Child-and-adult-labour-in-the-export-oriented-garment-and-gem-polishing-industry-of-India

Introduction
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regulations of terms and conditions of work of the (casual) workforce.
Thus, India's competitive position in the world market is now partly based on the fact that it can
provide both domestic and foreign investors with the cheapest, most flexible and docile workforce
which is mainly working in the informal sector and 'of whom the majority consists of children
and women, who are self-employed, casual, contract, temporary, seasonal or migrant workers' 14 .
Industries and workshops, which operate in the informal sector in India, do not come within the
purview of labour legislation, labour unions are opposed by these industries and workers are
hindered to organize themselves; no collective bargaining agreement exists in the unequal relationship
between the employer and the (child) worker, to improve the terms and conditions of their
work.
The latest Child Labour (Prohibition & Regulation) Act of 1986 15 in India, prohibits child labour
in selected hazardous occupations and processes but allows it if these occupations and processes
are carried out in family-run workshops. The Act regulates child labour in all occupations and
processes other than those which are mentioned in the 'prohibition part', whether these take place
in the formal or informal sector, in a family or a non-family enterprise. The act, however, contains
many loopholes. For example, the Act does not say that the hazardous occupations and processes
of the 'prohibition part' must be regulated if carried out in a family enterprise. Also, the act does
not include all kinds of employment like, for example, work in the household and parts of the
agricultural sector. It means that the children who work in the household, or who work in the
agricultural sector other than at a 'farm' or in a family enterprise and carry out occupations and
processes which are mentioned in the 'prohibition part' of the Act, can be exploited endlessly. Researchers
and the Confederation of Indian Industry say that the Act only refers to the organized
sector which is around 8% 16 to 15% 17 of the child labour force. Apart from many loopholes
which exist in this and other Acts related to child labour, there is a lack of political will. This can
be partly concluded from poorly implemented legislation, hardly any control on violations of acts
concerning child labour and the lack of implementation of compulsory primary education. A
review of legislation and programmes of the Government to eliminate child labour will be discussed
in chapter 2.
Regarding compulsory education, 'in India it is reasoned that the poor gain when their children
are employed, in other countries it has been argued that the poor are made worse off because
the employment of children drives down the wages and employment of adults. Elsewhere it is
reasoned that children would be better off with six years of schooling than with early employment:
a literate young person is likely to be more productive and to earn more than
7
14 Statements are made by the National Centre for Labour (NCL), which is the federation of unorganised sector workers. In: Labour
File. A Monthly Journal of Labour and Economic Affairs, p. 19, op.cit. Published by Centre for Education and Communication, New
Delhi, India. (NCL further states that 'India has a total working population of 317 million workers. About 290.2 million (92% of the total
workforce) are employed in the unorganised or informal sector').
15 The Child Labour (P&R) Act of 1986 is enclosed in appendix 2 of this report.
16 Confederation of Indian Industries. A Seminar On Economic Implications of Abolition of Child Labour in India, 1995, India.
(Background Paper).
17 Article in: Dossier on Eradication of Child Labour and Role of Trade Unions. Campaign Against Child Labour (Tamil Nadu) &
Centre for Social Education and Development, 1995, p.76.