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Child Labor in Cotton Ginning Report.pdf - International Labor ...

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Regulation) Act and the Contract Labour (Abolition and Regulation) Act are also designed to<br />

protect workers <strong>in</strong>clud<strong>in</strong>g the g<strong>in</strong> workers. Further, the Workmen’s Compensation Act of 1923<br />

applies to <strong>in</strong>jured g<strong>in</strong> workers. Unfortunately, none of these labour laws are implemented well<br />

and, as a result, the workers, who are largely unorganized, are exploited <strong>in</strong> all manners.<br />

<strong>Child</strong> <strong>Labor</strong> (Regulation and Prevention) Act governs employment of children <strong>in</strong> India. <strong>Child</strong>ren<br />

are classified as below 14 years of age. The Act regulates employment of children <strong>in</strong> certa<strong>in</strong><br />

occupations and prohibits <strong>in</strong> other occupations. Thus there is a list of prohibited occupations.<br />

<strong>Cotton</strong> g<strong>in</strong>n<strong>in</strong>g <strong>in</strong>dustry falls <strong>in</strong> the list of prohibited occupations. The Act has been widely<br />

criticized by civil society on many grounds. The chief are a low age def<strong>in</strong><strong>in</strong>g children (just 14<br />

years) and allow<strong>in</strong>g employment of children <strong>in</strong> certa<strong>in</strong> occupations (as opposed to a blanket ban).<br />

There are other legislations that are considered more progressive and often used to check child<br />

labor. The chief amongst these are Juvenile Justice Act and Right to Education Act. The JJ Act<br />

def<strong>in</strong>es age of adolescent up to 18 years. While there is no specific law <strong>in</strong> India aga<strong>in</strong>st<br />

traffick<strong>in</strong>g for wage labor, JJ Act can be used <strong>in</strong> such situations. The Right to Education Act<br />

makes it mandatory for the state to ensure that all children below 14 years are enrolled <strong>in</strong> a<br />

school.<br />

It has been observed that no union has significantly taken up the legal issues of these exploited<br />

g<strong>in</strong> workers until the <strong>Cotton</strong> G<strong>in</strong>n<strong>in</strong>g and Other Mill Workers Union was created <strong>in</strong> 2006. The<br />

Union pursued several legal cases <strong>in</strong> regard to all of the above mentioned Acts on behalf of the<br />

workers.<br />

Organisation of the workplace<br />

<strong>Cotton</strong> g<strong>in</strong>n<strong>in</strong>g is a seasonally run <strong>in</strong>dustry-- from November to April. Dur<strong>in</strong>g the g<strong>in</strong>n<strong>in</strong>g season<br />

all factories run 24 hours <strong>in</strong> 2 shifts of 12 hours each—the day and night. There is no weekly day<br />

off. G<strong>in</strong>n<strong>in</strong>g is done by the mechanized raw cotton feeder mach<strong>in</strong>e or ‘mach<strong>in</strong>e charkha’—as it<br />

is called locally. About 3-4 years back, raw cotton was fed manually where<strong>in</strong> one worker<br />

manned one feeder, while <strong>in</strong> the mechanized feeder one person manages <strong>in</strong>put by hand, without<br />

any contraption, <strong>in</strong>to 4 charkhas at a time. Similarly, at the output po<strong>in</strong>t, there is one person who<br />

manages 4 charkhas, with the help of a broom or a plank. At the output site near the expeller<br />

9

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