CHAPTER-1

GENERAL INTRODUCTION

1.1 INTRODUCTION:

Social norms and economic realities mean that child labor is widely accepted and very common
is Bangladesh. Many families rely on the income generated by their children for survival, so
child labor is often highly valued, additionally, employers often prefer to employ children
because they are cheaper and considered to be more compliant and obedient than adults.

When children are forced to work, they are often denied their rights to education, leisure and
play; they are also exposed to situations that make themvulnerable to trafficking, abuse, violence
and exploitation. Millions of children are reported not to attend school, however estimates vary
among children aged 5-14, about five million, are economically active. Child labor is a narrower
concept then working children. According to the international labor Organization definition
(right), there are about 3.2 million child laborers in Bangladesh.

Child labor is a visible part of everyday life in Bangladesh: young children serve at roadside tea
stalls, and weave between cars selling goods to motorists. Other children work in jobs that are
hidden from view, such as domestic work , which makes monitoring and regulation difficult, On
average, children work 28 hours a week and earn 222 taka (3.3USD) a week.

1.2 STATEMENT OF PROBLEM:

This is an exploratory study which is done as qualitative study to analyze the challenges for
developing countries like Bangladesh to elimination the child labor. The findings of this study
will contribute to the planners and policy makers to check out an appropriate and effective policy
for elimination of child labor and child rights special focus on our children. And for spreading
social awareness among the people of Bangladesh this study may be used as an important
element child labor.

1
1.3 RATIONALE OF STUDY:

Child labor is not only a national issue, it is a global concern. Great portion of children who are
working factories, they are out of interaction with the common people. They do not get peoples
attentions and this is the major obstacle to developing a policy for the benefit of the working
children on the total number and situation. So I do hope, may study will help to fulfill the gap a
little at least.

1.4 OBJECT OF THE STUDY:

The general purpose of this study focuses on the trend, impact and legislation of child labor and
child rights in Bangladesh .And other specific purposes are given below:

1. To examine the original background of child labor and child rights.

2. To examine the reason for the child labor in Bangladesh.

3. To examine the existing law relating child labor in Bangladesh.

4. To examine the child labor and child rights in present from.

5. To examine the protection of child labor rights.

6. To examine the current scenario and tends of child labor and child rights in Bangladesh.

7. To explore the causes of child labor around the country.

8. To put forward recommendation.

1.5 METHODOLOGY:

This is a document review type of study based on available information. It is exploratory in

nature and based on qualitative approach. Survey method for collecting data and information are
also used in this study. The key informations were taken from the representatives of government,
representatives of Media Corporation, representatives of human rights, child laborers, child labor
rights. Blogs, website, newspaper and aware people who have expert knowledge of child labor

2
and child rights. Qualitative as well as quantities method will be applied to analyze the
information to write this study.

1.6 LIMITATION OF STUDY:

Due to lack of experience, there is a probability of having mistake though best effort has been
applied to avoid all kind of mistake. Sometimes the officials had been unable to provide
information because of their huge routine work. Due to shortage time could not get depth
knowledge on the relevant subject matter. Sufficient records facts and figures are not available.
These constraints narrowed the matter. Due to lack of experience, there is a probability of having
mistake though best effort has been applied to avoid all kind of mistake.

1.7 LITERATURE REVIEW

Child labor is an important subject, several research works have been done and books are
published on this tropic but none of them contains any adequate information about this tropic.
Some books which bear much significance are being stated below

Dr.Mizanur Rahman, in the book entitled child labor& human rights Child labor is often
associated with exploitation. There is exploitation whenever a child is (a) underemployed or not
paid at all, (b) made to perform tasks which place his/her physical and mental health and
development at risk, (C) made to work excessively long hours, (d) subjected to ill-treatment, and
(e) denied fundamental rights. But he does not discus about the right to the child laborer, the
present study will discuss about this right detail.

Dr,khelada salahuddin in the book entitled child labor in Bangladesh ,Many of their jobs that the
children are required to perform are harmful for their physical development. These growing
children suffer from ill-effects of overexertion, lake of hygiene and other problem arising out of
the hard work. Working in unfavourable and unhealthy surrounding (such as bad weather, dust,
smoke, etc.) because bronchitis tuberculosis and various forms skin diseases. Malnutrition of the
majority of these hardworking children resulting from lake of proteins amino acids, calcium, etc.

3
In their diet may cause serious mental retardation. The condition and atmosphere in which the
jobs are performed are in congenial and harmful for the children and its ill effects are likely to
reach out into their future lives. He discuss the harmful effects of child labor but he does not
discuss how can solve this arising problem out of the harmful work. The present study will
discussed about this solution.

Dr.Ridwanul hoque in the book entitled Elimination of the worst of child labor through law in
Bangladesh International and national efforts towards eliminating child labor have an old history.
Several international instruments and policies seek to address the problem of child labor
including the WFCL. Most significant of these instruments have been the United Nations
Convention on the Rights of the Child 1989 and the two ILO Conventions, namely, the
Minimum Age Convention 1973 (No. 138) and the Worst Forms of Child Labor Convention
1999 (No. 182). These Conventions have basically sought to infuse rights-based arguments into
the child labor debates, there being other important dimensions such as economic and social
dimensions in the issue of child labor, analyses of which need further improvisation.
But he does not give a clear idea about for their improvisation

So from the above discussion we come to learn that none of the books or the research work I will
try to discuss the reason effect and elaborately and have to a rational discussion about the child
labor in Bangladesh a challenge of 21st century under existing laws relating to child labor in

1.8 DURATION:

The study will cover three months from December-2014 to march-2015.

1.9 CHIPTERIZATION OF STUDY

The entire study is divided into seven chapters. The first chapter in a general introduction, the
second chapter deals with General concept, the third chapter deals with reasons behind child
labor, the four chapter deals with the effects of child labor, the five chapter deals with the
existing laws relating to child labor in Bangladesh, the six chapter deals with the Government
and non-government activities against child labor and the seven chapter deals with the General
conclusion.

4
1.10 CONCLUSION:

In Bangladesh child labor as a problem did not grow directly with the growth of factories
engaged in the business of surplus production. rather it seems to be related with on the one hand
,the economic hardship caused by a too large population and meager means of subsistence and
on the other, the growth of modern urban centre drawing in a large number of rural families.
Child sensitivity approach has to be strong along with adopting multiplier measures, but the good
news is that child labor problem has attracted a large concerted measures .But the good news is
that child labor problem has attracted a large concerted attention in recent times and the
government, NGOs and some private organizations are though less than needed, working with
view to solving the problem and consequently the rate of child labor and child rights has
decreased in a little

5
 CHAPTER 2
GENERAL CONCEPT

2.1 INTRODUCTION

Child Labor refers to an economic practice as well as to the consistent social evil. As an
economic practice child labor signifies employment of a child in gainful occupation or a material
contribution to the income of a family. Child labor as a social evil can be understood in the
context of the nature of the job in which the child is engaged, the danger to which he is exposed
in his work and the desirable opportunities of which he is deprived by virtue of his untimely
employment.

Child labor is often associated with exploitation. There is exploitation whenever a child is (a)
underemployed or not paid at all, (b) made to perform tasks which place his/her physical and
mental health and development at risk, (C) made to work excessively long hours, (d) subjected to
ill-treatment, and (e) denied fundamental rights.1

Given that hazardous work or worst forms of labor harmfully impact the childs health and
development, the elimination of the worst forms of child labor has turned out to be a universal
concern. The elimination of this evil, however, is not as easy a task as it appears to be, which
becomes clear when one looks at the record. Nearly or over 250 million children between 5 and
14 years of age are working world-wide, which is 0% of the total number of children of this age
group, while about 45% of the working children are engaged in hazardous work. The picture of
working children in Asia is alarming; the region produces about 62% of worlds working
children. To take the case of Bangladesh, this seems worse than some others, about 6.5 million
children (5 to 14 years of age) of the country are working children, which constitutes l6.6% of
the total labor force of these working children, about 3.2 million are reportedly engaged in labor
in both rural and urban areas While about 4O% of them are found in hazardous occupations
and approximately 2O% in seriously risky or worst forms of laborInternational and national

1
Dr. MizanurRahman ,Child Labor & Human Rights : Bangladesh Perspective, Journal of the
Faculty of Law, The DhakaUniversity Studies Part-F, Vol. 5(1) June 1994 P.75

6
efforts towards eliminating child labor have an old history. Several international instruments and
policies seek to address the problem of child labor including the WFCL. Most significant of
these instruments have been the United Nations Convention on the Rights of the Child 1989 and
the two ILO Conventions, namely, the Minimum Age Convention 1973 (No. 138) and the Worst
Forms of Child Labor Convention 1999 (No. 182). These Conventions have basically sought to
infuse rights-based arguments into the child labor debates, there being other important
dimensions such as economic and social dimensions in the issue of child labor, analyses of
whichneed further improvisation.2

2.2 WHAT IS CHILD LABOR?

Child labor is done by any working child who is under the age specified by law. The word,
work means full time commercial work to sustain self or add to the family income Child labor
is hazard to Childs mental, physical, social, education, emotional and spiritual development.
Broadly any child who is employed in activities to feed self and family is being subjected to
child lobar.3
Child lobar is work that exceeds a minimum number of hours, depending on the age of a child on
the type of work. Age 5-11 at least 1 hour of economic work or 18 hours domestic work per
week. Age 12-14 at least 14 hours of economic work or 14 Hours domestic work per week. Age
15-17 at least 43 hours of economic and domestic work per week.4
International lobar organization (ILO) convention 138(1973) and 182 (1999) define child
labourer as all children younger than 12 working in any economic activities, children 12-14 years
old engaged in more than light work, and all children engaged in the worst forms of child labour-
in which they are enslaved, forcibly recruited, prostituted, trafficked, forced into illegal activates
on exposed to hazards. The term Child labor is used to refer to anyone who is a child (under
the age of 18) who is working for pay.

2
Dr. RidwanulHoque, Elimination of the Worst of Child Labor Through Law in Bangladesh :ACritique, Journal of
the Faculty of Law,DhakaUniversity Vol. 18 no. 2, (December 2007)P. 187-188
3
[http://www.childlobor.in/what-ischild-labour.htm, last visited on 10 October 2010].
4
UNICEF, Report of Child labor in Bangladesh (United Nations: UNISEF, June 2010), P.1.

7
2.3 HISTORICAL BACKGROUND

Child labor was first recognized as social problem with the introduction of factories in the late
18th century in Great Britain. In the eastern amid western United States, child labor was
acknowledged as a problem after the civil war, and in the south, after 1910. In earlier days,
children worked as apprentices in factories worked as servant in families, but in factories their
employment soon turned into virtual slavery. This was mitigated In Britain by Acts of Parliament
in enacted in 1802 and later years, in other places of industrialized Europe. Although most
European nations had child labor Laws by 1940, the urgency 0f production during World War 2
brought many children back into the labor market in the United States, and the Supreme Court
declared congressional child labor was unconstitutional in 1924 but it was not approved by many
states. The 1stlaborsLanders Act of 1938 set in a minimum age limit of 18 for occupations
designated hazardous and 16 for employment in general.5

2.4 CHILD LABOR SITUATION IN BANGLADESH

Available information suggests that child Labor constitutes about 15% of total Labor force of
Bangladesh. In 1990, it amounted to approximately 33 million .Increasing poverty favours the
children into child Labor. They become child laborers to supplement the family income. They
are bereft of education. The children of Bangladesh are left uncared for and restricted.

A 1990 study on child Labor in Dhaka city indicated that 70 percent of the working children
came to Dhaka with their families as refugees. Of these child labors, about 85 percent are boys.
Their average age is 12 and they work for 10 hours every day. Their average monthly income is
572 taka (USD 16). Of these child laborers 50 per recent have never gone to school.

Children are engaged in different fields like porters, cleaning and repairing cars, motor cycles,
tempos, selling water to waiting passengers, making brick-chips, hawking, selling newspapers
and magazines, working in the tea-stalls, restaurants, selling flowers on the city streets,
collecting and selling waste paper, plastic scraps, metal work, prostitution etc.

A large number of children are engaged in the garments factories. According to a statistics, in
different garments factories of Bangladesh, 30 percent of the workers are children. They work till

5
[http://en.wikiteabia.org/wiki/history_of_lolar_law, last visited on 11 October 2010]

8
late at night or overnight while they are not provided with transportation or food. Employers take
advantage of their situation and recruit them with very low wages. Most of them have no weekly
holidays or medical leave. If a child is absent from work for a day he will either have that days
salary deducted or lose his job. Girl workers under 15 are preferred in these factories, as they
work for less, are unmarried and cause no Labor problem. It is reported that in many factories the
child workers are appointed as apprentices or helpers for months and are not issued
appointment letters even after completing the apprenticeship period.

In the rural areas 5 to 14 year old children work in farming, forestation etc. But children who are
engaged as domestic workers enjoy very little security. They do all the household activities from
early morning to night and often become the victims of their masters or mistresses. Domestic
child workers are also physically and sexually. Exploited by the owner or by other family
members.6

2.5 THE WORST FORMS OF CHILD LABOR

By 2003, ILO Convention No 182 on the worst forms of child labor had been ratified by 147
countries. The convention applies to all children under 18 and define the worst forms of
children labor as, slavery and forced labor including forced recruitment into armies, commercial
sexual exploitation including prostitution and pornography, Illicit activities, including the
production or trafficking of drugs, hazardous work which jeopardizes childrens lives and
healthy development .Hazardous work is defined within individual countries and consequently
definitions of it vary.7

2.6 CONCLUSION

There are many NGOs who are against the child laboring in principle although they are unable to
create any job opportunities for them, even are not able to come up with the alternative proposal
for children those who come out from the poor family. IT is fact that poor children have to work
for their livelihood if they do not get any alternative way of living.

6
Dr. MizanrRahman Child Labor & Human Rights : Bangladesh Perspective, Journal of the Faculty of Law, The
Dhaka University Studies Part-F, Vol. 5(1) June 1994 P.76-77
7
USAID, Report of Bangladesh child labor summary (USA: USAID, June 2010), P.1.

9
 CHAPTER-3

RRASONS BEHIND CHILD LABOR

3.1 INTRODUCTION:

Some common causes of child labor are illiteracy, social apathy, ignorance, lack of education
and exposure, exploitation of cheap and unorganized labor, property, parental. The family
practice to inculcate traditional skills in children also pulls little ones inexorably in the trap of
child labor. Extreme forms of poverty play a crucial role. Child labor is part of a vicious cycle,
with poverty as a main cause as well as a main consequence.

3.2 ILLITERACY AND IGNORANCE:

Bangladesh is a country where illiteracy is still a curse. Only 32.4% of the population is literate
(Statistical Years Book, 1994: 3). It is illiteracy which is at the root of all misfortunes. It is
illiteracy that keeps the majority of the population steeped in ignorance and hide bound by
tradition and customs. To them only present is valuable and their sole concern and worry of life
are always centering the present. It is again illiteracy that makes their horizon of outlook limited
and consequently, they cannot even think of their future. Illiteracy and ignorance, as influencing
variables, have Made them blind to the future of their children . So, due to impact of illiteracy
and ignorance, the parents of the working children find extreme pleasure and satisfaction with
the earning of their children. It is not only poverty, rather due to ignorance in rural areas,
children of rich and land holding families are also found to start work earlier than those of poor
and landless families.8

3.3 URBANIZATION AS AN ILLUSORY ATTRACTION:

The destitute in rural areas after their failure to secure employment in and around their hearth
and home and finally, having exhausted the last resort, proceed towards urban areas in streams
on the hopes and assumption of securing some sorts of employment in the newer environment.
But the urban life is very busy and fast, regardless of social classes. Obviously, in many points of

8
Md. Abu Taher, child labor in Dhaka city: Dimensions and Implication, (Dhaka: Khurshed
Akter, 2006),p.146

10
adjustment with new situation, the newcomers get stumbled and stunned. Moreover, the little
skills whatever they have are not easily marketable in urban trades. In this circumstance, these
destitute find themselves in a state of extreme uncertainty and helplessness and take recourse to
any opportunity they find available for marginal keeping of their existence. In such unfavorable
situation, the poor parents.9

3.4 DEMAND OF CHILD LABOR BY EMPLOYER:

The employers prefer children to adult workers for a number of reasons. Mostly the employers
are of the view that the child workers are cheap and they can earn more margin of profit by
appointing child workers than adult ones. The children are not status conscious and never
hesitate to do any work. They have agility in work and less feeling of tiredness. The children are
easily controllable, docile and superior in adaptability. Moreover, the children are free from
many negative qualities and they do not have any trade union to interfere with employers
decisions. Finally, the persistent poverty stricken situation acts as the stimulus for the employers
who are desirous of having cheap labor and more profit.10

3.5 ABSENCE OF PROGRAMMER FOR SOCIAL SECURITY:

Absence of any provision for social security measure is a serious threat to the existence of the
destitute. In the context of Bangladesh economy, provision for social security measures is not
something that can be thought of as an achievable reality. In the absence of social security
measures or support system from any quarter when the poverty stricken people face adversity
beyond their ability to manage, they hardly hesitate to dispose of what they have including their
children. Thus, under compelling circumstances, the children of poverty stricken families come
to join labor market ignoring and keeping behind their future possibilities.11

3.6 CHILD-LABOR RELATES WITH POVERTY:

Children come as child work because they are directly related with poverty. The CLS reports has
been regrouped the distribution of causes of childrens work in the three categories and

9
Ibid .P.146
10
Ibid
11
Ibid. P.147

11
accessible in 2002-2003, about 81 and 5 percent cases reported poverty as either a direct or an
indirect reason behind childrens work. The cause of poverty ensures child labor by 81.1 percent
from the year 1995-96 to 2002 respectively.
Poverty is the single most important factor responsible for the prevalence of child labor in the
country. About 55 million people live below poverty line in Bangladesh. Poor household badly
need the money that their children earn. They commonly contribute around 20-25 percent of
family income. Since poor households spend the bulk of their income on food; the earnings of
working children are critical to their survival.12

3.7 CHILD WORK ACCEPTED BY PARENTS:

Our general people always live with poverty, 18.7 percent people are Hard-core poor (Less than
or equals to 1805 kilocalorie, %), 51 percent people having without land, and 42.2 percent
people are poor with Head-count ratio (Food intake method & direct calorie intake). So our poor
parents have no alternative to put off child education. Most of the vulnerable parents give
consent to their child for paid work. They know that Child-education is the cost oriented matter
and child work is the income earning activities. Poor parents always want to get rid of poverty
and the earning of children helps them to do the same. In that case, most of our poor parents like
to take second option, i.e. they like to involve their children in work. This involvement may be
paid or unpaid work.
Comparatively the paid work of children is accountable and preferable to parents. Money income
of children helps family in many ways. About 69.4 percent of our parents accept child work to
increase income13 parental education and employment conditions are two of the most important
determinants with more power over the household decision to send a child to work.
Parental income conditions also determinant to weather the child involved in work or not support
the total family income.14 The inadequate schooling system also adds fuel to the fire, as parents
feel that it is better to make their children work and learn home based skills than to send them to

12
Mohammad ZulfiquerHossain, Child labor: trends and feature, 2nded, (Dhaka : National
Book House, 2006),p.3
13
Report of Child Labor Education in Bangladesh, April,
[http://www.mole.gov.bd], last visited on 11 November 2010].
14
Eduardo Calderon, Basic Income as a policy to fight child labor, 5th ed. (Italy :University of
Barcelona press, 2007), p.134

12
school which are overcrowded, poor in sanitation and have dismal teaching. 15 There is strong
connection between child labor and poverty in Bangladesh. Children only work when the family
is unable to meet its basic needs.16 The strong reason is child start work instead of attending
school, or leaves school, is their families are poor and cannot pay the basic costs of food
andhousing without earning something.17

3.8CONCLUSION

Bonded child labor is caused when a poor family need money (for food, a sickness, etc ) to pay
for something. IF the family has enough to pay, there is no problem. When, however, the family
does n0t have enough, they may need a lone; Employers of bonded laborers know how to take
advantages of these situation .they will provide the family varying amounts of money in
exchange for the servitude of a child.

15
Saleema Aziz Gulzar, Lailapirani and SaminaVertejee, Child Labor : A Public health issue,
3rd ed. (Lahore: P.L.D Publishers, 2006), P.33.
16
Basu K. and p. Van The economics of child labor,5th ed. (U.K.Economic Review Book , (
June 2007),P.10
17
UNICEF, Report of the end of Child Exploitation, (United Nations: UNICEF, February
2005). P.4.

13
 CHAPTER-4
THE EFFECTS ON CHILDREN

4.1 INTROUUCTION:

Child labor can have a lifelong impact on children. Working long hours at physically demanding
jobs, often in dangerous and hazardous conditions, robs children of their childhood, affecting
their health and future development. One of its most far-reaching consequences is that working
children miss out on education. Lacking the skills they need to take them into early adulthood
and beyond, working children are also less likely to ensure that their own children attend school
and receive an education.

4.2 EFFECTS ON PHYSICAL DEVELOPMENT:

Many of their jobs that the children are required to perform are harmful for their physical
development. These growing children suffer from ill-effects of overexertion, lake of hygiene and
other problem arising out of the hard work. Working in unfavourable and unhealthy surrounding
(such as bad weather, dust, smoke, etc.) because bronchitis tuberculosis and various forms skin
diseases.Malnutrition of the majority of these hardworking children resulting from lake of
proteins amino acids, calcium, etc. In their diet may cause serious mental retardation. The
condition and atmosphere in which the jobs are performed are in congenial and harmful for the
children and its ill effects are likely to reach out into their future

4.3 EFFECTS ON SOCIAL ADVANCEMENT:

What can be the likely repercussions of the use of child labor on the childs social advancement?
A childs prospects for improvement in the future years in depend to a large extent on the kind of
job he/she is doing and the circumstances and surrounding in which he/she is doing it.

When a child performs a precarious, stultifying and insignificant job from an early age, he/she
gets very little change to acquire skill for better jobs. This together with a Childs natural

14
disinclination to learn puts an end to his/her changes of better employment, higher pay and social
advancement in future.18

4.4 EFFECTS ON MENTAL HEALTH:

In has been observed that hard labor at an early age may cause undesirable mental change which
may lead to behaviour problems. One of the most obvious activities of the children is play, a
spontaneous outburst of energy. A children worker does not have time to give free rein to this
natural urge. The tremendous pressure put on him/her at an early age to abandon his childhood
and shoulder the responsibilities of an adult, Creates an unnatural situation for the child which
impoverishes his/her mental world. As a result, the childrens creativeness is blunted and the
door for a bright future for the child is closed for ever.19

4.5 EFFECTS ON SOCIO-ECONOMIC DEVELOPMENT:

What are the possible adverse consequences of child-labor on our development efforts? The
main objective of our planned development efforts is to change the quality of life of our people
through rapid transformation of the existing socio-economic structure. Implicit in it are the goals
of removal of poverty, reduction of unemployment and reduction inequalities in economic
power. The new concept is growth and rapid growth for justice.

But the two main obstacles to our planned efforts at rapid development is (a) scarcity of
resources and (b) high rate of population growth. High population growth rate has been
identified as the number one problem hindering our efforts at rapid socio-economic
development. The use of child labor has great implications for the fertility pattern and the
number of child births among rural as well as poor urban communities of Bangladesh; it has been
an observed fact that the population growth rates are relatively higher in the rural and the poor
urban areas of the country. It may seen paradoxical that children are welcome in poor families.
But it is logical that so long as children will be considered as economic assets in the majority of
the households in Bangladesh, no plan designed to control the population growth rate can make

18
Dr. KheladaSalahuddin, Child Labor in Bangladesh, 2nd ed. (Palok Publishers, 2001), P.59.
19
Dr. KheladaSalahuddin, Child Labor in Bangladesh, 2nd ed. (Palok Publishers, 2001), P.59

15
any appreciable impact on the existing situation. This, in its turn, will have adverse impact on
our development efforts.20

4.6 EFFECTS OF MORAL DEVELOPMENT:

Human beings are social by nature .So it is said that man is a product of social milieu. This
means that the unique individual entity of a full-grown human being is shaped up by the process
of socialization from his early life. The ethical basic of man likes and disliking, his way of
thinking, his moral aspects of life and Living are the clear manifestation of the well ordered
process of socialization in a congenial home atmosphere surrounded healthy and conducive
environment. But in reference to the working places of child laborers, all these we nothing but
utopian ideas. The working places where the working children are engaged either as employees
or as self-employment ones hardly have atmosphere congenial for the moral aspects of
behaviour. Their constant exposure to working surrounding and home atmosphere that are full of
indecent sights and vulgar sounds con not be expected to infuse in them something better.
Moreover, the incidence of crime, alcoholism, drug abuse, delinquency, accentuating social
distress and the phenomenon of social disequilibrium as the stimulating factors to contaminate
there horizon of outlook and rational pattern of thinking and behaviour. Thus under the influence
of contaminated atmosphere and polluted environment, child labourers are likely to become
morally bankrupt and rationally unstable. They may play pranks may fall prey to chip thrills,
may drift into delinquency and may be led into the underworld of crime.21

4.7 INTELLECTUAL IMPECT ON CHILD:

Working children are largely deprived of the benefit of formal schooling, which seriously
impedes their intellectual development. Child labor reduces a childs potential for education and
training which in effect marginalizes them. Children from impoverished families have little
access to educational facilities even where such amenities are readily available.

Children deprived of schooling or training finds themselves in low-skilled, low-paid, undesirable

and frequently unsafe jobs where the potential for acquiring remunerative skills are permanently
impaired. Children without schooling are fated to suffer discriminatory treatment in the

20
Dr. KheladaSalahuddin, Child Labor in Bangladesh, 2nd ed. (Palok Publishers, 2001), P.60.
21
Md. Abu Taher, ibid, p.41

16
segregated labor market where status and remuneration are differentiated according to the skill of
the worker. It often happens that access to better-paid jobs is determined by the educational
status. In the circumstances, children who are compelled to forgo education in order to work for
a living are deprived of such opportunities. Lake of schooling also disembowels children in other
ways. Knowledge is an empowering process without which an individual is unable to access the
right to which they are legally entitled. They very clandestine nature of child labor prevents
children from raising protests against workplace inequities, as the exercise would only result in
dismissal from their jobs. This situation is compounded when child workers lake the knowledge
about their entitlements. As it is, children are vulnerable on the account of their physical and
mental immaturity; without education and knowledge of their rights they are at a greater risk of
being exploited and deceived.22

4.8 OVERALL IMPACT ON CHILD LABOR SITUATION IN

BANGLADESH:

In 1995-1996 child population as % of total population (5-14) 28.3% and in 2002-2003 26.3%,
2,58,25,000 of child not attending school in 1995-1996 and 28973000 in 2002-2003, 65.4% child
engage in agriculture in 1995-1996 and 56% in 2002-2003 , 34.6% child engage in non
agriculture in 1995-1996 and 44% in 2002-2003, Average daily wage rate 16 in 1995-1996 and
33 in 2002-2003, Average monthly income of paid workers 478 taka (Boys:507, Girl: 438) in
1995-1996 and 977 take (Boys:992, Girl 864) in 2002-2003.23

4.9 CONCLUSION:

Education is a human right which ought to be accessible to everyone, without any discrimination.
All children must be able to school, thereby benefit from the same opportunities to build a future.
Additionally, educational instruction must be equally gratuitous so that children from
disadvantaged environments will be able to enjoy their right to an education.

22
Center for Policy Dialogue (CPD), Report of Child Labor in Bangladesh: A Forward
Looking Policy Stud, (Dhaka: Center for Policy Dialogue. April 2005), P.5.
23
The Daily Star (3 May 2009), P.23.

17
 CHAPTER-5

EXISTING LAWS RELATING TO PROHIBITION OF CHILD LABOR IN

BANGLADESH

5.1 INTRODUCTION

In economically backward society lick Bangladesh a lofty idea likes non existence of child
labor is surely a myth. So in the backdrop of harsh economic realities widespread incidence of
child labor has by now, turned out to be a phenomenon of a great concern, although children in
Bangladesh are untitled to the rights under both Law and constitution. The basic needs of the
children and duties and responsibilities of the state to groom them up properly in a conducive
atmosphere have also been accepted as one of the fundamental guiding principles of the state
policy. Besides Bangladesh has made an avowed commitment to the rights of children after
becoming a State party to the convention on the Child in 1989. Over and above, Bangladesh as a
member state of the ILO has so Ratified 31 International labor conventions and out of them, a
few conventions provisions prohibiting child labor. As a meter of fact ILO conventions were
ratified by Bangladesh even before one of the signatories to the UN convention the right of the
child. So under compulsion Bangladesh enacted a few labor Laws, rules and ordinances his
contain some provisions to deal with child labor but these Laws ordinances and rules were
enacted not to abolish child labor but to u1ate employment of child workers centering around
some variables such as age, working hours, working conditions, economic exploitation, harmful
effects on the growth and a development etc. It is therefore, quite logical to say that there are no
effective provisions in labor laws in Bangladesh to abolish child labor nor do these law contain
any provision to protect the working children from the damaging effects Of the work which
ultimately interferers with their education, growth and development both socially and
intellectually. The introduction of Universal primary education (UPE) programmer was thought
to be an effective step in combating child labor in the country. But the programmed has yet to
prove its efficacy in this regard.24

24
Md. Abu Taher, ibid, p.67-68.

18
5.2 LAWS RELATING TO PROHIBITION OF CHILD LABOR:

The following laws relating to prohibition of child labor:-

5.2.1 The Mines Act, 1923 (Act No. IV of 1923)
According to the Act child means a person who has not completed 15 years and young person
means a person who has completed 15 but not 17 years of age. Under the Act no child shall be
appointed in a mine or allowed to be present in any part of the mine which is below the ground.
According to the same Act, unless a certificate of fitness granted by the medical practitioner is in
the custody of the manager of the mine, a young person shall not be employed in any part of the
mine. And no such young person is permitted to work in the mine during the period between 7
p.m. and 7 a.m.25

5.2.2 The Children (Pledging of labor) Act, 1933 (Act No. XI of 1933)
This Act prohibits the pledging of the labor of children. In this Act child means a person of under
15 years. An agreement, written or oral. Express or implied, whereby the parent or guardian of a
child in return for any payment or benefit received by him, undertake to cause or allows, the
services of the child to be utilized in any employment is void. The Act provides for penalty for
parent or guardian making agreement to pledge the labor of a child. It also provides for penalty
for the persons for making with a parent or guardian an labor has been pledged.26
5.2.3 The Employment of Children Act, 1938 (Act No. XXXVI of 1938)
The Act provides regulation for the employment of children in certain industrial establishments.
The Act provides prohibition of the employment of children below 15 years in the transport of
passengers, goods or mails by railway and the handling of goods within the limits of any port.
According to the Act, no child who has completed 15 years but not 17 years shall be employed
or permitted to work in the aforesaid occupations unless the periods of work of such child for
any day are so fixed as to allow an interval of rest for at least twelve consecutive hours which
shall include at least such seven consecutive hours between 10 pm and 7 am. The Act also
provides that no child below 12 years shall be employed or permitted to work in any workshop
where in any of the processes like making, carpet making, cement manufacturing, cloth printing,

25
Dr. RehenaSiddiqua ,Law Reliating to child labor in Bangladesh
Bangladesh Journal of Law,Vol.7.Nos. 1& 2, June & December 2003,P.99.
26
Dr. RehenaSiddiqua ,Law Reliating to child labor in Bangladesh
Bangladesh Journal of Law,Vol.7.Nos. 1& 2, June & December 2003,P.99.

19
dyeing, weaving, manufacture of matches, explosives and fire work, soap manufacture, tanning,
mica cutting and splitting, shellac manufacture and wood clearing is carried on. The Act contains
provision of punishment for employer permitting or employing children to work.27

5.2.4 The Road Transport Workers Ordinance, 1961 (Act No. XXVIII of
1961)
According to the Ordinance no person other than a driver, shall be employed in any road
transport service before attaining 18 years of age and in case of driving a vehicle before attaining
21 years. The Ordinance further provides that no worker shall be employed on a vehicle for more
than five hours at a time before he has had an interval for rest of at least half an hour or for more
than eight hours before he has had at least two intervals like (i) for more than nine hours in a day,
and (ii) for more than forty-eight hours in a week.
The East Pakistan Domestic Servants Registration Ordinance, 1961 (E.P.Ordinance No. XLIV
of 1961) This Ordinance was promulgated to provide the registration of domestic servants. The
term domestic servant means every person who renders domestic services (i.e. services
pertaining to household affairs) to his employer in lieu of wages or any other consideration.
According to the Ordinance, if a person takes employment as a domestic servant, he has to report
for registration to the officer- in-charge of the police-station or any other police officer. The
police officer will not be below the rank of an Assistant Sub-Inspector of police and shall be
authorized by the officer-in-charge. Again, if a person seeks employment as a domestic servant
he may report to the officer-in-charge or the authorized officer of the area for registration. Name,
address or addresses, a copy of his own photograph in duplicate, finger impression and
measurements are necessary requirements for the registration. Enquiries will be conducted by the
officer-in-charge of the police station or the authorized officer about the correctness of the
particulars. After satisfying about the correctness of the particulars, the officer-in-charge of the
police station or the authorized officer shall issue a registration card containing a photograph on
it. According to the ordinance no person shall work as a domestic servant without registration
card. Violation of the provision is a punishable offence.28

27
Dr. RehenaSiddiqua ,Law Reliating to child labor in Bangladesh, Bangladesh Journal of Law,Vol.7.Nos. 1& 2,
June & December 2003, P.99.
28
Dr. RehenaSiddiqua ,Law Relating to child labor in Bangladesh,
Bangladesh Journalof Law, Vol.7.Nos.1& 2, June & December 2003, P.100-101.

20
5.2.5 The Tea Plantation Labor Ordinance, 1962 (Act No. XXXIX of 1962)
According to the ordinance, child means a person who has not completed the age of 15 years
and adolescent means a person who has completed 15 but not 17 years. It also provides that a
child of 12 years age or an adolescent shall not be permitted to work in any plantation unless a
certificate of fitness is granted by a certifying surgeon. Such fitness certificate shall be valid for
12 months and it may be renewed. Any contravention of the provisions by an employer shall be a
punishable offence liable for imprisonment or fine or both.29
5.2.6 The Shops and Establishments Act, 1965 (E.P. No. VII of 1965)
The Act deals with holidays, payment of wages, leaves, working hours and other related matters
concerning the workers employed in shops, commercial and industrial establishments but not
being factories. According to the Act, child means a person who has completed the age of 12
years and young person means who is not a child and has not completed the age of eighteen. The
Act provides instruction that no young person shall be employed in any establishment except
with the permission of the chief Inspector, otherwise than between 7 AM and 8 PM. The Act
prescribes penalties for its violation.30
5.2.7 The Factories Act, 1965 (Act No. VI of 1965)
The Factory Act, 1965, regulates the employment and working conditions of workers along with
those of the children and adolescents. In this Act, the term child stands for a person who has
not completed 16 years and the term adolescent means a person who is at 16 or above but below
18 years of age. The Act prohibits employment of children under 14 years of age in factory and
further requires that a child who has completed 14 years or above or an adolescent shall not be
allowed to work unless a fitness certificate granted to him by a certifying surgeon is made
available and kept in the custody of the manager of the factory and unless a token giving
reference to such certificate is carried by such child or adolescent while he is at work. The
certifying surgeon shall be able to renew a certificate of fitness and a certificate so granted and
renewed by the competent surgeon remains valid for a period of 12 months. The certifying
surgeon shall also be able to revoke any continue work. Certificate, granted or renewed, if he
thinks that the certificate holder is no longer fit to continue work. In respect of working hours for

29
Dr. RehenaSiddiqua ,Law Reliating to child labor in Bangladesh
Bangladesh Journalof Law, Vol.7.Nos. 1& 2, June & December 2003,P.101
30
Dr. RehenaSiddiqua ,Law Reliating to child labor in Bangladesh
Bangladesh Journalof Law, Vol.7.Nos. 1& 2, June & December 2003,P.101-102

21
a child or an adolescent worker, the Act clearly indicates pointing out no child or adolescent is
allowed to work in any factory for more than 5 hours in a day and between the hours of 7 p.m.
and 7 am (Khan, 1981: 233). The law prohibits employment of a child to work on or near
machinery in motion. It also restricts employment of young persons on dangerous machines
unless he has been imparted sufficient training to work there. The law also requires the manager
of every factory to maintain a register in a prescribed way and to make that available to the
Inspector during working hours for checking and inspection. In addition, in respect of rights of
children, the Act provides for facilities of rooms (crche) for children (under the age of 6 years)
in every factory where more than 50 women workers have been employed and to maintain those
rooms in a clean and sanitary condition under the supervision and care of women having training
and experience to take care of infants and children. Moreover, Government may make rules
requiring any factory for providing free milk for such children and facilitating mothers to feed
their children at necessary Intervals.31

5.3 CONCLUSION:

In practices child labor laws in Bangladesh do not protect working children. Employers prefer
children, as they are cheap, productive and obedient. Children working in the industrial sector
have no contract of employment and so find it difficult to stand up for them and fight for their
rights. The demand by factories for child labor is increasing all the time.

31
Md. Abu Taher, ibid,P.170

22
 CHAPTER-6

GOVERNMENT AND NON GOVERNMENT ACTIVITIES AGAINST

CHILD LABOR

6.1INTRODUCTION
The government of Bangladesh has been a member of ILO-ICEC since 1994. Soon after, a child
labor survey was conducted in 1995 by the Bangladesh bureau of statistics with technical
assistance from the ILO, s statistical agency. The ILO-IPEC program in Bangladesh has
implemented 75 action programs targeting the worst forms of child labor through awareness
raising, non-formal education, income generating alternatives for families, and capacity building
of partner organizations.

6.2 CEREMENT GOVERNMENT POLICIES& PROGRAMS TO

ELIMINATE THE WORST FORMS OF CHILD LABOR:

The third National plan of action for action (2004-2009) commits the government to carry out a
variety of tasks to eliminate the worst forms of child labor, with a particular focus on child
domestic workers, migrants, refugees, and other vulnerable groups. The commitment includes
introducing regulations labor inspectorate. 32 The Ministry of labor and Employment has a
dedicated child labor cell, and the government includes a child labor component in its
compulsory training program for entry-level diplomatic personnel and brother guards. 33 The
Bangladesh Millennium Development Goals include a target of developing and implementing
strategies for decent and productive work for youth.34.

The government has been actively engaged with ILO-IPEC since 1994 to implement of the
United Kingdom, Norway and the Netherlands, ILO-IPEC partnered with UNICEF and the ADB
32
Ministry of Women and Children Affairs, National plan of Action for Children,(Dhaka:
Government of Peoples Republic of Bangladesh, June 2005), pp.79-80.
33
Report of Preventing and Eliminating the Worst Forms of Child Labor in Selected formal And Informal Sectors in
Bangladesh , ILO-IPEC, Geneva,(May 2006)
[www.dol.gov/ilab/media/reports/tda/tda2006/Bangladesh].
34
Ministry of finance and Planning, Report of Millennium Development Goals: Bangladesh, And the United Nations
Country Team, February 20050), p.53.

23
through December 2006 on the preparatory phase of the Bangladesh National Time bound
Program. This preparatory phase focused on building a base of knowledge on the nature and
scope of child labor in Bangladesh, and building consensus and commitment among stakeholders
to address the problem.35 The ministry of Home Affairs is the lead agency on anti-trafficking
issues; it chairs an inter-Trafficking Strategic Plan for Action.36
The Ministry of Women of and Children Affairs is currently implementing its National Plan of
Action against Sexual Abuse and Exploitation of Children Including Trafficking. The plan calls
for legal reforms; improved mechanisms for reporting child abuse; greater access to safe spaces
and support services for victims and children at risk; and coordinated approaches to monitoring
and law enforcement, among other efforts.37 The government works closely with IOM and other
NGOs on their efforts to combat child trafficking through prevention, awareness-raising, rescue,
rehabilitation, law enforcement training, research, advocacy, and cross-border collaboration.38
USAID is also working with the government to conduct research on trafficking, strengthen
government-NGO linkages, build NGO capacity, and strengthen prosecution and protection
efforts. And raise awareness of the problem nationwide. 39 In collaboration with NGOs, the
government operates a coordinated mechanism to monitor repatriation, rehabilitation, and social
reintegration child camel jockeys who have been trafficked to the Middle East.40

6.3 NON GOVERNMENT ACTIVTIES AGAINST CHILD LABOR

Beside government some NGO and international body working for elimination for child labor.

6.3.1Child Lab our Elimination Action Network (CLEAN):

CLEAN is a regional network formed in 2004 consisting of 40 child-focused NGOs with the key
objective of reducing and eliminating child labor from North West region of Bangladesh,
CLEAN share information, run workshops and mobilize local actors such as local government to
help identify and eliminate hazardous child work.

35
ILO, Report of the Worst Forms Of Child Labor Convention, (ILO Committee of Experts,1999), P.182.
36
U.S. Department of State, Country Reports 2006:Bangladesh (U.S. Department of State,March 2006).p.3.
37
United Nation, Global Population Policy Update, (United Nation: UNFPF, October2009).P.
38
U.S Department of State, Country Reports 2007: Bangladesh,(U.S Department of State April2007).P.8.
39
USAID, Report of USAIDS Response: Anti-Trafficking, (USA: USAID, August 2009).
40
C0untry Reports 2006, ibid.

24
6.3.2 Joint Child Labour Working Group (JCLWG):

JCLWG formed in 1999 comprised of ILO, UNICEF, Bangladesh ShishuAdhikar Forum, Dhaka
Ahsania Mission, Save the Children alliance and Centre for Mass education in Science. The
JCLWG aims for better co-ordination and synergies amongst different child labor programs
through knowledge sharing, including lessons learnt various activities undertaken by group
members.

6.3.3 Domestic Workers Right Network (DWRN):

DWRN was formed in December 2006. The network comprises of a group of human rights
organization and trade unions. The objective of DWRN is to initiate healthy discussion with
policy markers, civil society, different professional groups, trade unions and human rights
organizations on the protection of domestic workers. The Bangladesh Institute of Labour Studies
(BILS) functions as the secretariat of the network.

6.3.4 Together With Working Children (TWC):

TWC a network of nine NGOs initiated by Save the Children, Sweden/Denmark in 2005 aiming
to protect working childrens rights and reduce hazards at their Workplace . Child labor partners
of Save the Children Denmark developed this common platform in 2005 to implement an
integrated advocacy plan, create scope for experience sharing, knowledge building and
information and dissemination. The network contributed to the development of the Nation Child
Labour Elimi Policy and a code of conduct for employers of children engaged in informal
sectors.TWC is also working as a platform to express solidarity on child rights issues and to raise
awareness of relevant factors such as employers, working children, parents and local and
national government.

6.3.5 Understanding Children Work project (UCW):

UCW as part broader efforts toward durable solutions to child labor, the ILO, UNICEF and the
World Bank initiated the interagency Understanding Childrens Work project (UCW) in
December 2000. The project aims to improve understanding of child labor, its causes and effects,
how it can be measured, and to develop effective policies for addressing it. UCW interagency

25
research collaboration in Bangladesh started in 2008 and is ongoing. It aims to assist the
government (Child Labor Unit, Ministry of Labor and Employment) to identify gaps in the
existing knowledge base on child labor, analyze the impact of national development policies and
programs on child labor and, through accost-benefit analysis, provide strong and compelling
economic arguments for the elimination of child labor.41

6.3.6 Bangladesh ShishuAdhikar Forum:

Bangladesh ShishuAdhiker Forum Working to increase mass awareness on WFCL convention

182 for concerned stakeholders; target was set to make aware 2735 children and 14190 adults on
WFCL as per ILO Convention 182 every year. The activities include organizing national level
workshop for the policy makers, orientation for the journalist on WFCL, publishing report by the
journalist on the beat practice, organizing folk drama for creating mass awareness, organizing
press conference, round table conference, meeting between the children and number of
parliament, produce audio cassette songs on WFCL and observation of world day against child
labor. Forum also working to organize advocacy and lobbying for the ratification of ILO
convention-138 and recommendation-146.

6.4 UNICEF ACTIVITIES:

To protect children from child labor, UNICEF undertakes initiatives to promote child protection
systems at national and grassroots levels, including legislative reform, creating access to services
through institutional capacity building and evidence-based advocacy.42

6.4.1 PROVIDING ACCESS TO EDUCATION:

UNICEF works with the Government of Bangladesh to establish learning centers in urban areas
where there are high concentrations of working children, through a project called Basic
Education for Hard to Reach Urban Working Children (BEHTRUWC). Classes last for 2.5 hours
a day, six days a week, so that children can continue to support their families while fulfilling

41
ILO, UNICEF, UNISCO, Joint Report of Child Labor & Education In Bangladesh, (United Nations ILO,
UNICEF, UNISCO, June 2008).P.42-43.
42
UNICEF, Report of Child Labor in Bangladesh, (United Nations: UNICEF, June 2010), P.4-6

26
their right to education. These learning centers provide basic education in Bangle, English,
Social Science and Maths, as well as life-skills education on topics including negotiation
skills,interpersonal relationships, critical thinking and decision making. Students are aged 10-14,
and work at least seven hours a week. The basic education course runs for 40 months and
comprises five learning cycles of eight months. Children work and study in small groups,
sometimes according to their skill level and sometimes by random selection to encourage peer-
to-peer learning. Children also benefit from the opportunity to socialize with other students, and
teachers who use interactive rather than punitive teaching techniques.

Following the completion of three learning cycles, some working children aged 13 and 14 have
the opportunity to receive livelihood skills training while completing the basic education course.
This training can be in the private sector, export-oriented businesses, and family businesses
apprenticeships. It aims to allow children to move into safer employment and earn a better
income, to improve the quality of life for them and their families. This program contributes to
national efforts to eliminate the worst forms of child labor in Bangladesh.

6.4.2 CHANGIN SOCIAL NORMS:

UNICEF works to change the social acceptability of child labor in Bangladesh. To coincide with
World Day against Child Labour on June 12 2010, UNICEF Bangladesh will launch a campaign
against child labor. The aims of the campaign are. (1) To raise awareness that child labor is
unacceptable among children aged under 14 & (2) To ensure that parents and employers are
guaranteeing the rights of working children above age 14.Communication channels such as
school debates and interactive popular theatre are also used on regular basis to promote this
social norm change.

6.4.3 Strengthening legal protection against child labor:

The process of replacing the 1974 Children Act with a new act is in final stages. The 1974 law as
well as the new draft provides penalties for engaging children in child labor. UNICEF is also
supporting the development of the National Children Policy 2019, which includes specific
policies to protect children from labor.UNICEF has been advocating for the creation of a
Childrens Code, in order to harmonies domestic legislation with the Convention on the Rights
of the Child including Article 32 on child labor. UNICEF has also been working with the
27
Ministry of Social Welfare and other ministries and NGOs to undertake mapping and assessment
of Bangladeshs child protection system. Based on this, a Child Protection Policy will be
developed, including child labor aspects. The government adopted the new Births Deaths
Registration Act in 2004, which makes birth registration compulsory for everyone in
Bangladesh. It has also adopted a Universal Birth Registration Strategy which aims to register
everyone by the end of 2010. UNICEF has also undertaken substantial work to improve birth
registration rates and has emphasized the use of birth certificates as a child protection tool, for
instance to prove minimum age for employment in specific sectors.

6.4.4 Providing services to working children:

As part of the Protecting Children at Risk (PCAR) project, social workers provide outreach of
children working on the street and encourage them to use non-formal education and other
services such as drop-in centers. Social workers also provide targeted outreach services to
children working in, invisible locations such as small factories or homes, to prevent abuse and
exploitation.

They hold discussion with employers, encouraging them to create safer Condition for children
and to allow children to attend school and take time off to recuperate from their workplace. In a
number of cases, children are enrolled in public Schools. Social workers also provide referrals
for services including income-generating activities for parents so they are not so reliant on their
childs income. UNICEF-supported drop in centers provide children at risk with various
psychosocial services such as referrals to legal aid, support for family reintegration and shelter.
They also provide free psychotherapy and Para-counseling for children who have been affected
by abuse, drug or exploitation, such as those involved in commercial sex work. Referrals to
vocational training and life-skills training are also available at drop in centers. The training
includes instruction in particular trades and personal development sessions on topics such as
communication, critical thinking, self-esteem and negotiation.

6.4.5 Building the capacity of child-protection workers:

Through the some project, UNICEF works to strengthen the capacity with vulnerable children
such as social workers, police, teachers and families. Many people working as social workers for

28
the Government or NGOs are not trained professionals. UNICEF is providing technical
assistance and resources to the Department of Social Service to develop on-the-job social work
training. A two-tier theoretical and practical training course has been developed and is currently
being piloted. UNICEF is also supporting training of trainers for master trainers so they can
train social workers at field level. Some of these social workers will be providing the service
described above to working children.

6.4.6 Social protection for vulnerable children:

Natural disasters such as cyclones and floors are unfortunately a part of life in Bangladesh. After
emergencies, children are much more likely to have to work to support themselves and their
family. Children who became orphaned or vulnerable following 2007s Cyclone Sidr are being
assisted through a pilot project called Amender Shishu (Our Children). The project, which was
6eveloped jointly with the Department of Social Service, provides guardians of orphans with a
monthly cash transfer of 1500 taka (22USD). The cash support is conditional on the fact that
child: must not be married before age 18; must attend school on a regular basis; and must not be
engaged in hazardous or worst forms of child labor. Local government social workers have been
trained to provide case management including referral to services. There are plans to scale up
this pilot initiative in urban areas.43

6.5CONCLUSION
The alternative solution which we find in a small poor south Asia country like Bangladesh, could
be a practicable resolution for the remaining less developed countries which suffered much or
less the same kind deplorable economic situation. However, the main foundation of the poverty
in the third world is not only the overpopulation and education; it is also caused mainly by unjust
wealth distribution of the world economic system which was created by the northern capitalist
countries.

43
Ibid

29
 CHAPTER-7

GENERAL RECOMMENDATION AND CONCLUSION

7.1 INTRODUCTION:

In 1991, the government of Bangladesh made primary education compulsory for children
between the ages of 6 and 10. In1998, the gross primary enrolment rate was 96.5 percent , and
the net primary rate was 81.4 percent primary school attendance rate are unavailable for
Bangladesh .while enrolment rates indicate a level of commitment to education, they do not
always reflect childrens participation in school. The ministry of labor and employment is
designated to enforce labor legislation; however, there are no penalties for breaking child labor
laws. Due to a lack of manpower, child labor laws are seldom enforcing outside of the garment
export industry. The government of Bangladesh has not ratified ILO convention 138, but ratified
ILO convention182 on March 12, 2001.

7.2 RECOMMENDATION:

Removal of poverty, which is the main condition for the elimination of child labor, involves
planned and sustained development efforts by the whole nation which can result in favorable
structural changes for the achievement of the goal, compulsory education should be one of the
permanent factors of our national life, attendance at school should not be an unattainable goal for
the children of the poorer classes more over implementation of existing Law is more important to
elimination child labor and have to pass more effective Law for elimination child labor. The
hazards of child labor and the deprivation of children from their right to education and protection
from harm will continue until policies and strategies are not only adopted, but also implemented,
to remove the constraints and offer the incentives that children and their families need to favour
education over work. Successful measures will require effective partnerships, collaboration and
co-operation among key stakeholders and their commitment to make partnership work. This
measure can be solidified only through knowledge sharing, mobilizing technical and financial

30
support and strengthening capacity. The government must lead the change, build partnerships,
and adopt and implement policies and strategies. Along with various government agencies, other
key stakeholders who must commit themselves include schools and communities, NGOs and
civil society organizations, the private sector (employers and trade unions), development
partners, and the media.

Standardization of national curriculum and maintaining quality of teaching must be given top
priority in view of multiple systems of primary education. Multi-pronged approach by crafting
effective synergy and coordination process between government departments towards child labor
elimination efforts. The governments should internalize the linking up process of poverty
alleviation, health support and primary and mass education in a unified manner to eliminate child
labor supply.

The delivery mechanism of public expenditure incentives for the targeted children must be
effectively coordinated and monitored, So as to reach the most vulnerable rural communities,
especially child labor and their families. The PDEP-II would require scaling up of public
investment/ budgets through domestic resource mobilization and official development assistant
for improving school infrastructure, quality of teaching and school environments, to ensure full
implementation of compulsory education Act for providing free and compulsory quality
education to all children below 14 years . Review 0f the PDEP-II and ROCH project and
incorporate more budgetary allocation, in view of the 10.18 million out-of-school children aged
6-14 years as estimated by the Census- 2001. The government should bring out a realistic road
map to enroll out-of-school children in primary and junior school. The PDEP-II, ROCH and
Hard to Reach urban children projects only marginally address the magnitude of out-of-school
children and child labors. The government of Bangladesh should take all possible steps to
enforce the ratified ILO convention, 182 and other existing child labor legislations. A synergy of
action with the labor department should internalize in the ROCH Project.44

In the light of the experience while conducting the practical survey it was strongly felt for the
eradication of the curse of child labor problem and its consequences from our society the
following recommendation may be considered for implementation-

44
ILO, UNICEF, UNISCO, Joint Report of Child Labor & Education In Bangladesh, (United
Nations ILO, UNICEF, UNISCO, June 2008).P.48.

31
1.First we have to create opportunity for identifying the reason of why and how the children get
themselves involved in child labor.

2. Arrange strategies and action plan for both the short term as well as long term basis.

3. We should enforce the provision of compulsory primary education.

4. Proper implementation and enforcement of the existing laws related to child labor, if necessary
introducing the new law.

5. Ensure social security for the working children and as well as for their families.

7.3 CONCUSION:

The overall view of the childrens employment in Bangladesh clearly and unmistakably indicates
that child labor which involves exploitation exists in an extensive from in all the sectors of our
economy. The lack of education and recreation, together with hard labor, are likely to cause
immeasurable mantel and Physical hard to the working children .It not only can prevent their
social advancement, but also can deprive the society of the creativeness of their developed
talents in the future years. The perpetuation of child labor cannot be ascribed to one or two
factors but a combination of many interrelated socio-cultural and economic to forces which
create a vicious circle of poverty, a compulsion for the children to work, and hence the
perpetuation of the scourge called child labor.

The multifarious problem that child labor crates for the children and the society may urge many
social thinkers to come forward with the demand for banning childrens employment in all
sectors of the economy .But under the existing socio-economic condition of Bangladesh can
child- labor be abolished immediately and altogether? even if a piece of legislation is enacted to
this effect ,it is not likely to effective because majority of the children will accept a job under
compulsion simply to eke out living, Since child labor is inextricably with poverty, the
precondition for removing this scourge is the abolition of poverty itself in the first place. The
elimination of child labor is not a purely legal issue, but rather a Socio- legal issue, requiring a
pluralistic and not a one size fits all treatment.

32
 REFERENCES

Books and Article

1. Dr.RidwanulHaque, Elimination of the Worst Forms of Child Labour Through Law in

Bangladesh :A Critique; Journal of the faculty of law, Dhaka University, vol.18, no. 2,
(December 2007)

2. Dr.KheladaSalahuddin, Child Labor in Bangladesh, 2nd ed. (Palok Publishers, 2001),

3. Dr.RehenaSiddiqua ,Law Reliating to child labor in Bangladesh

4. Md. Abu Taher, child labor in Dhaka city: Dimensions and Implication, (Dhaka:
KhurshedAkter, 2006).
5. Eduardo Calderon, Basic Income as a policy to fight child labor, 5th ed. (Italy :University of
Barcelona press, 2007)

Statues:

1. The Mines Act, 1923 (Act No. IV of 1923

2. The Children (Pledging of labor) Act, 1933 (Act No. XI of 1933)
3. The Employment of Children Act, 1938 (Act No. XXXVI of 1938
4. The Tea Plantation Labour Ordinance, 1962 (Act No. XXXIX of 1962)
5. The Road Transport Workers Ordinance, 1961 (Act No. XXV
6. The Shops and Establishments Act, 1965 (E.P. No. VII of 1965)
7. The Factories Act, 1965 (Act No. VI of 1965)

Research reports:

1. UNICEF, Report of Child Labor in Bangladesh, (United Nations: UNICEF, June 2010

2. UNICEF, Report of the end of Child Exploitation, (United Nations: UNICEF, February 2005
3. Ministry of Women and Children Affairs, National plan of Action for Children
Dhaka: Government of Peoples Republic of Bangladesh, June 2005
4. Ministry of finance and Planning, Report of Millennium Goals: Bangladesh,

33
And the United Nations Country Team, February 2005),
5. ILO, Report of the Worst Forms of Child Labor Convention, (ILO Committee of Experts,
1999),
6. U.S. Department of State, Country Reports 2006: Bangladesh (U.S. Department of State,
7. U.S Department of State, Country Reports 2007: Bangladesh, (U.S Department of State
Mar 8.USAID, Report of USAIDS Response: Anti-Trafficking, (USA: USAID, August
2009).
8. UNICEF, Report of basic Education for Hard to- Reach Urban Working Children,(united
Nations: UNICEF November 2009
9. ILO, UNICEF, UNISCO, Joint Report of Child Labor & Education In Bangladesh, (United
Nations ILO, UNICEF, UNISCO, June 2008.
10. UNICEF, Report of basic Education for Hard to- Reach Urban Working Children, United
Nations (: UNICEF November 2009)
11. USAID, Report of Bangladesh child labor summary (USA: USAID, June 2010
12. Center for Policy Dialogue (CPD), Report of Child Labor in Bangladesh: A Forward
Looking Policy Study, (Dhaka: Center For Policy Dialogue. April 2005)
13. United Nation, Global Population Policy Update, (United Nation: UNFPF, October 2009).P.

Newspapers

1. The Daily Star (3 May 2009), P.23

Web links

1. http://www.childlobor.in/ what-is child-labor. htm, last visited on 10 October 2010

2.[[http://en.wikiteabia.org/wiki/history_of_lolar_law, last visited on 11 October 2010]

3. [http://www.mole.gov.bd], last visited on 11 November 2010]

4. [www.dol.gov/ilab/media/reports/tda/tda2006/Bangladesh]

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