Lok Sabha Question No. 3912 (UNSTARRED), answered on 2018-08-10
Subject: Children in Employment
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Adhikari Dibyendu

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK  SABHA

## UNSTARRED QUESTION NO.3912 TO BE ANSWERED ON 10.08.2018

## CHILDREN IN EMPLOYMENT

## 3912.  SHRI DIBYENDU ADHIKARI:

Will the Minister of WOMEN AND CHILD DEVELOPMENT be please to state:

- (a) whether it is a fact that almost 10 million children upto age of 18 years in the country still are in employment and if so, the details thereof;
- (b) whether the Government has any report on children working as domestic servants in the country; and
- (c)          if  so,  the  steps  taken  by  the  Government  for  proper  prosecution  of  the  guilty  and  free children from work bondage?

## ANSWER

## MINISTER OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI MANEKA SANJAY GANDHI)

- (a) & (b): As per 2011 census, there are 43.53 lakh main workers in the age group of 5-14 years in various occupation and process including domestic work in the country.
- (c): As per  Ministry of Labour & Employment, Government is following a multi-pronged trategy for elimination of child labour. It comprises of statutory and legislative measures, rehabilitation  and  universal  elementary  education  along  with  convergence  with  other schemes  for  socio  economic  development.  Government  has  enacted  the  Child  Labour (Prohibition & Regulation) Amendment Act, 2016 which came into force w.e.f. 1.9.2016. The Amendment Act inter alia provides for complete prohibition of work or employment of  children  below  14  years  in  any  occupation  and  process  and  adolescents  in  the  age group of 14 to 18  years in hazardous occupations and processes. The amendment also provides stricter punishment for employers for violation of the Act and made the offence as cognizable.

After  strengthening  the  legislative  framework  through  amendment  in  Child Labour  Act,  Government  has  framed  the  Child  Labour  (Prohibition  &  Regulation) Amendment Rules, 2017 which inter alia specifies the duties and responsibilities of State Governments and District Authorities to ensure effective enforcement of the provisions of  the  Act.  Government  has  also  devised  a  Standard  Operating  Procedure  (SOP)  as  a ready reckoner  for trainers, practitioners and  enforcing and  monitoring  agencies. Government is also implementing the National Child Labour Project (NCLP) Scheme for rehabilitation of child labour. Under the Scheme children in the age group of 9-14 years, rescued/withdrawn from work are enrolled in the NCLP Special Training Centres, where they  are  provided  with  bridge  education,  vocational  training,  mid  day  meal,  stipend, health  care,  etc.  before  being  mainstreamed  into  formal  education  system.    Further  to ensure  effective  enforcement  of  the  provisions  of  the  Child  Labour  Act  and  smooth implementation  of  the  NCLP  Scheme  a  separate  online  portal  PENCIL  (Platform  for Effective Enforcement for No Child Labour) has been developed.

In  addition  to  above  Ministry  of  Women  and  Child  Development  has  enacted Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act). As per Section 2 (14) (ii) and (ix) of JJ Act, a child who is found working in contravention of labour laws for the time being in force or is found begging, or living on the street and who is found vulnerable  and  is  likely  to  be  inducted  into  drug  abuse  or  trafficking  is  included  as  a 'child in need of care and protection', among others. The children in need of care and protection  (CNCP)  for  rehabilitation  has  been  placed  in  institutional  care  i.e.  Children Homes  or  non-institutional  care,  such  as  sponsorship,  foster  care  by  Child  Welfare Committee. As per JJ Act, 2015, State/UTs are required to set-up Child Care Institutions (CCIs) and are also required to register and monitor them under Section 41 and 54 of the Act  respectively.    The  primary  responsibility  of  execution  of  the  Act,  lies  with  the State/UTs.  However,  Central  Government  is  managing  'Child  Protection  Services' (CPS) (erstwhile  Integrated  Child  Protection  Scheme)  under  umbrella  Integrated  Child Development  Services,  and  providing  financial  assistance,  as  Grant-in-Aid,  to  the States/UTs on sharing pattern for, inter-alia, undertaking a situational analysis of children in  difficult  circumstances,  for  setting  up  and  maintenance  of  various  types  of  CCIs. Further  National  Commission  for  Protection  of  Child  Rights  (NCPCR),  a  statutory organization under this ministry, has developed a Standard Operating Procedure (SOP) for  care  and  protection  of  Children  in  Street  Situations to  streamline  the  processes  and interventions regarding children in street situations. Under the scheme 'CPS', institutional  care  is  provided  through  CCIs,  as  a  rehabilitative  measure.  In  these  CCIs, children are provided age appropriate education either within the institution or outside in a formal education system through convergence with other schemes and programs of the Government  or  civil  society.  Under  the  non-institutional  care  component,  support  is extended for adoption, foster care and sponsorship.

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