Lok Sabha Question No. 2049 (UNSTARRED), answered on 2018-07-30
Subject: Child Labour
Ministry: LABOUR AND EMPLOYMENT
Asked by: HARISH DWIVEDI, PRAHLAD SINGH PATEL, DUSHYANT CHAUTALA, HARISHCHANDRA DEORAM CHAVAN, NIHAL CHAND CHAUHAN, SANJAY JAISWAL, BHARATI DHIRUBHAI SHIYAL, Karan Singh Yadav

## GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

UNSTARRED QUESTION NO. 2049 TO BE ANSWERED ON 30.07.2018

## CHILD LABOUR

## †2049. SHRI HARISH CHANDRAALIAS HARISH DWIVEDI:

SHRI PRAHLAD SINGH PATEL:

SHRI DUSHYANT CHAUTALA:

SHRI HARISHCHANDRA CHAVAN:

SHRI NIHAL CHAND:

DR SANJAY JAISWAL:

DR. BHARATIBEN D. SHYAL:

DR. KARAN SINGH YADAV:

## Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:

- (a)whether  child  and  bonded  labour  is  still  prevalent  in  the  country  despite
- stringent laws in force in this regard and if so, the details thereof, State/UTwise along with the reasons therefor;
- (b)the details of the mechanism to identify bonded labourers or child labour in the  country  and  the  details  of  the  extant  policy  and  schemes  in  place  to ensure that the bonded labour/child labour menace is curbed;
- (c)the  total  number  of  child  and  bonded  labourers  rescued  and  rehabilitated
- during the last three years and the current year, State/UT-wise;
- (d)the details of the provisions made by the Government to take action against the  guilty  persons  involved  in  such  cases  including  the  number  of  culprits punished so far during the said period, State/UT-wise;
- (e)  whether  any  kind  of  assistance  including  foreign  assistance  has  been received  by  the  Government  to  provide  education  and  eradication  of  child labour in the country and if so, the details thereof; and
- (f)the other measures being taken by the Government for the complete eradication of child and bonded labour in the country in a time-bound manner? ANSWER

## MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI SANTOSH KUMAR GANGWAR)

- (a): Child Labour is an outcome of various socio-economic problems such as poverty, economic backwardness and illiteracy. As per Census 2011, there are 43.53 lakh main workers in the age group of 5-14 years in the country.  The State-wise details of the same is given at Annexure-I.

The  cause  of  the  bonded  labour  problem  lies  in  the  social  customs  and economic compulsions. The bonded labour system has been abolished under the  Bonded  Labour  System  (Abolition)  Act,  1976.  Instance  of  prevalence  of bonded labour system are noticed now and then. The State/UT wise data of prevalence of bonded labourers is not available.

(b): Government  is  implementing  the  National  Child  Labour  Project  (NCLP) Scheme  for  rehabilitation  of  child  labour.  Survey  for  identification  of  working children  is  the  immediate  starting  point  for  launching  and  implementing  the NCLP Scheme.  The NCLP Societies headed by District Magistrate/Collector, are required to conduct survey within three years since the last survey for which an amount of Rs. 4.00 Lakh per survey per district is provided by the Government of India. 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.  Children  in the age group of 5-8 years are directly linked to the formal education system through a close coordination with the Sarva Shiksha Abhiyan (SSA).

Government is implementing the Centrally Sponsored Scheme for Rehabilitation of Bonded Labour.  Under the Bonded Labour System (Abolition) Act, 1976 identification, release and rehabilitation of freed bonded labour is the direct  responsibility  of  the  concerned  State  Government/Union  Territory.  For these functions, District Magistrates and Sub-Divisional Magistrates have been entrusted  with  certain  duties/responsibilities.  Under  the  Act,  it  is  the  duty  of every  District  Magistrate  or  every  officer  specified  by  him  to  inquire  whether bonded labour system is prevalent within the local limits of his jurisdiction.  Under  the  Scheme  for  Rehabilitation  of  Bonded  Labour  Rs.  4.50 lakh  per  district  is  provided  to  the  States  for  conducting  survey  of  bonded labourers.    Financial  assistance  is  provided  for  rehabilitation  of  a  rescued bonded labourer at the rate of rupees one lakh for adult male beneficiary, Rs. 2 lakh  for  special  category  beneficiaries  such  as  children  including  orphans  or those rescued from organized & forced begging rings or other forms of forced child  labour,  and  women  and  Rs.  3  lakh  in  cases  of  bonded  or  forced  labour involving extreme cases of deprivation or marginalization such as trans-genders, or  women  or  children  rescued  from  ostensible  sexual  exploitation  such  as brothels, massage parlours, placement agencies etc., or trafficking, or in cases of differently abled persons etc. Immediate assistance upto Rs. 20,000/- are also provided to the rescued bonded labour by the District Administration irrespective of the status of conviction proceedings.

(c): As per the information received from District Project Societies the number of child labourers rescued/withdrawn from work, rehabilitated and mainstreamed under National Child Labour Project Scheme during the last three years, State-wise is given at Annexure-II. The State-wise and year-wise details of bonded labour released and rehabilitated under the Rehabilitation of Bonded Labour Scheme since 2016 is at Annexure-III.

(d):  Government  has  enacted  the  Child  Labour  (Prohibition  &  Regulation) Amendment Act, 2016 which came into force w.e.f. 1.9.2016. The Amendment Act 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. As per the information received from the States/UTs, the number of conviction made under the Child Labour Act, State/UT wise, during the last three years is given at Annexure-IV.

Action  against  the  guilty  persons  under  the  Bonded  Labour  System (Abolition) Act, 1976 is taken by the respective State/UT Governments. The Act confers  the  District  Magistrate  with  the  powers  of  Judicial  Magistrate  of  first class for convicting the perpetrators of bonded labour system. The Act provides for punishment of imprisonment for a term upto three years and fine upto Rupees Two  thousand  for  extracting  bonded  labour.  The  records  in  respect  of  the number of cases reported under the Bonded Labour System (Abolition) Act, 1976 and the action taken by the State/UT Government against the guilty persons are not maintained at the Central level.

- (e): At  present  no  foreign  assistance  is  being  received  in  the  Ministry  for eradication of child labour in the country.
- (f):  Government  is  following  a  multi-pronged  strategy  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.  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.  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.

For rehabilitation of bonded labourers Government has also revamped the Centrally Sponsored Scheme for Rehabilitation of Bonded Labourer with effect from 17th  May, 2016.

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## ANNEXURE REFERRED TO IN REPLY TO PART (a) OF LOK SABHA UN-STARRED QUESTION NO.2049 FOR 30.7.2018  BY  SHRI  HARISH  CHANDRA  ALIAS  HARISH DWIVEDI & OTHERS, HON'BLE MP REGARDING CHILD LABOUR

State wise details of main workers in the age group of 5-14 years as per Census 2011:

| Sl. No.   | Name of State/UT        |   No. of main workers in the age group of 5-14 years |
|-----------|-------------------------|------------------------------------------------------|
| 1.        | Andaman &Nicobar Island |                                                  999 |
| 2.        | Andhra Pradesh **       |                                               404851 |
| 3.        | Arunachal Pradesh       |                                                 5766 |
| 4.        | Assam                   |                                                99512 |
| 5.        | Bihar                   |                                               451590 |
| 6.        | Chandigarh U.T.         |                                                 3135 |
| 7.        | Chhattisgarh            |                                                63884 |
| 8.        | Dadra &Nagar H.         |                                                 1054 |
| 9.        | Daman &Diu U.T.         |                                                  774 |
| 10.       | Delhi U.T.              |                                                26473 |
| 11.       | Goa                     |                                                 6920 |
| 12.       | Gujarat                 |                                               250318 |
| 13.       | Haryana                 |                                                53492 |
| 14.       | Himachal Pradesh        |                                                15001 |
| 15.       | Jammu &Kashmir          |                                                25528 |
| 16.       | Jharkhand               |                                                90996 |
| 17.       | Karnataka               |                                               249432 |
| 18.       | Kerala                  |                                                21757 |
| 19.       | Lakshadweep UT          |                                                   28 |
| 20.       | Madhya Pradesh          |                                               286310 |
| 21.       | Maharashtra             |                                               496916 |
| 22.       | Manipur                 |                                                11805 |
| 23.       | Meghalaya               |                                                18839 |
| 24.       | Mizoram                 |                                                 2793 |
| 25.       | Nagaland                |                                                11062 |
| 26.       | Odisha                  |                                                92087 |
| 27.       | Puducherry U.T.         |                                                 1421 |
| 28.       | Punjab                  |                                                90353 |
| 29.       | Rajasthan               |                                               252338 |
| 30.       | Sikkim                  |                                                 2704 |
| 31.       | Tamil Nadu              |                                               151437 |
| 32.       | Tripura                 |                                                 4998 |
| 33.       | Uttar Pradesh           |                                               896301 |
| 34.       | Uttarakhand             |                                                28098 |
| 35.       | West Bengal             |                                               234275 |
|           | Total                   |                                              4353247 |

ANNEXURE REFERRED TO IN REPLY TO PART (c) OF LOK SABHA UN-STARRED QUESTION NO.2049 FOR 30.7.2018  BY  SHRI  HARISH  CHANDRA  ALIAS  HARISH DWIVEDI & OTHERS, HON'BLE MP REGARDING CHILD LABOUR

No.  of  children  rescued/withdrawn  from  work,  rehabilitated  and  mainstreamed  under National Child Labour Project (NCLP) Scheme during the last three years, State-wise:

| Sl. No.   | State          |   2015-16 |   2016-17 |   2017-18 |
|-----------|----------------|-----------|-----------|-----------|
| 1         | Andhra Pradesh |       716 |       814 |       203 |
| 2         | Assam          |      9693 |       434 |       915 |
| 3         | Bihar          |      2656 |         0 |      2800 |
| 4         | Chhattisgarh   |         0 |         0 |         0 |
| 5         | Gujarat        |         0 |         0 |       187 |
| 6         | Haryana        |         0 |        40 |         0 |
| 7         | Jammu &Kashmir |        10 |         0 |         0 |
| 8         | Jharkhand      |      3450 |       334 |      1621 |
| 9         | Karnataka      |      1984 |       681 |       679 |
| 10        | Madhya Pradesh |      7472 |      4442 |     11400 |
| 11        | Maharashtra    |      2177 |      1692 |      4843 |
| 12        | Odisha         |      1900 |         0 |         0 |
| 13        | Punjab         |       880 |       592 |       994 |
| 14        | Rajasthan      |      8476 |       630 |       105 |
| 15        | Tamil Nadu     |      4089 |      2850 |      2855 |
| 16        | Telangana      |      1810 |      1431 |      2137 |
| 17        | Uttar Pradesh  |         0 |      3066 |         0 |
| 18        | West Bengal    |     13763 |     13973 |     16408 |
| 19        | Uttarakhand    |         0 |         0 |         0 |
| 20        | Nagaland       |         0 |         0 |       197 |
|           | Total          |     59076 |     30979 |     45344 |

ANNEXURE REFERRED TO IN REPLY TO PART (c) OF LOK SABHA UN-STARRED QUESTION NO.2049 FOR 30.7.2018  BY  SHRI  HARISH  CHANDRA  ALIAS  HARISH DWIVEDI & OTHERS, HON'BLE MP REGARDING CHILD LABOUR

The  State/  UT-wise  details  of  bonded  labour  released  and  rehabilitated  under  the Rehabilitation of Bonded Labour Scheme since 2016

| Year                      | State          |   Bonded Labourers released and rehabilitated |
|---------------------------|----------------|-----------------------------------------------|
| 2015-16                   | Uttar Pradesh  |                                          2216 |
| 2016-17                   | Bihar          |                                          1792 |
| 2016-17                   | Jharkhand      |                                           118 |
| 2016-17                   | Odisha         |                                           258 |
| 2016-17                   | Uttar Pradesh  |                                           258 |
| 2016-17                   | Karnataka      |                                           181 |
| 2017-18                   | Bihar          |                                           461 |
| 2017-18                   | Karnataka      |                                          1500 |
| 2017-18                   | Uttar Pradesh  |                                          3492 |
| 2017-18                   | Rajasthan      |                                           159 |
| 2017-18                   | Madhya Pradesh |                                             2 |
| 2017-18                   | Chhattisgarh   |                                            57 |
| 2017-18                   | Odisha         |                                           742 |
| 2018-19 (up to 25.7.2018) | Uttar Pradesh  |                                           741 |
| 2018-19 (up to 25.7.2018) | Bihar          |                                           165 |
| 2018-19 (up to 25.7.2018) | Chhattisgarh   |                                          1276 |

ANNEXURE REFERRED TO IN REPLY TO PART (d) OF LOK SABHA UN-STARRED QUESTION NO.2049 FOR 30.7.2018  BY  SHRI  HARISH  CHANDRA  ALIAS  HARISH DWIVEDI & OTHERS, HON'BLE MP REGARDING CHILD LABOUR

State-wise  details  of  Conviction  made  under  the  Child  Labour  Act  during  the  last  three years

| State/UT         | No. of convictions   | No. of convictions   | No. of convictions   |
|------------------|----------------------|----------------------|----------------------|
|                  | 2015                 | 2016                 | 2017                 |
| Andhra Pradesh   | 2                    | 13                   | NA                   |
| Bihar            | NA                   | 7                    | NA                   |
| Chandigarh U.T.  | 8                    | 11                   | 9                    |
| Chhattisgarh     | NA                   | 7                    | 4                    |
| Gujarat          | 0                    | 0                    | 5                    |
| Haryana          | 28                   | 24                   | 2                    |
| Himachal Pradesh | 6                    | 4                    | 4                    |
| Jammu &Kashmir   | 20                   | 10                   | 5                    |
| Jharkhand        | 0                    | 0                    | 6                    |
| Karnataka        | 18                   | 15                   | 36                   |
| Kerala           | 1                    | NA                   | 1                    |
| Madhya Pradesh   | 71                   | 26                   | 9                    |
| Meghalaya        | 13                   | 2                    | 1                    |
| Odisha           | 17                   | 1                    | NA                   |
| Punjab           | 265                  | 247                  | 184                  |
| Rajasthan        | 9                    | 9                    | 1                    |
| Tamil Nadu       | 17                   | 20                   | 8                    |
| Tripura          | 2                    | 2                    | 4                    |
| Uttar Pradesh    | 237                  | 273                  | 361                  |
| Uttarakhand      | 1                    | NA                   | NA                   |
| Telangana        | 31                   | 5                    | 27                   |
| Total            | 746                  | 676                  | 667                  |

NA= Not Available

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