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Annexure-1

Questionnaire

Questionnaire for working Children's Opinion

Thesis entitled: "Child Labour: A Socio-Legal Study with special reference to


Aligarh and Firozabad District of Uttar Pradesh"

Name of the informant

Occupation

Phone No. (Off) Mobile

Thank you,

Research Scholar
M. Khairoowala
448

Personal Profile of Working Child


1. Name of the respondent child

2. Age of the respondent 5-8 years 9-11 years | 12-14 years

3. Sex Male Female

4. Which is your native place village Mohalla

5. Religion Hindu Muslim sikh

6. Caste General sc ST
OBC, Manihar, Qureshi,
Nai, Dhobi

7. Education Pre-school l'* Primary 2"'' primary


3"* primary 4^ primary 5"^ primary
gth
6"' primary
Secondary level

8. Experience l-2yrs 3-4 yrs. 5-6 yrs.


Above
9. Nature of work Skilled Unskilled
10. Income monthly 300-500 600-800 900-1100
Above 1200
11. Income Daily. Rs30, Rs.40, Rs.50
Income weekly. Rs. 200, Rs. 300, Rs. 500,
12. What is your Father's Name
13. What is your parent's Farmer Agricultural Labourer in
labourer factory
Occupation Business

14. What is Income of your parent. ; Upto Rs. 500 501-1000 1001-1500
1500-2000 2001-2500 Above 2500
15. What is educational status of Pre-school 1*'Primary 2"'' primary
th
Your parents 3''' primary 4*primaiy
5 primary
nth
6%rimary gth
Secondary level Illiterate
449

16. Type of house where do you live Pucca Kachcha Semi-pucca


17. Ownership of the house where Rental Owned Provided by the
Your family lives employer

18. Rent of the house Rs. 300-400 Rs. 400-500 Rs.500-600

Rs.601-700 Rs.701-800 Rs. 801-900

Rs. 901-1000 Above 1000


19. How did you get employment? » Through own efforts
» Through parents
» Through relatives
» Through others
20. Your father mothers both alive? » Yes
1 No
21. Which one is dead? » Father l^Both
» Mother
22. What is mode of wage payment? 1 Daily
• Weekly
» Monthly
» Bonded against lump sum advance
23. How many family members you have? 1 1- 2 ^7 - 8
• 3-4 .•;9-10
i 5-6 •Jll-n
24. No. of days you are supposed to work in a week. » 7 days
• 6 days
» 5 days
25. No. of hours you work per day » 8 hours
» 10 hours
• 12 hours
26. Do you enjoy a holiday • Yes
• No
27. Is the holiday paid or impaid » Paid
» Unpaid
28. Does your employer treat you well. • Yes
• No
29. Are you satisfied with the job » Yes
» No
30. Do you face any difficulty on the job • Yes
• No
31. Have you suffered any accident or bodily injury • Yes
during work » No
32. Please specify the injury
33. Do you suffer from any health problems as a • Yes
result of employment? • No
34. Are you supposed to stay outside home in > Yes
connection with employment? No 1
450
35. What is working condition in your unit » Lighting
» Ventilation
• Toilete
• Drinking Water
• First Aid
36. Do you suffer any of the following diseas » Breathing problem
» Tuber closis
• Poor Eyesight
» Skin trouble
• Any other
37. Do you know anything about your rights as a » Yes
worker » No
38. Do you received wags. » Own
• Your parents
451

Causes of Child Labour


Please give your assessment by tick mark (V) in the appropriate; box as per the given scale.
S. Socjo-Economjc aspect Agree Disagree Strongly Strongly Don't
No. agree disagree know

1. You are going for work because you


support the family
2. You are not going to school because
there is nobody in the family to
support you.
3. You are going for work because
there is nobody to feed you in the
family.
4. You are going for work, because
there is no sufficient income of the
family.
5. You are getting salary as settled.

6. You are satisfied with the present


salary.
7. You are getting over time wages.

8. Your parents borrowed money from


others for the fulfillment of basic
needs of the family.
9. You are going for work to save the
family from starvation.
10. You are going for work because you
are saving for your sister's marriage.
11. You are going for work because your
parents is poor and you support the
family income.
12. You are going for work because your
father involved in criminal activity.
S. Educational aspect
No.
13. You are not going to school because it
is too far.
14 You can not afford schooling.

15 Your family does not allow schooling.

16. Your family does not allow schooling


because school is not consider valuabh
to your family.
17. You are not going to school, because
you are poor in studies.
18. You are going for work because your
parents are illiterate.
432
19. You dropped out school because
your father become sick.
20. You dropped out school because
your father died.
21 You are still going to school

22 You are provided Midday Meal in you


school.
23 You are working at homes with your
parents because your employer gives
you work at the contract basis.
453

Annexure-II

Questionnaire

Questionnaire for Academicians. Lawyers, Judicial Opinion

Thesis entitled: "Child Labour: A Socio-Legal Study with special reference to


Aligarh and Firozabad District of Uttar Pradesh"

Name of the informant

Name of the organization

Occupation

Phone No. (Off) Mobile

Thank you,

Research Scholar
M. Khairoowala
Faculty of Law Aligarh Muslim University Aligarh
454

PUBLIC PERCEPTION QUESTIONNAIRE


(For Academicians, Lawyers, and Judiciary)

1. Name of the person


2. Age of the respondent
1
J. Sex Male Female
4. ReHgion Hindu Muslim
5. Caste General SC ST OBC Any other
6. Education
Graduate
]i'ost
Graduate
Doctorate

(V) in the appropriate box as per the given scale.


s. Educational Aspect Agree Disagree Strongly
Agree
Strongly
Disagree
Undecided
No.
1. Employment of children as workers
helps them to gain proficiency in
the work and emerge as highly
skilled and experienced adults.
2. Lack of reinforcement and reward
for educated youth forces parents to
send their children for work at an
early stage?
J. Commercialization of education
forces parents to send their children
for work.
4. The illiteracy of parents coupled
with lack of proper educational
facilities in many areas paves way
for child labour?

Social Aspect
5. Child labour helps a transition from
lower to higher class to ensure
better standard of living.
6. Child labour is a better alternative
to child begging
455

s. Agree Disagree Strongly


Agree
Strongly
Disagree
Undecided
No.
7. Child labour is a better alternative
to child prostitution
8. Employment to children is a service
to the society for upliftment of poor
9. Child labour is no punishment to the
tender hands but instead a proper
nurture and nourishment to make
them best fits in future life.
10. Child labour has no rationale as it is
the decision of the parent who are
second to none as well wishes of
their children.
11. Child labour is not unethical rather
fulfillment of social obligation by
employers towards poor of whom
government fails to take care of
12. Child labour keeps children away
from education and breeds illiteracy
in a society
Working children are prone to
13. habits like smoking, gambling and
extravagancy

14. Child labour compels children to


lead pre-mature adults lives
15. Child labour has high opportunity
cost as it leads to loss of potential
intellectuals and thinkers in nation.
16. Inferiority complex when they sight !
school going children which
1
suppresses their courage and 1
creativity.
17. Children as workers are prone to
exploitation by reason of their
docility
i
18. Child labour is an off school of !
poverty which is the result of
unequal distribution of wealth
19. Employing child labour is a
violation of human rights.
20. Employment of child in hazardous
work is a crime.
456
21. Child labour is a moral crime against
humanity
22. Hazardous nature of job coupled with
excessive work load and long hours of
work are so heinous crime.
23. Child labour is a punishment to
tender hands for no fault of theirs
24. Child labour laws fail as these are
unacceptable to people with
unsound financial position.
25. Weak enforcement of laws leads to
child labour with impunity.

26. The parents of child workers shall


be booked under the relevant laws.
27. Child labour shall be completely
band in all aspects.
28. The employers of child labours
shall be dealt with through stringent
punitive measures.

29. The enforcement of child labour


laws shall be strictly observed.
30. Child labour is subject to
punishment under child labour laws.
457

Annexure - III

Questionnaire

Questionnaire for Employers Opinioii

Thesis entitled: "Child Labour: A Socio-Legal Study with special reference to


Aligarh and Firozabad District of Uttar Pradesh"

Research Scholar
M. Khairoowala

Faculty of Law Aligarh Muslim University Aligarh


458

Employers view on Child Labour

1. Age of the respondent


2. Sex Male Female
3. Religion Hindu Muslim
4. Caste General SC ST OBC Any other
5. Education : Secondary level
: Graduate
: Post Graduate

Please give your assessment by tick mark (V) in t le appropriate box as per the given scale.
S. Agree Disagree Strongly Strongly Don't
No. agree disagree know

6. You know Child labour is prohibited.


7. You have employed child labour because
you have no fear of law enforcement.
8. You have child labour because you have
never heard any threat of report of
violation of law.
9. You have employed child labour because
cost of production becomes low.
10. You have child labour because child
labour is easily available
11.. You have employed child labour due to
more profitability of the concern
12. You have employed child labour because
you need not discharging any social
responsibilities.
13. You feel pride while providing
employment to poor children
14. You employ child labour because no
officer from labour department visited
your organization so far.
15. You have employed child labour because
you are getting appreciation in the
society.
16. The supreme court in the latest decision
decided to abolish child labour.
17. Govt, is not following role to eliminate
child labour.
459
18. Society is not playing role to eliminate
child labour.
19. NGO's are playing role to eliminate child
labour.
20. Maintenance of attendance register for
child labour is necessary.
21 You have employed child labor but you
are getting work from their homes
because of fear of fine imposed by the
supreme court decision in M.C. Mehta
verses union of India
22 You have employed child labor but you
are giving work to the children at their
homes because you have fear of law of
enforcement and many labor legislation
to stop child labor.
460

Annexure - IV

Questionnaire

Questionnaire for Parents Opinion

Thesis entitled: "Child Labour: A Socio-Legal Study with special reference to


Aligarh and Firozabad District of Uttar Pradesh"

Name of the informant :

Name of the organization

Occupation

Phone No. (Off) Mobile

Thank you,

Research Scholar
M. Khairoowala

Faculty of Law Aligarh Muslim University Aligarh


401

Parent's opinion on child labour


1. Name
2. Age 25-30 31-35, 36-40 41-45
3 Occupation Farmer Agricultural laborers
Business Laborer in factory
4. Income Up to Rs. 500 501-1000 1001-1500
1500-2000 2001-2500 Above 2500
5. Education Pre-school l" Primary 2"** primary
3'*^ primary 4*** primary 5 primary
Tth gth
6* primary
Secondary level Illiterate
Please give your assessment by tick mark (V) in the appropria te box as pei• the given scale.
S. Educational aspect Agree Disagree Strongly Strongly Un
No. agree Disagree Decided

1. Employment of children as
workers helps them to gain
proficiency in the work and
emerge as highly skilled and
experienced adults.
2. Lack of reinforcement and
reward for educated youth forces
parents to send their children for
work at an early stage?
3. Commercialization of education
forces parents to send their
children for work.

The illiteracy of parents coupled


4. with lack of proper educational
facilities in many areas paves
way for child labour?
Social Aspect
5. Child labour helps a transition
from lower to higher class to
ensure better standard of living.
6. Child labour is a better
alternative to child begging.
7. Child labour is a better
alternative to child prostitution.
8. Employment to children is a
service to the society for
upliftment of poor and destitute.
9. Child labour is no punishment to the
tender hands but instead a proper
nurture and nourishment to make
them best fits in future life.
462
10. Child labour has no rationale as it
is the decision of the parent who
is second to none as well wishes
of their children.
11. Child labour is not unethical
rather fulfillment of social
obligation by employers towards
poor of whom government fails
to take care off.
12. Child labour keeps children away
from education and breeds illiteracy
in a society.
13. Working children are prone to
habits like smoking, gambling and
extravagancy.
14. Child labour compels children to
lead pre-mature adults lives.
15. Child labour has high
opportunity cost as it leads to
loss of potential intellectuals and
thinkers in nation.
16. Inferiority complex when they
sight school going children
which suppresses their courage
and creativity.

17. Children as workers are prone to


exploitation by reason of their
docility.
18. Child labour is an off school of
poverty which is the result of
unequal distribution of wealth.
Legal Aspect
Employing child labour is a
"• violation of human rights.
20. Employment of child is a crime.
21. Child labour is a moral crime
against humanity.
22. Hazardous nature of job coupled
with excessive work load and
long hours of work are so
heinous crime.
23. Child labour is a pimishment to
tender hands for no fault of
theirs. 1 1 1
463

24. Child labour laws fail as these


are unacceptable to people with
unsound financial position.
25. Weak enforcement of laws leads
to child labour with impunity.
26. The parents of child workers
shall be booked under the
relevant laws.
27. Child labour shall be completely
band in all aspects.
28. The employers of child labours
shall be dealt with through
stringent punitive measures.
29. The enforcement of child labour
laws shall be strictly observed.
30. Child labour is subject to
punishment under child labour
laws
LIST OF CASES
1. Francis collie v/s Union Territory of Delhi, AIR 1981 SC.

2. Sheele Barss v/s Union of India, AIR 1988 SC.

3. Laxmi Kant v/s Union of India, AIR 1984 SC.

4. Peoples Union for Democratic Rights v/s Union of India, AIR 1982 SC.

5. Jabber v/s State of U.P., AIR 1966 All.

6. Mineirva Mills Ltd. v/s Union of India, AIR 1980 SC.

7. J.P. Unni Krishnan v/s State of Andhra Pradesh, AIR 1993, SC.

8. M.C. Mehta v/s State of Tamil Nadu and others AIR 1991, SC.

9. Shrimati Menka Gandhi v/s Union of India, AIR 1978 SC.

10. Bandhua Mukti Morcha v/s Union of hidia, AIR 1984 SC.

11. Ajay Hasia v/s Khalid Mujib, AIR 1986 SC.

12. Airport Authority v/s Union of India AIR 1979, SC.

13. Somparkash Lekhi v/s Union of India, AIR 1979, SC.

14. Bapu Ji Educational Association v/s State, AIR 1986 SC.

15. Salal Hydro project v/s State of J&K, AIR 1984 SC.

16. Saroop Kumar v/s State of H.P., Cri. L.J. (1989).

17. Bhoop Ram v/s State of U.P. Cir. L.J. (1990).

18. Vishvjeet v/s Union of India, 1990 SC.

19. Baskey v/s Board of Reagents, M.P. 1954.

20. D.S. Nakasa v/s Union of India, AIR 1983.

21. R.K. Ramachamasan Iyer v/s Union of India, AIR 1984 SC.

22. M.S. Mehta v/s State of Tamil Nadu.

23. Fertilizer Cooperation Kamgar Union v/s Union of India, AIR 1974 SC.

24. K.R. Shenoy v/s Udipi Municipality, AIR 1974, SC.


465

25. Ram Kumar Mishra v/s State of Bihar, AIR 1984, SC.

26. Ratlam Municipality case, AIR 1980 SC.

27. Olga Tellis v/s Bombay Municipal Corporation, AIR 1986, SC.

28. Mukesh Advani v/s State of M.P., 1985 SC.

29. P. Sivasvsrami v/s State of A.P. AIR 1988, SC.

30. Luxmi Kant Pandey v/s Union of India, 1987 SC.

31. Sunjit Roy v/s State of Rajasthan, AIR 1982 SC.

32. Deena v/s Union of India, AIR 1983 SC.

33. Bihar Legal Support Society v/s Chief Justice of India and Others, AIR 1987, SC.

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