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A Research Report Submitted to the Faculty of Law

The Maharaja Sayajirao University of Baroda


In partial fulfillment of a degree of LL.M

2015-16

A STUDY ON PROBLEM OF CHILD LABOUR


IN VADODARA DISTRICT

Research Guide

Research Student

Dr. Archana Gadekar

Mr. Gaurang Rana

Assistant professor

LL.M (1st year of criminal law


group)

Faculty of law

Faculty of law

M.S University

M.S University

Vadodara

vadodara

TABLE OF CONTENT
Acknowledgment
CHAPTER 1
INTRODUCTION

1.1 Introduction .

1.2 Objective of Study

1.3 Scope of Study ..

1.4 Hypothesis of Study ..

1.5 Research Methodology ..

1.6 Limitation of the Study ..

CHAPTER 2

HISTORY, RIGHTS OF CHILD AND PRESENT LAW

2.1 Introduction

2.2 Rights of children


2.3 Factors contribute to the child labour .

CHAPTER- 3

Constitutional and legal safeguards and adverse effects of child labour


3.1 Sectors of Economy in which children work..
3.2 constitutional and legal safeguards.
3.3 Adverse effects of child labour on the health of children..

CHAPTER-4
DATA ANALYSIS

4.1 Questionnaire Method


4.2 Interview Method ...

CHAPTER 5

CONCLUSION & SUGGESTION

5.1 Conclusion
5.2 Suggestion
..

ACKNOWLEDGEMENT

First I would like to thanks the People of Vadodara district for Cooperated with me
on Research topic of A Study on Problem of child labour in vadodara district.
It is my proud privilege to express my heartfelt gratitude towards Dr. Archana
Gadekar (Assistant Professor) at Faculty of Law, M.S. University of Baroda, their
constant guidance & encouragement throughout the study without their constant
guidance and support I would have not been able to complete this research work.
In the end but from the core of my heart I dedicate this research work to respect my
Father Nareshbhai Rana and my Dear friends whose name are Advocate Ankit
Patel, Advocate Akshit Rathod, Advocate Shahina Pathan , Advocate Swetang
Kharadi for assisting me with data collection for the survey.

Date: 26/03/2016

Mr. Gaurang Rana


LL.M (1st Year)
Criminal Law Group

CHAPTER 1
INTRODUCTION
1.1 Introduction
The report is especially for non-doctrinal research on topic of A study on
problem of child labour in vadodara district. It is concerned to a brief study of
operations, functions, tasks, rules and regulation.

Child labour is a universal problem concerning, social and political development


of any county. The child labour force is subjugated which generates problem in
the society.

The children of tender years are exploited and made to work for excessively long
hours on a meager payment by the employers, the widespread poverty and
ignorance made the children work at an early age, causing denial of opportunity
for education, sound health and overall personality development.

Child labour can be defined as any labour force activity by children below a
stipulated minimum age and any work economic or not that is injurious to the
health, safety and development of children.

In preparation of this report I have tried my best to provide all possible


information about the operation, function, task and present situation of child
labour problem in brief and comprehensive form.

Children are future of our country. The development of our country can
associated with the welfare of the children in the society.

International and national status

2 type
Child labour(prohibition and regulation) Act, 1986
Mi.. report of Supreme court and High court
The constitution of India

Objective of study

The objectives or purposes of research are to learn problem of manpower on daily wages workers
working in deferent segment of industry in vadodara district.

The main objectives are given as under:

To study the problems manpower on daily wages workers working in deferent segment of
industry.

To study the rules and procedure to maintain the minimum wages.

Find the reason or cause of variation of minimum wages paid to workers in vadodara district

To find out how many raids or complaint have been made in last three months.

Study the effect of minimum wages spread in vadodara district.

Find out the steps those are taken by government office or particular agency to enforce minimum
wages in vadodara district.

To study the factors related to minimum wages like the reason for working and problem faced by
the daily wages workers.

To study empowerment knowledge sharing, engagement and networking of civil society


organization to accelerate actions at grassroots and national level.

1.3 scope of the study

I am considering or covering in vadodara district only.

My research covering all objective band hypotheses.

Use of questionnaire and interview method for research data collection.

1.4 Hypothesis
The hypothesis or purpose of research is to learn problem of ********** irst )in
vadodara district.
The main hypothesis is given as under:
-

They must also strictly implement the child labour law.

Corruption and negligence of officer entrusted with the task of eradicating ***** must be
dealt with very strictly by the judiciary and executors.

1.5 Research Methodology


In the required data were collected from both primary and secondary sources
The primary data were collected from direct interaction with child labour during survey
(through questionnaire) Informal interview, non participatory observation other meeting.
The secondary data were collected from owner of shops, stall, restaurant, etc.

Sampling Study:-

In required data were collected by sampling method for questionnaire survey systematic
random sampling was done. I have not possible to study all the places of Vadodara
district so I used sampling method for research data collect different information
regarding economic, social and educational status of the child from caste and group.

Questionnaires:-

In required data were collected by questionnaires method for child laborers.

Interviews:-

In required data were collected by interview method used for owner of the shops, stall,
restaurants and Dhabas.

Open Discussion:-

In required data were collected by open discussion with people of the vadodara district.

Personal Checks:-

In required data which was collected by personal checks of area or public places which
are more seen in child labour.

1.7 Limitation of Study

1. Information provided by child laborers or owner of place shall be kept confidential and
shall not be disclosed in any manner except for the purpose of this research only.
2. Owner and children are not known or clear about the present value of law.
3. Limitation of Questionnaire.
4. Many owner or children ****are not giving proper answer or respond to my research
topic and also me.

CHAPTER 2
HISTORY RIGHTS OF CHILDREN AND PRESENT LAW

2.1 Introduction

a) Children are the assets of the nation. They are the future of our country. Child labour
refers to those children who are doing paid or unpaid work in factories, workshops,
establishments, mines and also in the service sector like domestic workers.
b) These children are deprived of their right to education and child hood though it is said
that they are contributing to the income of the family which is affected by poverty. The
child labour (Prohibition and Regulation) Act 1986 is a comprehensive acts which deal
exclusively with the evil of child labour; the reality is very cruel to the children in India.
They are exploited, victimized, tortured by the employers.

.2

Rights of worker

Based on the convention on the rights of worker :


a) Protection from Harmful Influence, Abuse and exploitation and to participate fully in
family, cultural and social life.
b) Ensure maximum extent possible, for the survival and development of the child.
c) Protection against all forms of discrimination or punishment on the basis of the status,
activities, expressed opinions or beliefs of the childs parents, legal guardians or family
members.
d) The best interest of the child shall be a primary consideration in all action concerning
childrens, whether undertaken by public or private social welfare institutions, courts of
law, administrative authorities or legislative bodies.
e) To be registered immediately after birth and shall have the right from birth to a name, the
right to acquire nationality and as far as possible the right to know and be cured for by his
or her parents.
2.3 Factors effective minimum wages.
There are mindsets of parents, mindset of employers and perception of the civil society which are
responsible for the origin, continuance and perpetuation of the phenomenon of the child labour.

Mindset of worker
****
a) Parents are generally known to view education as promise for job.
b) They think and believe that a few hours at the work place are preferable to spending
years in the school where the curriculum course content and textual materials are not
attend to the day to day needs of life and where the teaching learning process is dull,
unattractive, uninteresting and irrelevant.
c) They think and believe that children can substantially contribute to the process of a
incremental income generation for a poor family with a low income.
d) They advocate child labour on the ground of the transfer of intergenerational skills.
e) They harbor and apprehension that educated and unemployed children would simply
be a liability for them.

Mindset of Employers
****
a) Employers regard every working child as a laborers who works for low wages is
easily pliable does not drag the employer into trade dispute has nimble fingers and
therefore is more productive than an adult worker.
b) They discourage education of children on the following grounds.
- Children once educated would start asserting their rights.
- They would refuse to submit to authority.
- Education of the unlettered masses would lead to deterioration of labour
relations.
- It would usurp the system of easy supply of child labour.
c) They look upon their jobs as training for skills.
d) They also look upon their jobs as an experience for getting better jobs at higher
wages.
e) They feel that education curriculum is not job oriented; it does not help in having
prospects of good remunerative employment.
f) Schooling for children implies dependence on family for 5 to 7 years.
g) Many children abhor this dependence.
h) They regard their employment as means to help and support younger siblings.
CHAPTER 3
Constitutional and legal safeguards and Adverse Effects of minimum wages
******************
3.1 Sectors of Economy in which children work

a) Manufacturing sector
Children are engaged in various manufacturing processes of different home
based industries. Very often they work in sub human conditions and
exploitative situations.
Some of these Industries are:
I.
II.
III.
IV.
V.
VI.

Building and construction operations in the whole country.


Modern vehicle repairing workshops all over the country.
Diamond cutting.
Beedi making.
Brass ware.
Match and Fireworks.

b) Agrarian Sector
******
In rural areas children are engaged in agricultural and allied occupations as a
part of family labour or as individual workers.
c) Service Sector
*******
In the service sector children from the part of :Self employed labour, Invisible Labour, Wage based Employment.

3.2 Constitutional and legal safeguards.


*******

1. Constitutional Provisions.
The framers of the constitution of India realize that children are the most vulnerable section of
society and thus are at the maximum risk of being economically exploited. In order to safeguard
children against economic exploitation the constitution make the following provisions.

Fundamental Rights
Article 21A: Right to Education
The State shall provide free and compulsory education to all children of the age of 6 to
14 years in a manner as the state may, by law determine
Right of children to free and compulsory education ACT 2000 has been passed by the
parliament on 4th august 2009, which describes the modalities of the provision of free and
compulsory education for children of the age of 6 to 14 years.
Article 23 (1)
*********
Prohibition of traffic in human beings and forced labour.
Traffic in human beings and beggar and other similar forms of forced labour are prohibited and
any contravention of this provision shall be as offence punishable in accordance with law

Article 24
Prohibition of employment of children in factories etc.

3.3 Adverse effects of nonpayment of minimum wages.


*********
Children work for long hours often in dangerous and unhealthy conditions and are exposed to
lasting physical and psychological harm.

They tend to develop :


I.
II.
III.
IV.
V.
VI.
VII.

Respiratory problems such as asthma, tuberculosis.


General weakness, stunted growth, body ache and joint pains.
Poor eyesight and other eye problems such as watering irritation and reddening of
eyes, loss of appetite
Tumours and burns
Disability by working on looms
Susceptibility to artherities as they grow older.
Mental disabilities.

Forms of Child Labour


I.

Children are engaged

As laborers in both unorganized and informal sectors which do not


come within the purview of the law.

As migrant laborers migrating from rural to urban area (accompanying


migrant parents or otherwise)
As bonded laborers pledged by the parent or guardian to the employer
in lieu of debts or payment.

Gains
NIL

Losses
Educational Deprivation
Loss of Childhood
Early Ageing
Stunted Growth
Fatigue
Loss of productive energy
Low longevity
Loss of eyesight
Loss of hearing
Loss of sensory nerves
As children cross childhood and enter their adulthood,
very and little elan vital will be left in them

CHAPTER: - 4

DATA ANALYSIS
I was using two types of methods for collecting research data related on my research topic of A study on
problem of child labour in vadodara district Those methods are :
1. Questionnaire method and
2. Interview method
4.1 Questionnaire Method:
Questionnaire method use only for owner of such working place and whose living in vadodara
district and now, I am analysis the data which have to collect from owner of working place
situated in vadodara district through 40 Questionnaire. i.e. (In report I am use word of out of
100% means these people cover under my research Questionnaire).
1. Are you aware of mi wa
Yes / no
2.
Q.1 what should be the age of child shall be employed to work?
Minimum wages
Ans. Out of 100%, 60% of owner of work place said 18 years of age and 40% of owner of work
place said 14 years of age for working.

Answers

100%

18th years of age

60%

14th years age

40%

Years of child

2nd Qtr; 40%


1st Qtr; 60%

Q.2 Do you know child labour is punitive to the owner of work place or parents of children?
Ans. Out of 100%, 70% of owner of work place and parents of children known and 30% of owner
Of work place and parents of children unknown for punitive action against themselves.

Answers

100%

Known

70%

Unknown

30%

Punishment

2nd Qtr; 30%

1st Qtr; 70%

Q.3 Do you know that child labour is prevented in all working places?
Ans. Out of 100%, 60% of owner of work place said NO and 40% of owner of work place said
YES to prevention of child labour in working place.

Answers

100%

YES

40%

NO

60%

Prevention of child labour

1st Qtr; 40%

2nd Qtr; 60%

Q.4Is child labour is beneficial to the child?


Ans. Out of 100%, 80% of the owner of work place said YES and 20% of the owner of work
place said NO.

Answers

100%

YES

80%

NO

20%

Benefit to child
2nd Qtr; 20%

1st Qtr; 80%

Q.5 Do you think the child labour is appropriate for the children who are belong to poor family?
Ans. Out of 100%, 70% of owner of working place said NO and 30% of the owner of working
place said YES.

Answers

100%

NO

70%

YES

30%

Appropriate

2nd Qtr; 30%

1st Qtr; 70%

Q.6 isnt it true that children in poor countries must work to feed themselves and their families?

Ans. Out of 100%, 60% of owner of work place said NO and 40% of the owner of work place
said YES.

Answers

100%

NO

60%

YES

40%

2nd Qtr; 40%

1st Qtr; 60%

Q.7 arent children allowed to work in some countries?


Ans. Out of 100%, 50% of owner of work place said YES and 50% of owner of work place
said NO.

Answers

100%

NO

50%

YES

50%

2nd Qtr; 50%

1st Qtr; 50%

Q.8 Do you have any suggestion for child labour?


Ans. Suggestion which given by owner of work place i.e.
To make proper and adequate law, rules and regulation to prevent child labour.
To take immediately action on complains.
Provide facility and declared government scheme for education of children and for their
social life.
Need social awareness in the society.

4.2 Interview Method


Interview method use only for child laborers whose work on such work place of
vadodara district and now I am analysis the data which have to collect from child
laborers of vadodara district i.e.
Q.1 when did you start working?
Ans. Most of age of starting child working is between 10 to14 years if age.
Q.2 why are you working there?
Ans. In most of question answer is for not good his family financial condition.
Q.3 did any one (parents, Brother, sister etc) tell specifically to work?
Ans. Most of children said NO nobody tells or force to work there but on his
own will they are doing work.
Q.4 How many family member do you have?
Ans. In most of question answer is 4 to 6 member in your family.
Q.5 How much money do you earn?
Ans. They earn 1000/- to 2000/- Rs per month.
Q.6 what happens to that money?
Ans. That money spends in house expenses or gives that money to his parents.
Q.7 what is the nature of your work?
Ans. Nature of child work is simple, not hard or not loaded works are doing.
Q.8 what type of work to do?

Ans. They do all type of work like cleaning or washing the dishes, cups and all.
Q.9 Do you get any bonus from customer/owner?
Ans. In most of question they do not get any bonus from owner or customer.
Q.10 why you want to do this job?
Ans. They do this job because in their family there is no other source of income
except them.
Q.11 what is your knowledge and experience in working?
Ans. They didnt have much knowledge and experience about this particular field.
Q.12 what are your working hours?
Ans. Their working hour is 6 to 10 hours per day.
Q.13 How long is your break time?
Ans. There is no specific break time is given to the child.
Q.14 when your weekly off?
Ans. In few question there is no holiday provided to the child and in some
question Sunday weekly off.

CHAPTER: - 5
CONCLUSION AND SUGGESTION
5.1 CONCLUSION

Children constitute the nations valuable human resources. The future well being of the
nation depends on how its children grow and develop.
The great poet Milton said Child Shows the man as morning shows the day. So it is the
duty of the society to look after every child with a view to assuring full development of
its personality.
Children are the future custodians and torch bearers of the Society: they are the
messengers of our knowledge, cultural heritage, ideologies and philosophies.
Children are really future components in the form of great teachers, scientists, judges,
rulers, doctors, planners, engineers, politicians on whom the entire society founded.

Unfortunately millions of children are deprived of their childhood and right to education
and thereby they are subjected to exploitation and abuse.

5.2 Suggestion

To make proper and adequate law, rules and regulation to prevent child labour

To take immediately action on complains.

Provide facility and declared government scheme for education of children and
for their social life.

Need social awareness in the society.