A hundred rupees is all it takes for an employer to go scot-free after putting a child through wretched work conditions in the State. That is the cost of one lost childhood, nowadays.
Past statistics
A penalty not exceeding Rs.100 has been the only ‘punishment’ imposed on nearly 12,000 employers of child labour across Andhra Pradesh over the past 16 years.
Despite the presence of a rigorous ‘Child Labour Prohibition and Regulation’ (CLPR) Act, authorities have prosecuted majority offenders under the feeble ‘A.P. Shops and Establishments’ (APSE) Act which stipulates a pittance as penalty.
While CLPR Act imposes a fine of Rs.10, 000 along with a month-long imprisonment on violators, APSE Act imposes a fine of merely Rs.100 for first-time employers of child labour. Those are caught a second time are fined between Rs.250 and Rs.500 under APSE Act.
Yet 15,054 employers have been booked under APSE Act as against a meagre 2,659 under CLPR Act.
Even as CLPR only prohibits certain ‘hazardous’ employment among children and regulates others, the punishment imposed on violators of the stringent regulations is far higher than that under APSE Act which prohibits all employment among children.
Hence, of the 11,447 employers convicted from 1996 to 2010, a penalty of only Rs.12 lakh has been collected.
Less imprisonments
Moreover, despite the APSE Act stipulating a three-month imprisonment for employers of child labour who have been caught a third time, few have been sent to imprisonment in over a decade. “Only a handful of nearly 12,000 convicted employers have been imprisoned so far as there is no proper track of repeat offenders,” confess officials.
When contacted, officials admitted that cases could have been booked under CLPR Act which stipulates stringent punishment as against a fine of Rs.100 which is barely a deterrent to employing child labour. The cases, however, had been booked under APSE as it completely prohibits employment rather than only regulating it, they added.
Minimum Wages Act
“To overcome the huge lacuna in APSE Act we are punishing offenders under the Minimum Wages Act which imposes heavy penalty,” they said.
Keywords: child labour, labour department
There is no use criticising the government. It is not uncommon to see children skip schools and work as house maids. One can find hundreds of thousands of them in various cities in India. Children in business probably may be in real sense better off, as they at least pick up tricks of starting a business when they grow up. India as a nation has no provision for finer things in life. A nation that is not able to provide clean drinking water to all its children, can't be expected to prevent their exploitation. The plight of the children is the same, in which ever house hold they work. Children are exploited even in the households of rich and educated. While their children go to expensive private schools in cars, the servant children, polish their boots, and get them ready for school and to play with them in the evening. The child servant is replaced by another one if he or she falls sick, and is sent away to take care of themselves. Enormous selfishness is the cause.
Thank you publishing this.
If A child becoming a laborer reflects the economic condition of the family, the family's condition itself is a reflection of the nature of Indian society at large. The Caste system that refuses to go, the land reforms which never happen, the govts which appease the corporates through tax concessions, doling huge tracts of land to MNCs, the education system which is not inclusive.. one can go on finding reasons for the child labor. What we need is societal level change which help to form governments for the people not for the Corporations.
Sir, I know one person/Child who was working in a provision shop. very talented boy as child doing business in TN. Now he is CROREPATI. He has learnt the art of business and opened his own shop and a Multi millionire. We also worked in our fields when we were children and learnt hard work only bring success.Now I am in a high position In Govt. Nothing wrong in working in early days and stand on his own legs.
1. The question should be why the child needs to go for work and earning. If her family had enough to give her enough food, she would not have to go for employment. Is it not government's responsibility to ensure that the children are not seen as another able-bodied who can earn. You cannot solve a mis-deed by punishment. You should ensure that there is no NEED to commit the mis-deed.
Dear Mr. Rangan, Thank you for the well written article. I have followed this news with interest and it is clear that the authorities in Andhra Pradesh have made a mockery of law and procedure. From your previous article published on June 18 about recovery of minimum wage, it is shameful that the National Commission has sought to replicate the A.P. model when it is apparent that if 5 cr. fine is recovered from 35,000 employers, only 1400 Rs. has been collected from each child - shameful ! Even here it is clear that 11,44,70,000 Rs. should have been collected as minimum fine under the Child Labour Act, whereas another 20,000 Rs. should have been collected as fine under the Supreme Court guidelines. Shameful for the authorities - like this they will never be able to eliminate child labour. Thank you once again and kudos for bringing such an important issue to light.
Child labour are trying to know their rights. it's very essential to them.
No one can recognize these type of children.They have lost their beautiful childhood.In India the bad condition is Rich people are become more rich and also poor people are become more poor.Now this time India is running this way.When the time India is changed?Now this generation is also very dangerous especially for children.They don't know what they have done?So,I give a small advise, that is when the time you saw the child labour please take care about them.Please try to change?
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