Working Group for twelfth five year plan 2012-17

1. Working Group for twelfth five year plan ( 2012-17 ) Child Labour Bonded and Migrant Labour

3. Magnitude of Child Labour Problem

5. Child Labour In India Economically active children in India*(5-14 years, in Crores) 

7. As per Survey Conducted by National Sample Survey Organisation ( NSSO ) in 2004-05, the number of working children was reported 90.75 lakhs

13. Legislative Provisions – Child Labour ( Prohibition & Regulation ) Act 1986 As per the Child Labour (Prohibition & Regulation) Act, 1986 “child” means a person who has not completed his 14th year of age.

14. Legislative Provisions The Act prohibits employment of children in 18 occupations and 65 processes contained in Part A & B of the Schedule to the Act (Section 3).

15. Legislative Provisions Under the Act, a Technical Advisory Committee is constituted to advice for inclusion of further occupations & processes in the Schedule. The Act regulates the condition of employment in all occupations and processes not prohibited under the Act (Part III).

16. Legislative Provisions Any person who employs any child in contravention of the provisions of section 3 of the Act is liable for punishment with imprisonment for a term which shall not be less than three months but which may extend to one year or with fine which shall not be less than Rs 10,000 but which may extend to Rs 20,000 or both. (Section 14). The Central and the State Governments enforce the provisions of the Act in their respective spheres.

17. National Child Labour Project  Under the project based plan of action, Government announced National Child Labour Programme in 1988 in districts of high child labour concentration. The objective of the Scheme is to identify working children, withdraw them from work, put them into special schools and to mainstream them into formal education. Stepping up enforcement of the Child Labour (P&R) Act. Coverage of families of Child Labour under income/employment generation programmes.

19. Progress

21. Overview of the implementation of the scheme in 11th plan During the 10th plan, 150 new projects were sanctioned , out of this 86 made operationali zed. 64 new projects were operationalized during 11th plan 21 new ( Indus ) projects have been inducted in NCLP schemes and now schemes is in operation into 271 districts. contd.

22. 3,30, 000 children have been mainstreamed during 11th five year plan. Nutrition component of NCLP scheme has been converged with mid day meal scheme of M/O HRD w.e.f. October, 2009. Honorarium of project society staff and schools has been increased w.e.f. 01-04-2011 Stipend of NCLP school children has been increased from Rs100 /month to Rs 150/month

23. The Indus Project is jointly funded by the Ministry of Labour, Government of India and the Department of Labour, United States of America (USDOL) and is implemented in ten hazardous sectors in 21 districts across five states viz. Delhi, Maharashtra, Madhya Pradesh, Tamil Nadu and Uttar Pradesh. The Project has been completed on 31st March 2009. An estimated 103,152 child and adolescent workers withdrawn and rehabilitated against set target of 80,000 children. New ILO Project titled “ Converging against child labour” Support for India’s Model launched on 30th July, 2010. The Project is funded by USDOL and will be implemented in five states. contd.

24. At the time of enactment of CLPRA, there were 6 occupations and 13 processes, where employment of children was prohibited. The list has been expanded to include 18 occupations and 65 processes at present. During 11th plan 3 new occupations and 8 processes has been included in hazardous list. Government has recently included two occupations i.e, “ caring of elephants” and “ children in Circus “ in the list of hazardous occupations.

25. A protocol on Prevention, Rescue, Repatriation and Rehabilitation of migrant and trafficked child labour has been developed and circulated among all the states for implementation. Extensive media campaign was launched in electronic and print media Yearly funds were also released to state Governments for generating awareness.

26. Ministry is making efforts for Convergence with other Ministries:

27. Skill Development Initiative Scheme (SDIS) Objective of the scheme: To provide vocational training to school leavers, existing workers, ITI graduates, etc. to improve their employability by optimally utilizing the infrastructure available in Govt., private institutions and the Industry. Existing skills of the persons can also be tested and certified under this scheme. To build capacity in the area of development of competency standards, course curricula, learning material and assessment standards in the country. Demand driven short term training courses based on Modular Employable Skills (MDS) decided in consultation with Industry. MES is the ‘minimum skills set’ which is sufficient for gainful employment.

28. Converging against Child Labour: Support for India’s Model Objective: The Development Objective is to contribute to the prevention and elimination of hazardous child labour, including trafficking and migration of children for labour. Geographical Coverage: India ( Two districts each in Bihar, Jharkhand, Gujarat, Madhya Pradesh, and Orissa ) Duration: 42 months USDOL Donor Contribution : US$ 6,850,000

29. Major Areas of Convergence RTE MDM MGNREGA Food Security Act Social Security RSBY NCLP INDUS WCD schemes

30. Strategy for the 12th Plan

31. Extension of NCLP Scheme in other districts based on the child labour data of Census 2011. Formation of State Project Society under the Chairpersonship of Principal Secretary/ Secreatry ( Labour ) for implementation of NCLP scheme. Alignment of NCLP Scheme with RTE Act, 2009. Creation of National Level Monitoring Committee Creation of State Level Monitoring- two tier monitoring committees at state level will be more effective. ( a ) Core Committees on child labour under chief secretary and (b ) State monitoring committee under state labour Secreatry

32. Revision of NCLP Scheme with addition of following components:  Child Labour Survey in all districts. Standard Curriculum and learning material to be adopted in all NCLP Schools. (III) Teacher training twice during 12th Five Year Plan preferably through DIETs/DRUs in the districts, in association with SSA. ( IV) Comprehensive Pre-vocational training. Strengthening of health component. Provision of uniform and school bags. Contd…

33. Contd… Residential schools for migrant child labour. Enhancement of Honorarium of Staff/ teachers of NCLP society/ schools Enhancement of Stipend of school children Enhancement of rent for school buildings. Award scheme to motivate the project officials. Awareness generation. Vocational training for adolescents after completion of study in NCLP Schools. Creation of National Monitoring Cell and State level monitoring cell. Tracking and monitoring of child labour.

34. Convergence with other Ministries (a) Schemes of Department of Education Sarva Shiksha Abhiyan (SSA) Mid Day Meal Scheme (b) Schemes of Ministry of Women & Child Development For providing food and shelter to the children withdrawn from work through their schemes of Shelter Homes, ICPS Balika Samridhi Yojana and admission of children withdrawn from into residential schools under SC/ST/OBC Schemes.

35. Contd…. (c) Schemes of Ministry of Rural Development Mahatama Gandhi National Rural Employment Guarantee Act (MGNREGA). Swarnjayanti Grameen Rozgar Yojana (SGRY) Indira Awas Yojana (IAY) (d) Scheme of Ministry of Labour & Employment Rashtriya Swasthya Bima Yojana (RSBY) Skilled Development Initiative Scheme (SDIS)

36. Amendment of Child Labour ( P & R ) Act, 1986 Child Labour ( P & R ) Act, 1986 was enacted in 1986 has been in operation from last 25 years and being a social legislation needs to revisited on account of the societal changes have been occurred since then. The area needs to be visited minimum age for prohibition of employment of children. Addition of more occupations and processes. Framing rules for the health and safety of the children employed or permitted to work in any establishment. Imposition of stiffer penalty for violation of the Act.

37. Roadmap for elimination of worst forms of child labour by 2016

38. HISTORY 1992 – Creation of IPEC 1999 – Adoption of ILO Convention 182 on Worst Form of Child Labour 2006 – ILO Global Plan to eliminate worst form of Child Labour by 2016 May 2010 – Hague Global Conference on Child Labour - Preparation of a Road Map Nov. 2010 – Adoption by ILO G.B. of Road Map

39. Road Map Components Action by Governments Action of Social Partners Action by NGOs and Civil Society Action by International and Regional Organizations

40. National legislation and enforcement Ratifications Enforcing national legislation Developing and implementing cross-sectoral national action plans Providing adequate resources Periodically reviewing and updating national lists of hazardous work Ensuring access to justice by children and their families Enforcing appropriate sanctions against perpetrators of the worst forms of child labour

41. Education and Training Extending and improving access to free, compulsory, quality education for all children, with a particular focus on girls Adopting strategies to remove costs in particular fees and school supplies

42. Adopting strategies to (i) encourage and monitor school enrolment, attendance, retention and reintegration, through, for instance, scholarship and school meal programs (ii) Create a child-friendly learning environment and support their transition into appropriate education or vocational training

43. Social Protection Social and health services to vulnerable and socially excluded households, hard-to-reach children and children with special needs Basic social protection floor Fighting discrimination System of social protection through for instance (a) cash transfer schemes (b) public works (c) access to credit (d) insurance and savings schemes Assisting victims of the worst forms of child labour to prevent their return to child labour

44. Labour Market Policy Taking action to foster a well-functioning labour market Access to vocational training Supporting employment creation and promoting decent and productive work for adults and young people of working age

45. Thank You

46. ILO Convention 182- worst forms of Child Labour For the purpose of this Convention the term child shall apply to all person under the age of 18. The term worst forms of child labour comprises: a) All forms of slavery or practices similar to slavery, such as the sale and trafficking of children (debt bondage and serfdom and forced or compulsory labour), including forced or compulsory recruitment of children for use in armed conflict. Contd….

47. Contd. b) The use, procuring or offering of a child for prostitution, for the production of pornography or for the pornographic performances. c) The use, procuring or offering of a child for illicit activities, in particular of the production and trafficking of drugs. d) work, which by its nature or the circumstances in which it is carried out is likely to harm the health, safety or morals of children.

48. India’s stand on ILO Convention 182 The first three categories are already banned in India. Slavery, debt bondage and forced or compulsory labour are banned through Bonded Labour System (Abolition) Act, 1976. Procuring or offering of a child for prostitution, production of pornography or for pornographic performances and procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs has been banned through Indian Penal Code, Immoral Trafficking Prevention Act, 1956 and Narcotic Drugs and Psychotropic Substances Act, 1985 respectively.

49. India’s stand on ILO Convention 182 c) Use of child labour in hazardous occupation is prohibited under the Child Labour (Prohibition & Regulation) Act, 1986, the provision extends to the children below the age of 14 years.

50. Main hurdle in ratification of ILO Convention 182 The main problem preventing Government of India from ratifying this Convention is that the Convention provides prohibition of employment of children below 18 years in hazardous occupations, whereas, in India as per Child Labour (Prohibition & Regulation) Act, this age is 14 years. The issue of working out the modalities for Ratifying the ILO Convention 182 in line with our Constitution Provisions is under active consideration.