14-May-2024-Editorial

STRONGLY REFUTE ALLEGATIONS LEVELLED IN AUSTRALIA PANEL REPORT ON CHILD LABOUR: COMMERCE MINISTRY 

Recent allegations by Australia’s Joint Standing Committee on Trade and Investment Growth regarding child labour in India amidst negotiations for the Comprehensive Economic Cooperation Agreement (CECA) have sparked controversy. 

• The Australian panel’s report cited concerns raised by groups such as the Community and Public Sector Union (CPSU) and the State Public Services Federation (SPSF Group), urging the inclusion of human rights, labour, and environmental chapters in trade agreements. 
• India has vehemently denied these allegations, emphasizing existing laws and regulations that prohibit child labour and bonded labour, alongside constitutional protections and strict compliance measures. 

Allegations and Supporting Facts 

• The Australian committee’s report highlighted concerns regarding child and forced labour in India, referencing estimates from the Global Slavery Index and Census data indicating significant child labour and out-of-school children in India. 
• Recommendations included aligning trade agreements with UN and International Labour Organisation conventions, emphasizing human rights, labour rights, and environmental protection. 

India’s Response 

• Prohibition of Child Labour: India reiterated its stance against child labour, citing existing legal frameworks such as the Child Labour (Prohibition & Regulation) Act, 1986, which bans employing children under 14 in all sectors except family businesses and entertainment (subject to safety measures). 
• Constitutional Protections: India’s Constitution, particularly Articles 23, 24, and 39, safeguards against forced labour, prohibits the employment of children under 14 in factories, mines, or hazardous occupations, and outlines principles for ensuring equal rights, protection of workers’ health, and children’s well-being. 
• Strict Licensing and Compliance: All businesses in India are required to adhere to labor welfare laws set by both central and state governments, ensuring comprehensive records, including employee training and compliance with regulations. 
• Legal Framework Against Child Labour and Forced Labour: India has a robust legal framework to combat child and forced labour, including acts like the Child Labour (Prohibition & Regulation) Act, 1986, the Mines Act, 1952, and the Bonded Labour System (Abolition) Act, 1976, aimed at eradicating bonded labor and providing rehabilitation support. 

India’s Legal Framework 

• Constitutional Rights: Articles 23 and 24 of India’s Constitution prohibit forced labor and the employment of children under 14 in hazardous occupations, supporting principles of equality, justice, and human rights. 
• Legislations Against Child Labour: Acts such as the Child Labour (Prohibition & Regulation) Act, 1986, and the Right of Children to Free and Compulsory Education (RTE) Act, 2009, aim to prevent child labor and ensure access to education for all children. 
• Legislations Against Forced Labour: The Bonded Labour System (Abolition) Act, 1976, criminalizes bonded labor and provides for the rehabilitation of freed bonded laborers through schemes like the Central Sector Scheme for Rehabilitation of Bonded Labourer, 2021. 

Impact and Success of Government Efforts 

• India has made significant progress in reducing child labour, as evidenced by a decline in the number of working children from 2001 to 2011, reflecting successful government interventions and legislative measures. 
• Schemes like the Central Sector Scheme for Rehabilitation of Bonded Labourer have facilitated the release and rehabilitation of bonded labourers, with thousands benefiting from financial assistance and support services. 

Conclusion 

India’s response to allegations of child labour underscores its commitment to upholding labor rights, supported by a robust legal framework and constitutional protections. 

The government’s efforts to combat child and forced labor, coupled with rehabilitation schemes, have yielded tangible results, reflecting India’s determination to eradicate exploitative practices and ensure the well-being of its citizens.