government to provide information on any rules issued by the Central or State Government pursuant to section 13 of the CAL (P&R) Act or any other measures taken or envisaged to protect children between 16 and 18 years who are working in hazardous occupations.

Article 6. Vocational training and apprenticeship. The Committee notes that according to section 3 of the Apprentices Act of 1961, a person shall not be qualified to undergo apprenticeship training in any designated trade, unless he/she is not less than 14 years of age, and for designated trades related to hazardous industries, not less than 18 years of age and satisfies such standards of education and physical fitness as may be prescribed.

Article 7(1), (3) and (4). Minimum age for admission to light work and determination of light work. The Committee notes that there are no provisions regarding light work by children under the national legislation. The Government’s report also does not contain any information regarding permissible light work for persons below the minimum age. In this regard, the Committee notes that about 10.1 million children under the age of 14 years are engaged in child labour in the country. Noting that a high number of children below the minimum age are involved in child labour, the Committee requests the Government to indicate whether it intends to avail itself of the flexibility clauses under Article 7 of the Convention by adopting provisions to regulate and determine the light work activities performed by children over 12 years.

Article 8(1) and (3). Artistic performances. The Committee notes that section 3(2)(b) of the CAL(P&R) Act, permits a child below 14 years to work as an artist in an audio-visual entertainment industry or sports activities except circus, subject to such conditions and safety measures as may be prescribed and provided that such work shall not affect the school education of the child. Further according to the rules and conditions set forth under the Child Labour (Prohibition and Regulation) Rules 1988 as amended in 2017, a child who is allowed to work as an artist shall not work for more than five hours a day and for not more than three hours without rest. Moreover, a permission from the District magistrate is required after furnishing such details to the District Magistrate concerning the consent of the parents/guardian of the child, safety and security measures in place for the child artist and a disclaimer specifying the measures taken to prevent any abuse, neglect or exploitation of such child during the entire performance. The permission so granted shall be valid for six months and shall clearly state the provisions of education, safety and security as prescribed in the guidelines and protection policies issued by the Central Government.

Article 9(1). Penalties. The Committee notes that according to section 14 of the CAL(P&R) Act any person who employs a child or permits a child to work in contravention of the provisions of sections 3 and 3A (regarding the employment of children and adolescents) shall be punishable with imprisonment for a term of six months to two years, or with a fine of not less than INR20,000 (approximately US$266) and not more than INR50,000 (US$665) or with both. In case of a second or subsequent offence of employing a child or adolescent the penalties shall be increased. The Committee requests the Government to provide information on the application in practice of section 14 of the CAL(P&R) Act concerning violations regarding the employment of children and young persons, including the number of violations and types of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that as per section 11 of the CAL(P&R) Act every employer employing an adolescent shall maintain a register to be made available for inspection by an inspector at all times during working hours. Such register shall contain the name and date of birth of such adolescent as well as the hours and nature of work and other particulars of such employment.

Labour inspection. The Committee notes that according to section 17 of the CAL(P&R) Act, the appropriate government shall appoint inspectors for the purpose of securing compliance of the Act and shall make or cause to make periodic inspection of the places where children are employed at such intervals to monitor compliance of the Act (section 17B). Section 17A further empowers the appropriate Government to confer such powers and duties on a District Magistrate as may be necessary to ensure that the provisions of this Act are properly carried out. The Child and Adolescent Labour (Prohibition and Regulation) Rules 1988 as amended in 2017 further spells out the duties of the District Magistrate and the inspectors in securing compliance with the provisions of the Act as well as provides for the creation of a system of monitoring and inspection for carrying into effect the provisions of section 17 of the Act.

The Committee further notes the Government’s information that the MOLE has developed a standard operating procedure (SOP) in 2017 aimed at creating a ready reckoner for trainers, practitioners and monitoring agencies to ensure complete prohibition of child labour and protection of adolescents from hazardous child labour ultimately leading to Child labour Free India. Moreover, an online Platform for Effective Enforcement for No Child Labour (PENCIL Portal) has also been launched by MOLE in September 2017 to ensure the effective implementation of the child labour legislations and the NCLP scheme. This portal consists of five components namely child tracking system, complaint corner, central government, state government and National Child Labour Project society level. The online complaints received through the PENCIL Portal are directly routed to the District Nodal Officers (officers designated by a Ministry, Government Department, Public Sector Undertaking or Organisation), for its disposal in a time bound manner and for submission of status reports within a specified time. The Committee further notes that according to information from the official website of the MOLE there are a total of 620 District Nodal Officers and that since the launch of PENCIL, a total of 181,380 children were identified as involved in child labour.

The Committee finally notes that according to the data provided by the Government on the enforcement of the CAL(P&R) Act received from the State Governments from 2016 to 2018, 877,141 inspections were carried out; 7,990 violations were detected; 4,780 prosecutions were carried out; and 2,081 convictions were issued. Further, until May 2019, 132,858 inspections were carried out; 300 violations were detected; 198 prosecutions were carried out; and 25 convictions were issued. The Committee strongly encourages the Government to continue taking effective measures to identify and combat child labour including through strengthening the capacity and reach of the labour inspectors and District Nodal Officers to areas where child labour is more prevalent. It also requests the Government to continue to provide statistical information on the number and nature of violations of child labour provisions detected by the labour inspectors and penalties applied as well as the number of complaints of child labour received through PENCIL Portal and disposed by the District Nodal Officers.