Theme: Illegal Employment

How can Manual Scavengers be rehabilitated?

Both in urban and rural areas, if the officers of the Municipality or the Panchayat believe that manual scavenging may be taking place in their area of control, they have to do a survey and create a list of manual scavengers. The Municipality and the Panchayat have a duty to rehabilitate the people included in this list. The District Magistrate is responsible for rehabilitating manual scavengers in that district in accordance with this law. The District Magistrate or the State Government may assign responsibilities to subordinate officers and officers in the Municipality. The process for rehabilitation is as follows:

  • Immediate help – Give them a photo ID and some cash within 1 month.
  • Children’s education – Their children can get a government scholarship.
  • Property – The government must put in place schemes under which the person is allotted land and money to build a house or money for a built house.
  • Training for other jobs – The government has to help train either the person or another adult member of their family in other skills. The person should also be paid Rs. 3000 during the time they are undergoing training.
  • Loan – The government must put in place schemes under which the person (or another adult family member) has the option of getting a subsidy or loan with lower interest rates to help them get into another field or occupation.
  • Other Help – The government can choose to give them any other kind of legal or other help.
  • Government Schemes – The Central Government has put in place a scheme called the ‘Self Employment Scheme for Rehabilitation’ of Manual Scavengers. Read more about the scheme here. There are numerous loan schemes put in place by the National Safai Karamcharis Finance & Development Corporation which are offered through state channelling agencies. Read more about how to avail such schemes here.

Role of Schools in preventing Child Labour

The school has a role in preventing child labour.

The right to education of a child applies even if the child or adolescent is working as an artist or in the family business.

When the child is working in the family business and if the child hasn’t been coming to school for a consecutive period of 30 days, the Principal or Headmaster of the school, has to report the absence of any child, to the Inspector.

Further, if the members of the school are aware that the child or adolescent is engaged in any illegal work then they are required to report it.

How to file a complaint for Safai Karamcharis?

If you notice or are made aware of instances where laws for safai karamcharis are not followed, you can file a complaint to the National Commission for Safai Karamcharis (NCSK). You can visit their website complaint section here.

This Commission will inquire into the complaints and report them to the officers of the Municipalities and the Panchayats with recommendations of further actions.

Duties of an Inspector to prevent Child Labour

The Government appoints Inspectors to make sure that there is no illegal employment and the permitted employment of adolescents is done as per the law. An inspector or police officer has a duty to:

  • Conduct periodical inspections of the places where employment of children is prohibited.
  • Carry out rounds of inspection at industries where children are employed and where adolescents are employed.
  • To check the working conditions of children in family enterprises.
  • Accept complaints and report illegal acts of child labour to the Court.
  • Determine age of a child, if there is a doubt that the child is below the age of 14 years.
  • Inspect the Register maintained by the employer at the establishment which would have details such as:
    • Name and date of birth of the child employed along with relevant documents as to the date of birth.
    • Hours and periods of work(including the hours of rest).
    • Nature of the work that the child is doing.

All the inspectors have to make sure that if a child is being employed illegally, then the concerned employer has to pay Rs. 20000 as a fine into a fund known as the Child Labour Rehabilitation-cum-Welfare Fund, which the child can reclaim later.

Responsibilities while employing Child Artists

The following are the responsibilities of the employer when it comes to employing child artists:

Education

You should make sure that the child is given proper education while doing his or her work as an artist. The Act specifically states that all measures must be taken so that the child does not discontinue going to school.

Income

You should make sure that 20% of the income that has been earned by the child as an artist, should be deposited in a fixed account in a nationalized bank and once the child becomes 18 years of age, he or she can reclaim the money.

Consent

The most important criteria is that if a child is uncomfortable and does not want to participate in an activity or sport, the child should not be forced into the action against his or her will and consent.

Children in Movies/TV/Sports

Children can work in movies/TV/sports and be paid for it. These children are known as child artists. There is a list of allowed entertainment and sporting activities for children with respect to movies, TV and sports, such as:

  • Movies
  • TV shows/Reality shows/Quiz shows/Talent shows
  • Sports Activities such as competitions, events or training
  • Advertisements
  • Cinema and documentary shows
  • Radio
  • Participation as an anchor of a show or events.

Some artistic performances that are not mentioned above can still be allowed by the Central government.

The law specifically bans children from:

  • Performing in a circus; and
  • Performing on the street for money.

Government duties against Child Labour

The Central Government has duties to ensure that child labour does not take place and that the provisions of the law are followed. To do this the Government has to:

  • Run public awareness campaigns
  • Use media to spread awareness
  • Promote reporting of child labour
  • Publicly display the law on child labour
  • Include child Labour law in the syllabus of schools
  • Promote training of police, judicial service academies, teachers, Central Labour Service about the child labour law and their role.

Settlement of the crime of Child Labour

If you have failed to comply with the provisions of the Act or the Rules of the child labour law then the law provides alternatives to criminal prosecution. The law allows you to as they say in legal terms “Compound Offences”. Compounding means to settle. You can compound the offence committed if you are one of the two categories of persons:

  • Someone who commits an offence for the first time.
  • A parent or a guardian who commits an offence by not complying with the child labour provisions and law.

To compound an offence, follow these steps:

  1. You should make an application and approach the District Magistrate only after paying the money for the application.
  2. The money to be paid with the application to the Central Government has to be:
    • 50% of the maximum fine of the offence
    • You will be levied an additional 25% of the maximum fine for the offence if you don’t pay the amount within the specified period.
  3. Once you pay the amount then the District Magistrate will issue you a “Certificate of Compounding”.

If you fail to pay the amount, then the proceedings of the case will be continued in accordance with the child labour laws that is, you can be tried and punished, but if you do pay the amount, then you cannot be taken to court for the offence since you have already paid and settled it.

Child Labour Rehabilitation cum Welfare Fund

A Child Labour Rehabilitation-cum-Welfare Fund is a fund which is established for every one or two districts. The fine paid by the employer is deposited into this Fund.

Further, the Government has to deposit Rs.15000 more for each for each child or adolescent for whom the employer has been fined.

This Fund is managed by a Bank. Any interest on the money in the bank, will go to the child.