Indian Children Continue to Work 1 Year after Ban

By Kristy Tridhavee
Impunity Watch Reporter, Asia

One year after India enacted child labor laws, the situation of most young children working in the country has gone unchanged. The law enacted one year ago banned children under 14 years of age from working in dhabas, restaurants, hotels, and other hospitality sectors.

However, millions continue to do so according to a study by the Save the Children organization. According to official estimates, about 12 million children under 14 years of age work. NGO’s figures, however, estimate that about 20 million children are working.

Save the Children says that most of the children are subject routine abuse and unsafe work conditions. The organization rescued a 12 year old girl working as a maid for a five-member household. When dinner was delayed, her employer poured burning hot food on the girl’s hands. "Although she is 12, she looks like she could be eight or 10. Her eyes brimmed with tears as she showed me her burnt hands. She didn't cry, she's a very brave girl," said Ms. Anuradha Maharishi, a member of Save the Children.

Some of the key findings of the study on Child Domestic are: 

• 99% of child domestic workers in Delhi and 84% in Kolkata are girls.
• Most child domestic workers are young girls who come from poor families and are forced to work for up to 15 hours a day without breaks and little or no pay.
• 68% of the children surveyed have faced physical abuse and 46.6% of the children had faced severe abuse that have led to injuries.
• 32.2% have had their private parts touched by the abuser, 20% had been forced to have sexual intercourse.
• 50% of children do not get any leave in a year, 37% never see their families.
• 32% of families have no idea where their daughters are working, 27% admitted they know they were getting beaten and harassed.
• 78% of workers receive less than Rs. 500 per month.
• In Delhi, 49% earn 1000- 1500 in a month. 16.4% get less than that.
• 42.7% do not know or have not been given their present address.
• 35% are brought to Delhi by relatives, 2% through agents and 22% through known agents.  

The ban has had little effect because much of the work happens within private homes even though it promises punishments ranging from a jail term of three months to two years and/or a fine of 10,000 to 20,000 rupees ($225 to $450).

Although some activists praise the law for informing employers that it is illegal to employ young children, they also criticize the enforcement of the law. Since the enactment, there has been little police action to prosecute those that employ children. Nationwide only 2,229 violations have been reported and only 211 prosecutions taken place.

Most of the children come from poor rural families desperate to ease financial strains. The belief that employment is an acceptable solution for a child from an impoverished family persists in the country. Shireen Miller of Save the Children believes that the next step is a push to convince families that child labor is inherently wrong.

For more information, please see:

BBC News –Indian Children Work Despite Ban – 10 October 2007

International Herald Tribune - Letter from India: A Dismal Side of India, Where Child Labor Persists – 10 October 2007

Reuters Alert - One Year on from the Amendment to the Child Labour Act. Are Child Domestic Workers in India any Better? – 10 October 2007