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Child Labour in Cottonseed Production by Ashok Khandelwal

Child Labour in Cottonseed Production by Ashok Khandelwal

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provisions of this convention as the mult<strong>in</strong>ational companies are<br />

<strong>in</strong>volved <strong>in</strong> the production of cottonseeds. In our considered<br />

op<strong>in</strong>ion all those mult<strong>in</strong>ationals companies whose parent<br />

country has ratified the ILO Convention must be bound to follow<br />

the provisions of the convention.<br />

(a) <strong>Child</strong> <strong>Labour</strong> (Prohibition and Regulation) Act, 1986<br />

(CLA)<br />

As we noted above about one-third of the labour force comprises<br />

of less than fourteen years of age <strong>in</strong> the Bt Cotton Seed work. The<br />

employment conditions of this age group of workers are regulated<br />

<strong>by</strong> the CLA. In the first place we would like to state that farm<br />

work <strong>in</strong>clud<strong>in</strong>g work related to cottonseed production, our<br />

current reference po<strong>in</strong>t, is not prohibited u/s 3 of the Act.<br />

Therefore the hir<strong>in</strong>g of CL that is the children up to the age of<br />

14 is not illegal. The CLA also does not specify any m<strong>in</strong>imum<br />

wage for work. Thus a five or seven year old can work on farm as<br />

wage worker. However, Part III of the Act (conta<strong>in</strong><strong>in</strong>g sections 6<br />

to 13) spells out the provisions with regard to regulation of<br />

conditions of work of children is relevant. The most important<br />

sections are Section 7 Relat<strong>in</strong>g to hours and period of work;<br />

Section 8 regard<strong>in</strong>g Weekly holiday; Section 9 regard<strong>in</strong>g Notice<br />

to Inspectors; Section 10 about Disputes as to age; Section 11 on<br />

Ma<strong>in</strong>tenance of register; Section 12 about Display of notice and<br />

f<strong>in</strong>ally Section 13 on Health and safety aspects. If we compare the<br />

provisions of the concerned labour law with the facts (Table 3.1,<br />

column 3 & 4), the gross violation of provisions of the Law<br />

becomes crystal clear. The provisions of the Act simply rema<strong>in</strong><br />

a dead letter so far as the poor migrant child workers of<br />

southern Rajasthan are concerned.<br />

Table 3.1 :: The Provisions and the Facts of <strong>Child</strong> <strong>Labour</strong> (P&R) Act, 1986<br />

S.No<br />

1<br />

1<br />

2<br />

Sec.<br />

2<br />

7(2)<br />

7(3)<br />

Provision<br />

3<br />

“The period of work on each day shall<br />

be so fixed that no period shall exceed<br />

three hours and that no child shall<br />

work for more than three hours<br />

before he has had an <strong>in</strong>terval for the<br />

rest for at least one hour.”<br />

“The period of work of a child shall be<br />

so arranged that <strong>in</strong>clusive of his of his<br />

<strong>in</strong>terval for the rest,………., it shall not<br />

be spread over more than six hours,<br />

<strong>in</strong>clud<strong>in</strong>g the time spent <strong>in</strong> wait<strong>in</strong>g for<br />

work on any day.”<br />

44 :: <strong>Child</strong> <strong>Labour</strong> <strong>in</strong> <strong>Cottonseed</strong> <strong>Production</strong><br />

Facts<br />

4<br />

Workers work from<br />

early morn<strong>in</strong>g till late<br />

even<strong>in</strong>g.<br />

Total Work Hours: 9<br />

to 12. Each day. The<br />

work is spread over<br />

14 hours from 5 AM<br />

to 7 PM.<br />

Comments<br />

5<br />

Total work hours<br />

comes five.<br />

If we read this with<br />

S 7(2), it is obvious that<br />

as per the law no child<br />

will work for more<br />

than five hours.

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