Action Plan

Government Order

I.          INTRODUCTION

A child of today cannot develop to be a responsible and productive member of tomorrow's society unless an environment, which is conducive to his intellectual, physical and social health is assured to him. Every nation developed or developing, links its future with the status of its children.  Childhood holds the potential and also sets the limit to the future development of the society. Children are the greatest gift to humanity. Neglecting children means loss to the society as a whole. If children are deprived of their childhood- socially, economically, physically and mentally - the nation gets deprived of potential human resources for the social progress, economic empowerment, peace and order, social stability and good citizenry.

 II.          INCIDENCE OF CHILD LABOUR

 CHILD LABOUR DEFINITION

The International Labour Organization: 

'Child Labour includes children prematurely leading adult lives, working long hours for low wages under conditions damaging to their health and to their physical and mental development. Sometimes separated from their families, frequently deprived of meaningful education and training opportunities that would open for them a better future.'

Definition of child labour varies under various labour enactments. Some of them are given in Annexure - II. According to these enactments, the minimum age for employment varies from 14 years to 18 years.

GLOBAL 

             Child labour problem is a global phenomenon. According to International Labour Organization's Bureau of Statistics (1998), there are 250-million child labourers in the age group 5-14 in the developing countries. Of them, 120 million children are working full time and are engaged in hazardous and exploitative occupations.

INDIA

            In India , according to 1991 census there were 11.29 million child workers. National sample survey figures for the year 1999-2000 indicated that there were 10.4 million child labourers.

 TAMIL NADU 

            In Tamil Nadu, according to 1991 census, there were 5.78 lakhs child workers. 48.2% of them were male and 51.8% were female child workers. The survey for the SSA (Sarva Shiksha Abhiyan - Education for all Programme) during the year 2001 has estimated child labour figure as 3.49 lakhs.

OCCUPATIONAL CLASSIFICATION OF WORKING CHILDREN IN TAMILNADU

 (BASED ON 1991  CENSUS)

 

              Category

Percentage of

Male Child Workers

Percentage of

Female Child Workers

Percentage of

All Child Workers

 

Cultivators

18.78

14.46

16.70

Agricultural labourers

40.90

53.43

46.94

Manufacturing, Processing, Servicing & Repairing in Household Industry

4.64

8.74

6.62

Others¨

35.68

23.37

29.74

Total

100.00

100.00

100.00

 

¨ Livestock, Mining, Manufacturing Processing, Servicing & Repairing in other than Household Industry, Construction, Trade, Transport and other services

.         In Tamil Nadu about 64% of the child work force is concentrated in agriculture and allied activities. Though agriculture is the predominant occupation where children are involved, employment of children in manufacturing and service sector is quite significant in Tamilnadu with over 36% of the working children.

         Child Labour is widely prevalent in Shops, Hotels and Restaurants in all the Districts of Tamil Nadu. Child labour is prevalent in match and fireworks industries of Virudunagar, Tuticorin, Tirunelveli Districts, in tanneries of Vellore and Dindugal districts, in Hosiery industry of Tiruppur and Coimbatore , in beedi industry of Tirunelveli and Vellore districts, Silver anklet manufacturing in Salem , Gem cutting in Trichy and  Pudukottai

 In 1995, a survey was conducted by the District Administration to identify children in child labour intensified districts i.e. Vellore , Trichirappalli, Pudukkotai, Salem , Coimbatore , Tirunelveli, Virdhunagar and Dharmapuri.  The identified children in the above districts were 2,45,796. 

III. LEGAL PROVISIONS

The Constitution of India prohibits employment of children below the age of 14 years in factories, mines or hazardous employments.

The Child Labour (Prohibition and Regulation) Act 1986 prohibits employment of children below the age of 14 years in certain hazardous occupations and regulates their employment in other occupations. This is a central Act.

In Tamil Nadu, employment of children is prohibited altogether in the Tamil Nadu Shops and Establishments Act, 1947 and the Tamil Nadu Catering Establishments Act,1958.

IV.   INITIATIVES

Hon'ble Chief Minister Dr. J. Jayalalitha with vision and mission initiated efforts to eliminate child labour in specific sectors in the year 1993.

·        Survey and situational analysis of child labour in the match and fireworks belt in Virudhunagar and Tuticorin Districts were conducted in 1993 by Social Welfare Department.

·        Tamil Nadu Rules were framed for the Child Labour (Prohibition & Regulation) Act, 1986 in the year 1994

·        The Tamil Nadu Compulsory Elementary Education Act, was enacted in 1994.

·        A State Advisory Board for child labour was constituted in 1995 under the chairmanship of Hon’ble Minister for Labour with representatives of other departments concerned.

·        The Tamilnadu Slum Clearance Board, Chennai was allotted Rupees One Crore in March 1996 for undertaking Child Labour Eradication Project in Chennai City .

·        Enforcement machinery was geared up and training was given to officials.

A National Child Labour Policy was formulated in the year 1987 with a view to address the problem of child labour. Legislative and developmental measures were undertaken and project based action plan was worked out. In Tamil Nadu, National Child Labour Projects were initiated in 9 child labour endemic districts. Children were withdrawn from the hazardous establishments and were admitted in special schools and mainstreamed into formal schools.

 In the National Conference on Child Labour held on 22nd January 2001 at New Delhi it was resolved to eliminate child labour in hazardous occupations and processes by the year 2005. In tune with National Policy on Child Labour, the Government of Tamil Nadu have also initiated a number of measures for the eradication of Child Labour.           

1. ENFORCEMENT OF LABOUR LAWS PROHIBITING CHILD LABOUR

The Prohibitory provisions under the following labour enactments are implemented in the State by the Assistant Inspectors of Labour, Deputy Inspectors of Labour, Inspectors of Labour and Inspectress of Labour in the Labour Department and Assistant Inspectors of Factories and Inspectors of Factories in the Chief Inspectorate of Factories.

·        The Child Labour (Prohibition & Regulation) Act, 1986

·        The Factories Act, 1948

·        The Motor Transport Workers Act, 1961

·        The Beedi and Cigar Workers (Conditions of Employment) Act, 1966

·        The Tamil Nadu Shops and Establishments Act, 1947

·        The Tamil Nadu Catering Establishments Act, 1958

2. IMPLEMENTATION OF THE DIRECTIONS OF THE SUPREME COURT

 The Supreme Court judgment in Writ Petition C.No.465/86,( M.C.Mehta Vs. State of Tamilnadu ) on 10.12.1996 on Child Labour.

  • An Establishment wise survey was conducted in April 1997.

  • The State Government deposited a sum of Rs.4, 74,65,000/- in the State Child Labour Rehabilitation Cum Welfare Fund.

  • Cases were filed under the Child Labour (Prohibition and Regulation) Act 1986.

  • District level Child Labour Rehabilitation cum Welfare Fund Societies were formed.

  • Monitoring cell was formed in the Labour Department to monitor the implementation of the Supreme Court’s direction

3.   NATIONAL CHILD LABOUR PROJECT

  • National Child Labour Projects are functioning in Virudhunagar, Salem , Pudukottai, Dharmapuri, Vellore , Tuticorin, Trichy, Coimbatore and Tirunelveli.

  • 472 special Schools are functioning and 20,044-child labourers who are withdrawn from labour force are studying in these schools. They are provided with a stipend of Rs 100/- per month in addition to mid day meal and educational materials.

 4. ILO-INTEGRATED PROGRAMME FOR ERADICATION OF CHILD LABOUR - ‘Integrated Area Specific Approach Against the Hazardous and Exploitative Forms of Child Labour’

ILO-Integrated Programme for eradication of child labour is functioning at Sivakasi and Tirupur. 2648 children withdrawn from labour force were enrolled in transit schools and have completed their education.. So far 20685 children in the age group of 5 to 7 years were enrolled due to the enrolment campaign of the ILO-IPEC project. 575 children in the age group of 13 to 16 years had been given skill Training. Presently, 682 children are receiving the skill training. Mothers of Child Labourers are formed into 140 credit groups and they are given Entrepreneur Development Training. 2236 mothers are members of the Self Help Group.

5. INDO-US-DOL-PROJECTS   

Ministry of Labour, Government of India and United States Department of Labour have signed a joint statement on ‘Enhanced Indo-US Cooperation on Eliminating Child Labour’ in August 2000. In that statement they have expressed their commitment to the prohibition and eradication of the worst forms of child labour in identified industries namely hand rolled beedi, brassware, hand made bricks, fireworks, footwear, hand-blown

Glass bangles, hand- made locks, hand dipped matches, hand-broken quarried stones and silk.

  •  The project strategy envisages complete eradication of child Labour in the identified districts, on a priority basis, through a multi-sectoral package of services

·        The Government of India have proposed to implement the new Projects in Kancheepuram, Thiruvannamalai, Namakkal, Tiruvallur and Virudhunagar districts of Tamil Nadu.

          In continuation of these efforts, Tamil Nadu, under the able guidance of our Hon’ble Chief Minister Dr. J. Jayalalitha, has adopted child Labour eradication as one of its top priorities in its 15 Point Programme for making Tamil Nadu the best State in the country in every sphere.

The State plan of action aims at eliminating child labour in hazardous employment by the year 2005 and in non-hazardous employment by the year 2007.

 

V.        OBJECTIVES OF THE ACTION PLAN

·        To prevent children below the age of 14 from working for wages or for a living in hazardous or non-hazardous occupations

·        To take steps to identify and release every child below the age of 14 years, if found working.

·        To take all measures to rehabilitate the released child labour.

·        To implement various developmental schemes, poverty alleviation programmes and self employment schemes to benefit the families of child labour

·        To take up massive awareness generation programmes through community participation and to create a positive climate for eradication of child labour

 

VI.             ACTION PLAN FOR ERADICATION OF CHILD LABOUR

  1.                          SURVEY AND IDENTIFICATION OF WORKING CHILDREN

·        A database should be created on the number of working children and profile of parents.

·        A micro-planning exercise should be undertaken to identify available resources and infrastructure.

·        The survey would be carried out by an independent agency.

 2.   REHABILITATION OF CHILD LABOUR

 ·        The Child Labour identified should be released from work and admitted in National Child Labour Project special schools in the districts where NCLP is functioning.

  • In the non-NCLP districts the child labour identified should be admitted in the alternate schools proposed to be run by the Education department under Sarva Sikshya Abhiyan scheme. 

 3.     ENROLMENT OF CHILDREN IN THE AGE GROUP   5 TO 7 YEARS       

A special enrolment drive should be carried out by the Education Department along with the other Departments under the leadership of the District Collector within two months after the approval of the Action Plan.

4.   MAINSTREAMING CHILD LABOUR TO FORMAL SCHOOLS

·             Children to be mainstreamed from NCLP special schools to formal schools after completion of their studies in the special schools.

  • Follow up of mainstreamed children in assessing their performance by teachers and offering support.

  • Maintaining accurate data on the number of children mainstreamed

     5.     STRENGTHENING OF FORMAL EDUCATION

  • Strengthening of Parent-Teacher Associations up to primary level.

  • Strengthening the Village Education Committees.

  • Enforcement of The Tamil Nadu Compulsory Elementary Education Act,1994.

  1. ENFORCEMENT OF LEGISLATIONS RELATING TO PROHIBITION OF CHILD LABOUR

  • Child Labour prevention Squads to be formed with authorized Volunteers/Nongovernmental Organizations, Doctors, and Enforcement Authorities.

  • Strict and effective enforcement of the labour laws relating to prohibition of child labour.

  • Undertaking should be obtained from Contractors while issuing work orders to the effect that they would not engage Child Labour and also for cancellation of contract in case of breach in this condition.

    7.    AWARENESS GENERATION

·        Widespread awareness generation to create a positive climate for children to go to school and not to work.

·        Effective utilization of folk, print and electronic media.

·        Sensitization Programme for all Government officials on child rights.

·        Training for N.S.S, N.C.C, Women Groups, Parent-Teachers Association, and Panchayat Presidents on the issues relating to child labour.

·        Incentive should be given to teachers by way of ‘Best Teacher Award' for enrolment of child labourers and dropouts into Formal Schools.

·        Observance of a specific day as ‘Anti Child Labour Day’. (June 12th is being observed as Anti Child Labour Day by ILO)

   8.  TARGETED IMPLEMENTATION OF DEVELOPMENT SCHEMES /

         PROGRAMMES

·        Focusing of development schemes in the district to benefit child labour families.

·        Focusing on rescued Child Labour in utilization of special funds like Tamilnadu Manual Workers Social Security and Welfare Fund, Beedi Workers Welfare Fund, etc.

·        Parents of rescued child labour should be given priority in the existing poverty alleviation and self-employment schemes.

·        To supplement income loss, mothers of rescued child labour to be given appropriate skill training and encouraged to form women's self-help groups.

·        Strict enforcement of Minimum Wages Act.

9. TRAINING

  • Conferences / Seminars / Workshops / Training Programmes shall be organized on Child Labour Issues at State and District levels.

  • The services of Administrative Training Institute / Training Institutes for Rural and Urban bodies and Gandhi Gram Training Institute, may be utilized for the purpose of imparting training on the issues of Child Labour.

 10. CONVERGENCE OF SERVICES:

In addition to the specific measures under the Action Plan, convergence of the existing services of the following departments, on Governmental Organizations and other bodies is necessary to eliminate child labour.

EDUCATION DEPARTMENT

FACTORIES DEPARTMENT

SOCIAL WELFARE DEPARTMENT

RURAL DEVELOPMENT DEPARTMENT

MUNICIPAL ADMINISTRATION DEPARTMENT

LABOUR DEPARTMENT

PUBLIC WORKS AND HIGHWAYS DEPARTMENT

POLICE DEPARTMENT

HEALTH DEPARTMENT

INFORMATION AND PUBLIC RELATIONS

  DEPARTMENT

ADI DRAVIDA WELFARE DEPARTMENT

REVENUE DEPARTMENT

DEPARTMENT OF SOCIAL DEFENCE

 

NGO'S AND OTHER ORGANIZATIONS

       Suggested activities are given in the annexure III.

 

11.INVOLVEMENT OF  EMPLOYERS:

Involving the Employers Associations in eradication of child labour is very important

  • Efforts have to be made to impress upon the employers that they should stop employing child labour and come forward voluntarily in rehabilitation of child labour.

13. COMMUNITY PARTICIPATION IN CHILD LABOUR ERADICATION

  • Local community will be involved in eliminating child labour practice. Panchayats, Panchayat Unions, Town Panchayats, Municipalities and  Corporations should aim to become 'Child Labour Free'

  • Government may institute an award for Child Labour Free Panchayats/Panchayat Unions / Town Panchayats / Municipalities/Corporations/Districts.

 14. IMPLEMENTATION OF THE ACTION PLAN

 AT THE DISTRICT LEVEL

  •  In all the nine districts where National Child Labour Projects are functioning National Child Labour Project Societies have been formed comprising of concerned departmental officers under the chairmanship of the District Collector. These Societies will be responsible for implementing the Action plan for eradication of Child Labour at the District level.

  • In other districts, Child Labour Rehabilitation cum Welfare Societies have been constituted for assisting children identified in hazardous and non-hazardous establishments. These societies will be activated. These Societies will be responsible for implementing the Action plan for eradication of Child Labour at the District level. If a district does not have such a society, it should be formed.

AT THE STATE LEVEL

A State Child Labour Rehabilitation cum Welfare Society may be registered under the Chairmanship of the Commissioner of Labour.  This Society will be responsible for implementation of the State Action Plan for Eradication of Child Labour.

A Monitoring cell has already been constituted in the Office of the Commissioner of Labour. The cell is monitoring the activities relating to the eradication of child Labour as per the directions of the Supreme Court. This cell will undertake the Secretarial work of the State Child Labour Rehabilitation cum Welfare Society.

15.  FUNDS

For conducting surveys, awareness generation and training programmes and grant of assistance for education of the child labourers rescued as per Supreme Court direction, an initial corpus of Rs 1.25 crores will be provided to the State Child Labour Rehabilitation cum Welfare Society. Community/ private/corporate sponsorship for the programmes may also be sought.

 ·        At the district level, the district committee headed by the District Collector may receive funds from State Government, Government of India and Private/ Corporate sponsorship.

·        In addition to the funds under action plan, the funds available under regular budget schemes of various departments should be utilized giving priority for the activities connected with the eradication of child labour.

 16.  MONITORING MECHANISM

Monitoring and evaluation of implementation of the action plan are required to be done by a suitable mechanism at the district and the state levels. Continuous feedback is necessary to take timely corrective measures as and when necessary and to implement the programme effectively in a time bound, cost effective and result oriented manner.  

  • There is a State Monitoring Committee for monitoring the National Child Labour Projects in the State. The Labour Secretary is the Chairman and the Additional Commissioner of Labour (Child Labour Monitoring Cell)) is the Secretary for this Committee. This Monitoring Committee would undertake the work of monitoring

the implementation of the State action Plan for Eradication of Child Labour in the State.

17. EVALUATION

Documentation and dissemination of successful experiments are necessary. Periodical independent evaluation study will be commissioned by the Society and reports placed before the Government.

18.   GUIDANCE

A State Authority on Child Labour has been formed under the Chairmanship of Chief Secretary with other concerned Secretaries as members. The authority will meet once in six months to review implementation of the Action Plan for eradication of child labour and make appropriate recommendations to achieve the targets of eradication of child labour in hazardous occupations by the year 2005 and in all occupations by the year 2007

ANNEXURE-A

 The United Nations Conventions on the Rights of the Child 1989 in Article 32 states as follows:

"State parties recognize the rights of the child to be protected from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child health, or physical, mental, spiritual, moral or social development"

 

CONSTITUTIONAL PROVISIONS

 

The Constitution of India has also made special provisions for the protection and restoration of the rights of children.

Art-  23:

Prohibition of traffic in human beings and forced labour.

Traffic in human beings and beggars and others similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

 

Art- 24:

Prohibition of employment of children in factories etc.

No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

 

      Article-39(e) and (f):

Directive principles of the state policy

The state shall, in particular, direct its policy, securing:

(e) That the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocation unsuited to their age or strength.

(f) That children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.

 

Article- 45:

Provision for free and compulsory education for children

The state shall endeavor to provide within a period of ten years from the commencement of this constitution, for free and compulsory education for all children until they complete the age of fourteen years.

 ANNEXURE-B

DEFINITION OF CHILD AND PROVISIONS RELATING TO EMPLOYMENT OF CHILDREN UNDER VARIOUS ACTS

  1. The Factories Act, 1948:

The Act prohibits the employment of a child who has not completed 14 years.

  1. The Apprentices Act, 1951:

A person shall not be qualified for being engaged as an Apprentice  . . . unless he is not less than 14 years of age.

  1. Plantation Labour Act, 1951:

"Child means a person who has not completed his 14th year."   (There is no prohibition of children. A certificate of fitness is necessary for employing a child.)

  1. The Mines Act, 1952:

The Act prohibits the employment of a child below 18 years of age for work below ground.

  1. The Child Labour (Prohibition & Regulation) Act, 1986:

The Act prohibits the employment of a child who has not completed his 14th year of age in any of the occupations set forth in part A of the schedule or in any workshop wherein any of the processes set forth in Part B of the Schedule are carried on.

  1. The Merchant Shipping Act, 1958:

The Act prohibits Children less than 14 years of age to be engaged or carried to sea work in any capacity in any ship, subject to certain exceptions.

  1. The Motor Transport Workers Act, 1961:

The Act prohibits the employment of Children less than 14 years of age in any motor transport undertaking.

  1.  The Beedi and Cigar Workers (Conditions of Employment) Act, 1966:

The Act prohibits the employment of children less than 14 years of age in any industrial premises manufacturing beedi or cigar.

  1. The Tamil Nadu Shops and Establishments Act, 1947:

The Act prohibits employment of Children who have not completed 14 years of age

10. The Tamil Nadu Catering Establishments Act, 1958:

The Act prohibits employment of Children who have not completed 16 years of

Age

11.    The Tamil Nadu Handloom Workers (Conditions of Employment and Miscellaneous Provisions) Act 1981

The Act prohibits employment of Children who have not completed 16 years of age

 12.    The Tamil Nadu Manual Workers (Regulation of Employment and conditions of work) 1982

The Act prohibits employment of Children who have not completed 16 years of age in any scheduled employment.

ANNEXURE :C  

SUGGESTED ACTIVITIES OF VARIOUS DEPARTMENTS

 1. LABOUR DEPARTMENT

i)                    To ensure strict implementation of all the labour laws relating to prohibition of child labour.

ii)                   To utilize the services of Medical Officers of Employees State Insurance Corporation, Health Department/Local PHC's for the certification for proof of age of child labour.

iii)                 Labour department to act as nodal agency and facilitate the co-ordination between various implementing agencies/departments at state level.

iv)                 To facilitate the collection and compilation of data through district committees.

v)                  Vigorous enforcement of the Minimum Wages Act, 1948.

vi)                 To arrange training programmes and conducting seminars/workshops.

vii)               To observe June 12th of every year as "Anti Child Labour Day" by organizing programmes

viii)              To form Child Labour Squads to be formed with authorized Volunteers/Non governmental Organizations, Doctors, and Enforcement Authorities.

ix)                 To organize Joint raids every month by the Enforcement Officials

 

2. FACTORIES DEPARTMENT

i)                    To ensure strict implementation of the Factories Act 1948 and Child Labour(Prohibition and Regulation ) Act 1986 relating to prohibition of child labour.

ii)                   To utilize the services of Medical Officers of Employees State Insurance Corporation, Health Department/Local PHC's for the certification for proof of age of child labour.

iii)                 Vigorous enforcement of the Minimum Wages Act, 1948.

iv)                 To observe June 12th of every year as "Anti Child Labour Day" by organizing programmes

v)                  Child Labour Squads to be formed with authorized Volunteers/Non governmental Organizations, Doctors, and Enforcement Authorities.

vi)                 Joint raids should be organized every month by the Enforcement Officials

 

3. DEPARTMENT OF RURAL DEVELOPMENT

i)                    To observe June 12th of every year as "Anti Child Labour Day" by all the Panchayat Raj Institutions.

ii)                   To ensure that every Panchayat Raj Institution, passes resolutions stating that they would eliminate child labour and endeavour, to rehabilitate the released child labour.

iii)                 To ensure that no child below 14 years of age is allowed to work in their jurisdiction of Gram Panchayats/Panchayat Unions and review the status as a standing agenda in all monthly meetings of Grama Panchayats/Panchayat Unions.

iv)                 The licences issued by the Panchayat Raj Institutions to be cancelled if such licence holders are found engaging child labour

v)                  Grama panchayats/Panchayat Unions to liaise with the village education committees, panchayat members, village elders, teachers, parents, officials and NGOs to monitor the education system and ensure 100% enrolment in the schools.

vi)                 Reporting of the existence of child labourers in their jurisdiction to the Inspector of Labour/Factories of the District shall be made compulsory duty of each Panchayat/Panchayat Union.

vii)               Every Panchayat/Panchayat Union shall make efforts to declare their Panchayat as a child labour free Panchayat/Panchayat Union .

4. SOCIAL WELFARE DEPARTMENT:

i)                    To consider synchronizing the timings of Anganwadis with that of primary schools, so that girl child need not miss school to take care of siblings at her home.

ii)                   Mobilize public opinion to protect the rights, privileges and facilities provided under the existing laws in respect of girl child.

iii)                 To help in detecting child labour in various institutions, organizations and industries.

iv)                 To create awareness about the evils of child labour among their members of Madhar sangams & in their communities.

v)                  To ensure that no member of the SHG / Madar Sangams employs children including domestic labour.

vi)                To include a clause against child labour in the standard SHG pledge.

 5. EDUCATION DEPARTMENT

 i)                    Ensure that schools have basic amenities like water supply and toilets (separate for girls) that will encourage children, especially girls to continue studies.

ii)                   Revamp the existing teacher's training programme to bring in the issue of child labour and its link to universalization of elementary education.

iii)                 Not to insist upon birth certificates or proof of age or other such documentary

evidence for admitting released child labour into government and other schools, as parents of child labourers find it difficult to obtain them.

iv)                 To make efforts to start residential school for children of migrant labourers/bonded child labourers.

v)                  To conduct orientation classes for the teachers / non-teaching staff to involve them in the implementation of action plan.

vi)                 To impart Education including vocational training appropriate to the aptitude of the child imparted in addition to formal education.

vii)               Education given to the child labour in non-formal and special schools should be certified.

viii)              To sensitize the society on eradication of Child Labour by Mass Campaign/Continuing Education Programme of the department.

ix)                 The component of Child Labour issue should form part of all the programmes of the department.

x)                  Training Programmes on Child Labour to be arranged for grass-root level workers of the Department.

xi)                 Adult education programme be taken up for the parents of child labourers so that a literate environment is created in the family

 

6. PUBLIC WORKS AND HIGHWAYS DEPARTMENT  

The work contract assigned to the contractors shall be cancelled if they engage child labour in executing works and such contractors should be black listed for three years.

 7. POLICE DEPARTMENT:

i)                    The Police Inspectors should exercise the powers vested in them under Section 16 of the Child Labour (Prohibition and Regulation) Act, 1986 and file a complaint of the commission of an offence under this Act in any court of competent jurisdiction.

ii)                   Police Department to give protection to the inspectors and authorities when the raids are conducted for release of child labour.

iii)                 Police Department to give escorts and protection, when campaigns are organized by the NGO, Trade Unions and various authorities to create awareness, mobilization and sensitizations.

 

8. HEALTH DEPARTMENT:

i )              To undertake health care programmes and periodical health check-up to the released    child labour at the special schools/alternate schools/formal schools.

ii)                   To ensure issue of correct age certificate to child labour by competent doctors and accompany the enforcement officials during inspections, if required.

iii)                 The District Collector to be empowered to refer all bogus medical certificates   to the medical board for verification and take penal action if required.

 

9. DEPARTMENT OF MUNICIPAL ADMINISTRATION

i)                    All urban local bodies to ensure compulsory primary education and to monitor the progress of all children up to the age of 14 years.

ii)                   Institutional mechanisms to be evolved for implementing the action plan in the Town Panchayats, Municipalities and Corporations.

iii)                 Obtain an undertaking while granting any license / permission to the effect that the applicant should not engage child labour. In case of violation, such licenses / permission should be cancelled.

iv)                 Sensitization and awareness training programmes against the employment of child labour to all functionaries of urban local bodies including the Councilors, Commissioners and field functionaries.

v)                  Every Urban Local Body shall strive to declare their jurisdiction as child labour free.

10. INFORMATION AND PUBLIC RELATIONS DEPARTMENT

i)                    To undertake massive publicity campaign among the public to create an environment which encourages the child to go to school instead of work.

ii)                   To play a pivotal role with the active support of media and other resource groups including advertising agencies, NGO and district committees for child Labour Eradication, to create a social mobilization programme for successful implementation of the action plan. The issue of child labour should be articulated and success stories of rehabilitation of child labour should be highlighted.

iii)                 To undertake a campaign to create awareness about the government schemes specially meant for rehabilitating child labour. 

 11.        REVENUE DEPARTMENT  

i)                    To enforce Child Labour (Prohibition and regulation) Act, 1986 and identify children employed in hazardous employment and take necessary measures to release them from employment

ii)                  Take measures to rehabilitate child labour families by issuing  free patta

 12.        ADI DRAVIDA WELFARE DEPARTMENT             

 i)                    To provide Hostel facilities to the SC/ST child labourers

ii)                   To provide scholarship amount to children who are released from employment and mainstreamed into formal schools.

iii)                 To improve the economic standard of the child labour families by enabling them to get bank loans.

 

13.         SOCIAL DEFENCE

            The  services of Children Homes may be utilized for the child labour who

             come under the category of ‘neglected children’ like orphans, child

             having single parent or child having disabled parent etc., by admitting  

              them in the children Homes through the Child Welfare Committee

14.       NGO'S AND OTHER ORGANIZATIONS

A.    Trade Unions

             i.      Identify establishments employing children within their sphere of influence and report to the jurisdictional inspectors appointed under the child labour(Prohibition and Regulation) Act, 1986 and other labour laws.

             ii.      Educate the society to discourage the practice of child labour, and support free, qualitative and compulsory education.

             iii.      Steps to be taken to enhance the awareness among their members and cadres about child rights and eradication of child labour.

 B.    Trade Associations:

i)    The Trade Associations including Chambers of Commerce may influence their members not to employ child labour in any of the activities.

ii)   They should also sponsor schemes / programmes to help in rehabilitation of released child labour.

   C.    Non-Governmental organization:

i)                To assist the state / district authorities for successful implementation of Action Plan and to act as a resource base in the district.

ii)               To counsel and motivate parents to send their children to schools.

iii)             To   inform   authorities about the areas    of concentration of child labour and to assist the government machinery to identify, withdraw, enroll in schools and rehabilitate child labourers.

iv)             To liaise with the Government machinery to rehabilitate the released child labour through special schools/Alternate schools

v)              To create awareness on importance of child rights and to create an enabling atmosphere for exercise of such rights by the children themselves by forming children clubs.

  ANNEXURE:D

 

The list of the 13 occupations and 51 processes that have been prohibited under the Child Labour (Prohibition & Regulation) Act 1986, are as follows:

 

Occupations

       1.         Transport of passengers, goods or mails by railways

       2.         Cinder picking, cleaning of an ash pit or building operation in the railway premises

       3.         Work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from one platform to another or into or out of a moving train

       4.         Work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines.

       5.         A part authority within the limits of any port

       6.         Work relating to selling of crackers and fireworks in shop with temporary licenses

       7.         Abattoirs / Slaughter Houses

       8.         Automobile workshops and garages

       9.         Foundries

     10.       Handling of toxic of inflammable substances or explosives

     11.       Handloom and power loom industry

     12.       Mines (underground and under water) and collieries;

     13.       Plastic units and fiberglass workshops

 

Processes

 

       1.         Beedi-making

       2.         Carpet-weaving including preparatory

       3.         Cement manufacture, including bagging of cement

       4.         Cloth printing dyeing and weaving including processes preparatory and incidental thereto

       5.         Manufacture of matches, explosives and fireworks

       6.         Mica-cutting and splitting

       7.         Shellac manufacture

       8.         Soap Manufacture

       9.         Tanning

     10.       Wool-cleaning

     11.       Building and construction industry

     12.       Manufacture of slate pencils including packing

     13.       Manufacture of products from agate

     14.       Processes using toxic metals and substance such as lead, mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos

     15.       "Hazardous processes" as defined in Section 2 (c, d) and 'dangerous operations' as notified in rules made under Section 87 of the Factories Act 1948(63 of 1948)

     16.       Printing as defined in Section 2(k)(iv) of the Factories Act 1948(63 of 1948)

     17.       Cashew and cashew nut descaling and processing

     18.       Soldering processes in electronic industries

     19.       'Aggarbatti' manufacturing

     20.       Automobile repairs and maintenance including processes incidental thereto namely welding, lathe work, dent beating and painting

     21.       Brick kilns and Roof tiles units

     22.       Cotton ginning and processing and production of hosiery goods

     23.       Detergent manufacturing

     24.       Fabrication workshops (ferrous and non ferrous)

     25.       Gem cutting and polishing

     26.       Handling of chromite and manganese ores

     27.       Jute textile manufacture and coir making

     28.       Lime kilns and Manufacture and coir making

     29.       Lock Making

     30.       Manufacturing processes having exposure to lead such as primary and secondary smelling, welding and cutting of lead-painted metal constructions, welding of galvanized or zinc silicate, polyvinyl chloride, mixing (by hand) of crystal glass mass, sanding or scrapping of lead paint, burning of lead mining, plumbing cable making, wire patenting lead casting type founding in printing shops. Store type setting, assembling of cars, shot making and lead glass blowing.

     31.       Manufacture of cement pipes, cement products and other related work

     32.       Manufacture of glass, glassware including bangles, florescent tubes, bulbs and other similar glass products

     33.       Manufacturing of dyes and dye stuff

     34.       Manufacturing or processing and handling of pesticides and insecticides

     35.       Manufacturing of processing and handling of corrosive and toxic substances, metal cleaning and photo engraving and soldering processes in the electronic industry

     36.       Manufacturing or burning coal and coal briquettes

     37.       Manufacturing of sports goods involving exposure to synthetic materials, chemicals and leather

     38.       Molding and processing of fiberglass and plastic

     39.       Oil expelling and refinery

     40.       Paper making

     41.       Potteries and ceramic industry

     42.       Polishing, molding, cutting, welding, manufacture of brass goods in all forms

     43.       Processing in agriculture where tractors, threshing and harvesting machines are used and chaff cutting

     44.       Saw mill-all processes

     45.       Sericulture processing

     46.       Skinning, dying and processes for manufacturing of leather and leather products

     47.       Stone breaking and stone crushing

     48.       Tobacco processing including manufacturing of tobacco, tobacco paste and handling of tobacco in any form

     49.       Tyre making, repairing, re-treading and graphite benefaction

     50.       Utensils making, polishing and metal burring

     51.       'Zari' making (all processes)

     52.       Electro plating

     53.       Graphite powdering and incidental processing

     54.       Grinding or glazing of metals

     55.       Diamond cutting and polishing

     56.       Extraction of slate from mines

     57.       Rag picking and scavenging