Work and Schooling: Landscaping educational strategies to address child labour in India Jyotsna Jha
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Work and Schooling:
Landscaping educational
strategies to address
child labour in India
Jyotsna JhaWork and Schooling: Landscaping educational
strategies to address child labour in India
Jyotsna Jha
The findings, interpretations and conclusions expressed in this paper are those of the authors and do
not necessarily reflect the views of UNICEF. Any part of this publication may be freely reproduced if
accompanied by the following citation: Jha (2021). Work and Schooling: Landscaping educational
strategies to address child labour in India. Compendium Paper. UNICEF Innocenti, Florence, Italy.
Correspondence should be addressed to: florence@unicef.org.
Cover image: UNICEF/UNI207686/Katragadda
© 2021Work and Schooling: Landscaping educational
strategies to address child labour in India
Jyotsna Jha
1. Defining child labour in India which prescribed as a fundamental right the
The International Labour Organization (ILO) schooling of children between 6 and 14 years
defines child labour as “work that deprives old. However, the law, and especially the recent
children of their childhood, their potential and amendment, has been criticized for several
their dignity, and that is harmful to physical and reasons: it reduced the number of hazardous
mental development”. It refers to work that “is occupations drastically; it gave the power to
mentally, physically, socially or morally decide what is hazardous to executive
dangerous and harmful to children” and functionaries rather than an elected body such
“interferes with their schooling by: depriving as the Parliament; and it allowed child labour
them of the opportunity to attend within the family or family enterprises (Gupta,
school; obliging them to leave school 2016). This provision ignores the large number
prematurely; or requiring them to attempt to of children in India engaged in family- or
combine school attendance with excessively household-based industries where payments
long and heavy work” (ILO, 2021). There is, are made on the basis of the number or weight
therefore, a well-established link between child of the product (e.g., per 100 pieces of caps
labour and lack of schooling, as shown by this stitched or 10 bundles of paddy harvested) –
definition itself. and therefore the child’s engagement can be
crucial in determining income. It also ignores
The ILO also defines the “worst forms of child
the caste and social group linkages that are
labour”, as including slavery, child trafficking
often very obvious: the majority of children
and debt bondage, as well as “hazardous
engaged in home- or farm-based labour belong
work”, that is work carried out for long hours
to educationally disadvantaged groups –
and/or entailing physical, emotional or sexual
Scheduled Castes (SC), Scheduled Tribes (ST),
abuse. Indian national law (the Child Labour
Other Backward Castes (OBC) and Muslims – an
Prohibition and Regulation Act 1986, as
issue we return to in the next section, as it has
amended in 2016 (Government of India, 2016a))
implications regarding education strategies.
prohibits “the engagement of children in all
occupations and of adolescents in hazardous Defining and identifying child labour is not an
occupations and processes”. Children here easy task. The ILO suggests that “children’s or
refers to those aged under 14, and adolescents adolescents’ participation in work that does not
to those aged between 14 and 18. Through a affect their health and personal development or
complete prohibition of paid child labour, the interfere with their schooling, such as helping
amendment sought to remove the anomaly that their parents around the home, assisting in a
previously existed between the Child Labour family business or earning pocket money
Act 1986 and the Right to Education Act 2009, outside school hours and during school
1Work and Schooling: Landscaping educational
strategies to address child labour in India
Jyotsna Jha
holidays, can be seen as positive experiences, and National Sample Survey Office (NSSO)
as they have the potential to provide them with statistics.
skills and experience.” While this is true, it is
difficult to differentiate between what activity is 2. The prevalence of child labour in India
recreational, what is educational and positive, An estimated 152 million children were
and what is exploitative, especially in cases engaged in child labour in 2016 globally (ILO,
where the family income is dependent on 2017). According to the Census of India (2011),
children’s and adolescents’ participation. The there were 10.1 million working children aged
MV Foundation, which has been at the forefront between 5 and 14 years in India at the time of
of fighting child labour in India, maintains that the survey. These are children who have
“all children not attending schools are child reported to be either the main worker (working
labourers” and “any law that seeks to regulate throughout the year) or marginal worker
child labour is unacceptable”, notwithstanding (working for 6 months or less). The total
the arguments of family poverty and poor- number of working children in India fell
quality schools (MV Foundation, 2013). This between 2001 and 2011 by 2.5 million, but the
position is rooted in an underpinning belief that number increased in urban areas while it
any kind of employment is hazardous for declined in rural areas. In 2011, as many as 2.5
children. million children aged 5–9 years reported to be
either main or marginal workers, the number
This stricter definition of child labour includes
almost equally divided between these two.
any child not in school. Any estimate of the
Agriculture is the main sector (60 per cent)
prevalence of child labour depends on how we
where children work. Together, Uttar Pradesh,
define it, and any definition makes it difficult to
Bihar, Rajasthan, Maharashtra and Madhya
make precise estimates for two reasons: the
Pradesh contain nearly 55 per cent of all
absence of commensurate data, and the
working children in India (Annex 1). Some
dynamic nature of children’s status which may
literature on child labour suggests that it is not
change rapidly depending on parental
always linked to poverty: the opportunities
livelihood and security, schooling opportunities
available also play a role. For instance,
and functioning, social norms and several other
prevalence may be higher in three-crop areas
contextual factors. We present estimates1 of the
compared with single-crop areas, as the
prevalence of child labour in India using Census
demand for labour is much more intense in the
1
The Census data pertain to 2011 as that was the last former (see, for instance, Jha and Jhingran,
survey conducted; the next round is expected in 2021.
The NSSO data pertain to NSS 68th Round Employment 2005).
Unemployment Data for the year 2011–2012, as that is
latest round available in public domain.
2Work and Schooling: Landscaping educational
strategies to address child labour in India
Jyotsna Jha
The latest available NSSO data also pertain to The proportion of children engaged in labour is
2011–2012, and are therefore as dated as the highest for the lowest wealth quintiles, and
Census data. The NSSO data confirm similar lowest for the highest wealth quintile. What is
patterns although the estimated number of notable here is that, even among the highest
children engaged in labour, especially in the 5– quintile, about 8 per cent of adolescents aged
14 age group, is smaller in this case. The NSSO between 15 and 17 are engaged in labour; this
data (Annex 2) provide important insights about proportion is 16 per cent for the lowest wealth
the distribution across location, age group, quintile. While almost half of working children,
gender, caste, religion and economic quintiles. both boys and girls, are engaged in casual work
These are important for reviewing the in rural areas, the proportion of self-employed
interventions and their relevance. As expected, is much higher for girls in both rural and urban
the prevalence of child labour is much higher areas. This perhaps indicates that girls are
among those aged 15–17 years compared with much more engaged in home-based labour
the 5–14 age group, in both rural and urban compared with boys. The proportion of salaried
areas. The proportion of working children is workers is higher among working children in
much higher in males than females in both urban areas compared with rural areas.
urban and rural areas: in rural areas, about 17
per cent of males are working and an additional Industries such as matchmaking, textile
3 per cent are seeking work, while in urban manufacture, carpet making, crackers, glass
areas, about 14 per cent of males are working and gem cutting have traditionally been
and an additional 2 per cent are seeking work. employers of children. While poverty,
This compares with 7 per cent of females indebtedness, livelihood insecurity and the
working and 1 per cent seeking work in rural family’s economic circumstances play a critical
areas, and 5 per cent of females working and 1 role in pushing children to work, the nature of
per cent seeking work in urban areas. However, available employment opportunities also plays
it is important to add that the exclusion of care a major role. Farm and other agriculture-related
work, sibling care and household chores in the work, as well as work in home-based industries,
NSSO definition of work leads to under- where payment is based on the size of the
estimation of girls’ engagement in work. produce (e.g., harvesting) or the number of
products (e.g., number of beedis (hand-rolled
Comparing social groups, the prevalence of cigarettes) rolled or the caps embroidered), are
child labour is highest for Adivasis followed by such that children’s contribution remains
Dalits, while among religious groups, the important yet invisible, as they are often seen
highest prevalence is reported by Muslims; this as simply joining in with the household adults.
applies to both the 5–14 and 15–17 age groups. Parental illiteracy, prevalent social norms, and a
3Work and Schooling: Landscaping educational
strategies to address child labour in India
Jyotsna Jha
lack of functioning and accessible schools often 3. Educational strategies to address child
compound the economic circumstances that labour: mapping, matching and review
push children to labour. Conflicts, droughts, While education alone cannot fully address all
natural disasters and urban migration also have the issues that contribute to child labour – and
considerable influence. While out of school must be supported by other strategies relating
children and irregularly attending children are to poverty reduction, awareness raising, legal
more vulnerable, girls from socially reform, regulation and enforcement, and
disadvantaged groups also tend to be at a livelihood security for vulnerable families –
higher risk of being forced into work (Jha and education strategies have high potential to
Jhingran, 2005; Murphy, 2008). What emerges reduce prevalence. Policy and programmatic
is that it is the ‘ecology’ of a place that matters: responses to child labour in India emanate
parental illiteracy, prevalent social norms, lack mainly from three ministries and departments:
of functioning and accessible schools, and the Ministry of Education (formerly the Ministry
overall economic circumstances all act and of Human Resource Development), the Ministry
interact in pushing the child to work in a given of Women and Child Development (MWCD),
context. and the Ministry of Labour and Employment
(MLE). The MLE has implemented some specific
Education and child labour are closely linked; schemes to combat child labour and a number
schooling can act as a vital tool for preventing of education initiatives which, even though they
and eliminating child labour. These have not necessarily been directly designed to
interlinkages are well recognized, and it is address the issue of child labour, have the
widely acknowledged that child labour and the potential to address the problem. Some specific
achievement of education goals are clearly and initiatives from the MWCD also directly or
negatively correlated (ILO, 2015). There is a indirectly relate to child labour. A number of
strong negative effect of child labour on school non-governmental organizations (NGOs) have
attendance, literacy and school performance, also made notable contributions in this area.
even if the child is enrolled and attending This section makes an attempt to first map and
school. All children engaged in labour are match these initiatives to the specific aspect of
potential drop-outs. This makes education- the problem that the initiative could address,
related policies and programmes extremely and finally review the effectiveness in
important elements of the strategy to address delivering the desired outcome. The discussion
the prevalence of child labour in any country. here is based on the available and accessible
The following section reviews educational information in the public domain.
strategies to address child labour in India.
4Work and Schooling: Landscaping educational
strategies to address child labour in India
Jyotsna Jha
3.1 Mapping and matching of educational decade (Jha et al., 2019a). While prevention or
strategies to prevent and eliminate child labour elimination of child labour is at times clearly
in India articulated as an objective of such schemes, it
The mapping of educational strategies that are remains an objective even when not stated
currently being implemented to prevent and overtly, as they aim to promote full-time
mitigate child labour in India are discussed schooling.
under the following three categories:
A number of non-cash or in-kind transfer
o household-level strategies;
schemes are universal in nature and therefore
o school-level strategies; and
aimed at all children, including boys and girls
o community and employer-level strategies.
coming from all social groups. These include
3.1.1 Household-level strategies the provision of midday meals and supply of
Considering that poverty and economic free textbooks, which is nearly universal until
constraints are recognized as major barriers to grade VII across the entire country, financed
ensuring the schooling of children, both union either through centrally sponsored schemes or
and state governments2 have been adopting state government initiatives. A number of
policies and programmes aimed at reducing states, especially in southern and western India,
both the direct and indirect (or opportunity) have extended midday meal provision to all
cost of schooling, and therefore incentivizing students until grade X. While a universal hot
the household’s decision to send a child to midday meal was introduced in most parts of
school. Both monetary and non-monetary India as a result of a Supreme Court directive
transfers have been part of the education and relating to food security, and is considered an
health delivery systems and have acted as important input for ensuring nutrition levels
incentives (e.g., scholarships linked with among children, it (coupled with free textbooks)
continuation of schooling and academic also plays a role in reducing the overall cost of
performance, monetary incentives for small schooling. In addition to these, there exist
family norm); conditional as well as several in-kind transfers targeted to social
unconditional transfers, in both cash and non- groups such as SC (Dalits) and ST (Adivasis) or
cash forms, have entered the policy regime in a to girls only – all groups which are considered
more comprehensive manner only in the last to be educationally disadvantaged. It is also
2 common to find schemes that are doubly
India follows a quasi-federal system of governance
where both union and state governments have the targeted (e.g., to SC girls, or to ST girls) for
mandate to formulate laws and policies, subject to
constitutional guidance and provisions. Education falls groups that are considered most disadvantaged
under the Concurrent List in the Constitution, indicating
that both the union and state governments have power and therefore most in need of special
and responsibility to enact laws and introduce policies.
intervention. These become important for child
5Work and Schooling: Landscaping educational
strategies to address child labour in India
Jyotsna Jha
labour also, as Dalits and Adivasis, along with girls, linking cash transfer to continuation of
Muslims, are over-represented among children education and not getting married before
who are engaged in employment. Annex 3 turning 18 years of age. These have been
provides the details of both cash and non-cash designed differently with varying institutional
transfer schemes, as well as details of various arrangements. Most of them were introduced
other schemes/initiatives from both with an aim to reduce gender gaps in
government and non-government agencies secondary education, bring down the adverse
with implications for the eradication or child sex ratios, prevent child marriage and
prevention of child labour.3 child labour. In certain cases, it is also linked to
immunization. For instance, in perhaps the only
While free uniform was a common scheme in
CCT scheme fully funded by the union
many states, and continues even now in some,
government, the Dhanalakshmi scheme
a new idea that has caught attention and
(launched in 2008), cash transfers were linked
become more common is the bicycle
to immunization at different stages as well as
distribution scheme. A number of states have
the enrolment and completion of different
introduced bicycle distribution schemes at
classes until the end of grade VIII. Some such
secondary level (known by different names) to
schemes (e.g., the Ladli Lakshmi scheme in
address the issues of mobility (non-availability
Madhya Pradesh and Bhagyalakshmi scheme in
of affordable transport) and high transport
Karnataka) are/were also linked to the two-child
costs. In some states, such as Tamil Nadu, the
norm, in the sense that only those children
scheme is universally provided for all students
whose parents had a maximum of two children
including boys and girls; however, in states
and had undergone sterilization are eligible.4
such as Bihar it is provided only for girls. In
Other such state-level schemes include: the Girl
Bihar bicycles are provided for all girls joining
Child Protection Scheme in Andhra Pradesh,
secondary school, while in other states, such as
the Ladli scheme in Delhi, the Rajalakshmi
Gujarat, these are provided only for girls
scheme in Rajasthan,5 New Girl Protection
belonging to below poverty line (BPL)
Scheme (NGPS) and Dhanalakshmi scheme in
households.
Andhra, the Balika Samridhi Yojana and
Kunwar Bainu Mameru schemes in Gujarat, the
A good number of Indian states have adopted
Beti Hain Anmol and Indira Gandhi Ballika
conditional cash transfer (CCT) schemes for
Suraksha Yojana schemes in Himachal Pradesh,
3
It is not easy to find all details of all schemes, especially
4
those being funded and administered by the state The Government of Karnataka has recently removed
governments. Hence, it is possible that this list is not this eligibility condition from the scheme.
5
exhaustive. It has since been discontinued.
6Work and Schooling: Landscaping educational
strategies to address child labour in India
Jyotsna Jha
the Rakshak Yojana in Punjab, the Mukhya Maharashtra and as high as 14.7 per cent in
Mantri Kanya Suraksha Yojana and Mukhya Tamil Nadu (Annex 4). Most of the schemes in
Mantri Kanya Vivah Yojana schemes in Bihar, Tamil Nadu – such as the Purachi Thalaivar
Mukhyamantri Lakshmi Ladli Yojana in MGR nutritious meal programme up to grade X,
Jharkhand, Kanyashree Prakalpa scheme in free supply of uniforms, and incentives to
West Bengal, the Mukhya Mantri Kanyadaan ensure retention in secondary education such
Yojana in Madhya Pradesh, Kalyana as free bicycles and free laptops – which have
Lakshmi/Shaadi Mubarak scheme in Telangana, resulted in a relatively higher share of direct
Biju Kanya Ratna Yojana in Odisha, and the transfers in that state come from the education
Manjhi Kanya Bhagyashree scheme in sector, but are not necessarily manged or
Maharashtra (Jha et al., 2019a). Most of these funded by the education department. The only
schemes are linked with registration at the time other two states where the share of direct
of birth and parents receive a lump sum transfers exceeds 10 per cent of total child
amount when the girl turns 18, subject to expenditure are Jharkhand and Bihar, while
fulfilment of conditions, as outlined by the most other states spend less than 5 per cent in
respective schemes. Some schemes include the form of direct transfers. In Jharkhand, there
periodic release of smaller sums before the are education-related schemes such as free
release of a lump sum as a scholarship or some distribution of school kits, high school
other incentive linked to continued schooling. scholarships and cycle distribution for both
Only a few, such as Kanyashree in West Bengal, boys and girls, and in Bihar there is nutritional
are exceptions to this where all girls enrolling in support for primary education, scholarships
grade VIII are eligible and money is released and the Chief Minister’s Poshak scheme; almost
directly to the girls’ bank accounts every year all of these pertain to the education sector. It is
until they continue schooling. also important to note that states such as Tamil
Nadu, with larger economies, spend much
A recent study analysing public expenditure on
more on education compared with states such
children in 16 states in India reported wide
as Bihar and Jharkhand where the size of the
inter-state variation in the share of direct
economy is much smaller (Jha et al., 2019b).
transfers6 as a proportion of total public
Nevertheless, it remains a fact that direct
expenditure on education. For instance, the
transfers have become an important part of
share of direct transfers as a percentage of total
public expenditure on children, especially in the
child expenditure is as low as 0.5 per cent in
education sector, to influence demand for and
6
The direct transfers in this context constitute retention of children in schools by
scholarships, food, textbooks, nutrition, uniform/clothing compensating the cost of schooling, and
and other similar cash or non-cash supplies.
7Work and Schooling: Landscaping educational
strategies to address child labour in India
Jyotsna Jha
offsetting lost income from child labour, at least named Samagra Shiksha (Annex 3), but so far
partially. this is still functioning in the same style with
similar interventions to the original separate
3.1.2 School-level strategies
schemes.8
Easy access to school itself is a strategy to
ensure regular schooling of children. Universal While the SSA scheme funded upgrading
elementary education has been a major policy existing primary schools (by adding additional
agenda in India since the late 1980s, which grades) and opening new schools, leading to
translated into state-specific programmes that better availability of upper primary sections, the
started during the late 1980s and early 1990s. 7
RMSA supported upgrading and opening new
These were followed by a national programme secondary schools. However, reviews indicate
– the District Primary Education Programme that the spread of secondary schools remains
(DPEP) – which started in 42 districts in 1994 poor in certain states, for example Gujarat,
and was extended to more than 200 districts where the spread of government/aided schools
later on, covering about half of the country. in the secondary sector has been poor, as
Following that, the nationwide Sarva Shiksha reflected in the low secondary to elementary
Abhiyan (SSA) scheme, and ultimately the school ratio (Jha et al., 2016). Opening of
Right of Children to Free and Compulsory residential schools or hostels has been another
Education Act 2009 (RTE 2009), made eight important strategy adopted by the SSA and
years of schooling a fundamental right for RMSA. These include Kasturba Gandhi Balika
every child aged between 6 and 14 years. While Vidyalaya (KGBV) under SSA for upper primary
the DPEP and earlier programmes focused on grades, girls’ hostels built through the RMSA
primary level (grades I–V), the SSA scheme and and often located next to KGBV, and model
RTE helped to also include upper-primary level schools. KGBVs are fully funded residential
(grades VI–VIII) as a priority for public policy schools for girls at upper primary grades where
and spending. A national scheme for secondary the students do not pay for any input including
level, the Rashtriya Madhyamik Shiksha food, uniform, tuition or transport. Social and
Abhiyan (RMSA), started in 2009, although this tribal welfare departments across a number of
has not been as well funded as the SSA. In states in the country run hostels for SC, ST and
2018, three schemes – the SSA, RMSA and OBC (Other Backward Caste) students of
Teacher Education (TE) – were merged into one, secondary, senior secondary and
undergraduate age groups, providing free
7
These included Lok Jumbish in Rajasthan, Andhra
8
Pradesh Primary Education Project in Andhra Pradesh, This is based on the author’s recent conversations with
Bihar Education Project in Bihar and Uttar Pradesh Basic senior government officials in a number of states
Shiksha Pariyojna in Uttar Pradesh. regarding research linked with educational finance.
8Work and Schooling: Landscaping educational
strategies to address child labour in India
Jyotsna Jha
accommodation and food in most cases. A programme does not exist as a centrally
number of states also have separate girls’ sponsored programme anymore but is
hostels. Full-time residential schools, known as operational in a few states on a very small
Ashram schools, are also run by these scale.
departments exclusively for ST children, and at
Vocational or skills-based education was
times also for SC children (Jha et al., 2015).
revived by the RMSA, where the scheme seeks
In the context of child labour, particular to integrate vocational education with general
interventions, namely bridge courses and academic education, with an aim to preparing
accelerated learning programmes (ALP), educated, employable and competitive human
become especially important. These are short- resource for various sectors of the economy
term programmes aimed at mainstreaming and the global market. Skills-based education
children who have either never been to school emerged as a major thrust area in the last
or who have dropped out. Bridge courses/ALP decade to emphasize the employability aspect
bring them up to their age-grade level before of secondary and post-secondary education.
admitting them to formal schools. Pioneered by This attains importance as child labour is also
the MV Foundation in Andhra Pradesh and at times justified on the grounds of being an
adopted by many states until recently, these opportunity to ‘learn’ the skill or trade. The
interventions were considered a major strategy Government also has schemes for
for eliminating child labour. This approach also strengthening madrassa education and
got a boost when RTE 2009 made special infrastructure, which becomes important from
provisions for both residential and non- the perspective of education of Muslims who
residential bridge courses to enable age-grade are very highly represented among working
appropriate schooling for the left-out children children.
(Government of India, 2009). These 9
India has the largest system of providing
programmes were/are run by both government
secondary and senior secondary education
and non-government organizations. The Mahila
through open and distance learning (ODL)
Samakhya programme was an important state-
mode in the world, although it covers less than
sponsored programme of women’s education
2 per cent of enrolled students at that level. The
that used to run a residential 8- to 10-month
main institutions for ODL-based education at
programme for education of women and girls
secondary and senior or higher secondary
known as Mahila Shikshan Kendra (MSK). The
stages are the nationwide National Institute of
9
For various other notifications linked to the Act, refer to Open Schooling (NIOS) and the state-specific
.
State Open Schools (SOS), where operational.
9Work and Schooling: Landscaping educational
strategies to address child labour in India
Jyotsna Jha
The NIOS and SOS have been considered NCF (National Curricular Framework)10 phase.
especially relevant for working children, as well Although a rigorous review needs to be
as for adults who missed schooling in early undertaken, a preliminary perusal suggests the
years due to various reasons including early presence of diverse references and content in
engagement in labour. these textbooks. However, in general, this is an
area that has been found lacking in terms of a
Considering that the relevance and quality of
focus on equity within learning resources and
schooling emerges as a major reason for
processes, and in teacher orientation, despite
dropping out, it is important to understand
major investment on teacher training and some
whether and where there has been any
teacher education reforms.
intervention pertaining to schooling processes
and relationships. It is well recognized that It is important to talk about one of the most
children coming from marginalized contexts, vulnerable groups among working children –
and children who have missed the opportunity that is, street children, children who have been
of regular schooling, need a caring and trafficked and/or faced abuse, and children in
enabling classroom environment and juvenile homes. These are not exhaustive or
reassuring relationships with teachers. Respect exclusive categories, and they often overlap.
for the child’s language, background and Child protection becomes critical in these
context is considered essential to move away contexts. The Government of India’s
from a largely negative narrative of deprivation programme, Integrated Child Protection
to a positive narrative of what resources these Services (ICPS), focuses on two aspects: (i)
children have to offer. For instance, children services for those in need of care and
who have been engaged in labour may have protection and children in conflict as defined
some knowledge from such engagements that under the Juvenile Justice Care and Protection
can be converted into a rich resource for Act, 2015 and with children who come in
academic learning, and this may help not only contact with the law, either as victim or as a
in increasing the pace of formal learning but witness or due to any other circumstance; and
also in establishing that they too have useful (ii) preventive, statutory, and care and
knowledge and skills. Although it is difficult to
10
The National Council of Education, Research and
access any detailed information on whether Training (NCERT) undertook a major initiative of
developing a new National Curriculum Framework in
there has been any effort to change this
2004–2005, using a broad-based approach by involving
narrative through training of teachers or school academics, professionals and teachers from across the
country and leading to the development of 21 position
heads, some initiatives towards this can be papers in addition to the Framework document.
Following this, the textbooks were rewritten following
identified in terms of textbooks and other the principles outlined in the position papers and the
Framework.
resources that have been developed in the post-
10Work and Schooling: Landscaping educational
strategies to address child labour in India
Jyotsna Jha
rehabilitation services to any other vulnerable districts; the guidelines were modified in 2016
child including, but not limited, to: children of as a result of the introduction of the RTE 2009
potentially vulnerable families and families at making elementary education free and
risk, children of socially excluded groups like compulsory and also the changed nature of
migrant families, families living in extreme child labour. It now also focuses on rescuing
poverty, scheduled castes, scheduled tribes and adolescents employed in hazardous industries,
other backward classes, families subjected to or working conditions in non-hazardous contexts,
affected by discrimination, minorities, children coordination with other departments and
infected and/or affected by HIV/AIDS, orphans, making provision for bridge courses as well as
child drug abusers, children of substance vocational training for mainstreaming of
abusers, child beggars, trafficked or sexually children in existing schools (Government of
exploited children, children of prisoners, and India, 2016b). The modified scheme, which was
street and working children (Ministry of Women extended until March 2020, also focused much
and Child Development, Government of India, more on monitoring, reporting and
undated). ICPS brought together multiple mainstreaming (Government of India, 2017).
existing child protection schemes of the
3.1.3 Community and employer-based
Ministry of Women and Child Development
interventions
under one comprehensive umbrella, and
A number of NGOs have been working on the
integrates additional interventions for
issue of child labour using the tools of social
protecting children and preventing harm. The
mobilization, community awareness, vocational
scheme also focuses on convergence with all
training, bridge courses and advocacy with
relevant departments and in creating a
employers. The MV Foundation (MVF) is one of
database and knowledge base for child
the most important, taking a position that all
protection services.
non-school-attending children should be
National Child Labour Project (NCLP) treated as being engaged in child labour. It has
It is important to discuss the NCLP separately stood against non-formal education as a form
as this is the only programme that has been of child labour and emphasized the need for
implemented by the Government of India with formal schooling for all. It organizes campaigns
the main objective of eradicating and with both parents and employers, uses
preventing child labour through schooling and residential and non-residential bridge courses,
social mobilization. Started in 1988, the initial and trains volunteers who act as teachers as
focus was on running special schools for well as mobilizers. MVF has focused on
children (aged 5–14 years) identified as having motivating certain groups to go to school: girls
been engaged in labour in high incidence working in domestic child labour and engaged
11Work and Schooling: Landscaping educational
strategies to address child labour in India
Jyotsna Jha
in household industries, as well as boys Karnataka has been working since 1986 on the
working in the informal sector, rag pickers, issue of child labour and it collaborates with a
construction labourers and street children. It number of local partners including government
also engages with local institutions and bodies agencies to make panchayats child labour free.
such as Gram Panchayats (GPs), School The strategy adopted includes reducing the
Management Committees (SMCs), Child Rights burdens and workload on children; improving
Protection Forums (CRPF) and school teachers, the quality of and access to education and other
as well as being actively involved in the basic needs such as fuel, food and water;
formation of networks and orientation for other providing easy access to life and professional
NGOs and government agencies interested in skills; enabling the Grama Panchayats to
adopting similar models. It has used open engage in child-centred planning; and
school systems effectively to mainstream improving livelihood opportunities (The
children into formal schooling up to a level Concerned for Working Children, undated).
from which they can join regular formal
SATHI (Society for Assistance to Children in
schools. MVF also engages with employers and
Difficult Situation) is an NGO that works to
uses diverse tools: first, it tries to argue with
create a safe, secure and nurtured environment
them and advocate against employing children,
for runaway and separated children within the
and if successful, it publicly felicitates them,
child protection system from grassroots to
converting them into partners. Where this does
national level, so that children can develop
not succeed, MVF will ‘name and shame’, if
holistically with self-confidence, self-worth and
necessary.
dignity. Its work involves providing them with
The NGO Bachpan Bachao Andolan focuses on shelter-care, guidance and counselling and
rescue and rehabilitation, and plays a role in eventually making an attempt to reunite
providing assistance through legal aid, children back with their families.11
transitory homes, medical help, food, clothing,
Indian Child Abuse, Neglect and Child Labour
recreational facilities, sports, theatre and
(ICANCL) is another NGO working on this issue
counselling during children’s stay until all legal
that focuses on sensitizing the community,
formalities and repatriation is completed. It has
formulating recommendations for welfare and
been active in promoting coordination between
protection of children, and demanding rights
different bodies of child protection including
for children. It also works towards rescue and
the State Commission for Protection of Child
Rights, State Legal Services Authority and
11
It is possible that a large number of such NGOs exist at
National Legal Services Authority. The small scales in different parts of the country and hence
the list is not exhaustive.
Concerned for Working Children (CWC) in
12Work and Schooling: Landscaping educational
strategies to address child labour in India
Jyotsna Jha
rehabilitation in cooperation and collaboration vocational training, literacy and numeracy
with various organizations. It especially focused skills, health and nutrition awareness and
on working with news media and information through these, postponing marriage age and
agencies to bring about social awareness and early engagement in exploitative labour (Jha et
attitudinal changes and seek community al., 2016). Some NGOs working in preventing
participation in child welfare activities. Bal child marriage use engagement with
Raksha Bharat (Save the Children India) runs a adolescents, both boys and girls, and in the
good number of projects using the tools of process also influence the practice of child
improving the quality of education and labour to some extent.
healthcare, nutrition, protection from harm and
CHILDLINE 1098, started by CHILDLINE India
abuse, and providing life-saving aid during
Foundation in 1996, and set up by the Ministry
emergencies to children through setting up
of Women and Child Development, is a free
community groups, community reading camps,
emergency phone service for children in need
Bal Sabha, suggestion boxes and other such
of aid and assistance, and is open 24 hours a
initiatives to mobilize the community. CRY
day and 365 days a year. They not only respond
(Child Rights and You) is another NGO that
to the emergency needs of children but also link
actively works on issues of child labour and
them to relevant services for their long-term
other related areas of child rights by partnering
care and rehabilitation. A number of states are
with other NGOs, mobilizing local communities,
using diverse communication methods for
creating awareness and getting public support.
creating awareness – from mass media to local
Some of the government programmes focusing folk forms, and from individual counselling to
on adolescent girls are important for engaging institutional support. Rajasthan has reportedly
with the issue of girls’ empowerment and their made an announcement through its budget
schooling, and therefore relevant even for their presented for 2015–2016 (No. 167) that the state
engagement in labour. These include SABLA, or government will provide three awards each
the Rajiv Gandhi Scheme for the Empowerment annually to the Zila Parisad (district), Panchayat
of Adolescent Girls, and Kishori Shakti Yojna Samiti (block) and Gram Panchayat (village) for
(KSY). One of these two union government exemplary work in the area of prevention of
supported schemes is in operation in most child marriage with award money being
states and these work through community- between 1 and 25 lakh rupees. The state had
based adolescent girls’ groups that include both also introduced another scheme named Ladli
school-going and out-of-school girls, and have Samman, under which girls playing a major
linkages with anganwadi centres. The role in preventing child marriage, child labour
programmes aim to provide life skills and
13Work and Schooling: Landscaping educational
strategies to address child labour in India
Jyotsna Jha
or child abuse would be publicly facilitated and The Ministry of Panchayati Raj, Government of
rewarded (Jha et al, 2016). India, has launched the Child-friendly Gram
Panchayat Award since 2018–2019 for the best
The Ministry of Labour and Employment has performing GPs/village councils (one in each
started an online portal, known as Pencil, to State/UT) for adopting child-friendly practices.
register complaints regarding illegal This may enable panchayats to work towards
employment of children in work from all over instituting practices that could eradicate or
India. The complaint can be for any child diminish the prevalence of child labour in that
engaged in illegal employment, which includes area. This is also important for bring the third
both what the law does not permit and what it tier of governance into ambit and promoting
regulates. For instance, a complaint can be child rights-based initiatives at the lowest level.
made if an adolescent is employed in What emerges is that there are a good number
hazardous situation and a complaint can also of schemes and initiatives that try to address
be made if an adolescent is employed in non- the issue of child labour. These exist in both
hazardous situation but the requisite conditions government and NGO sectors. The NGO
are not met.12 And of course, a complaint can schemes are usually small in scale and
be filed about any child employed below the therefore the reach is likely to be limited. The
age of 14, especially if the child is not in school. government schemes are generally large in
The local authorities with designated power can scale and therefore not necessarily responsive
initiate action once the complaint is registered. to local needs. The next section examines the
relevance and effectiveness of the initiatives to
12
According to Section 7 of the Child Labour (Prohibition the extent allowed by the existing literature and
and Regulation) Act, 1986, no child is allowed to work for
more than the prescribed hours. No child will work information.
between 7 pm and 8 am and no child will work for more
than three hours per day and the period of three hours
can be extended if the child gets a rest interval for one 3.2 Do these strategies match the need and
hour. No overtime is allowed. To employ an adolescent,
the following conditions must be satisfied: have they been effective?
1. The period of work should not exceed three hours.
2. Work in more than one establishment is not The evidence around the relevance and
allowed for an adolescent. effectiveness of these strategies and schemes,
3. A holiday of one whole day must be provided to
every adolescent. especially in terms of influencing the practice of
4. After working for three hours there should be a rest
child labour, is at best sketchy and therefore full
interval for one hour.
5. An adolescent can only work for six hours a day of gaps. Most evaluations have been carried out
and not more than that.
for specific schemes and focus on specific
6. Between 7 pm and 8 am, no adolescent can work.
7. They cannot be forced to do overtime. impact, which makes it difficult to link them to
other aspects such as child labour for example.
Although the number of children reached or
14Work and Schooling: Landscaping educational
strategies to address child labour in India
Jyotsna Jha
rescued is available in many cases, this does Some schemes have attracted greater attention
not tell us about the changes in terms of social from researchers compared with others. The
norms around this issue. Also, since the bicycle distribution scheme in Bihar is one of
estimate itself remains narrow and those. An experimental design-based
questionable, it is difficult to establish even the evaluation of the scheme concluded that not
reach in terms of numbers. However, based on only did the scheme increase girls’ age-
available literature and evidence in the public appropriate enrolment in secondary school by
domain, we attempt a review of these 30 per cent and reduce the gender gap in age-
interventions for their suitability to the issues appropriate secondary school enrolment by 40
and effectiveness in influencing the practice or per cent, it also generated further benefits
related causes. beyond cash value by influencing safety and
mobility norms that proscribed female mobility
3.2.1 Direct transfers (cash or in-kind) to outside their villages and therefore inhibiting
children or households secondary school participation (Muralidharan
While the midday meal is one of the most and Prakash, 2013). Another study of the same
evaluated schemes in education, the scheme confirmed changes in girls’ aspirations
evaluations have largely concentrated on the relating to their desire to work outside
nutrition aspect, the delivery process and the agriculture and in their decisions to postpone
quality of food provided. In general, the their age of marriage (Mitra and Moene, 2019).
feedback in terms of influence on school Evaluations of the Saraswati cycle scheme in
attendance has been found to be positive in Chhattisgarh also indicated that such schemes
most contexts (Bonds, 2012). Free textbooks are have led to increased girls’ enrolment in
usually perceived as an essential element of secondary education, enhanced confidence and
schooling rather than an incentive and hence positive influences on parents’ attitudes
have rarely been examined from that towards their daughters’ education (Midstream
perspective. Nevertheless, the available Marketing and Research, undated).
feedback points to delays and other
This means that such transfers have the
irregularities in the delivery of free textbooks
potential to influence child labour-related
(Prakash, 2015), indicating a reduced potential
practices and decisions – but the same effect is
to act as a cost-saving incentive; if the books
apparently not visible everywhere. Feedback
arrive late, they tend to lose their relevance in a
from Gujarat suggests that the bicycle alone
schooling system bound by annual and daily
does not make much difference. This also
routines, and where textbooks are often the
implies that scheme design as well as context
only resource.
plays a role: the Bihar scheme was universal
15Work and Schooling: Landscaping educational
strategies to address child labour in India
Jyotsna Jha
and therefore applicable to all girls enrolling in survival rates (Sinha and Yoong, 2009) but it did
grade IX, whereas the Gujarat scheme was not succeed in influencing societal views and
limited to the girls from BPL households. A perceptions about the girl child or on girls’ self-
larger number of girls coming together to go to efficacy (Nanda, Dutta and Das, 2014; Krishnan
school using their bikes in Bihar meant the et al., 2014). Some have also questioned
presence of a critical mass to influence the whether positive changes can be attributed to
social norms around mobility, safety and the scheme as the small size of the transfer was
schooling of girls (Jha et al, 2016). It also not influential in changing deep-rooted biases
demonstrates that allowing for the potential to in the community (Mazumdar, 2012).
work to break social norms around practices
A recent evaluation of the Bhagyalakshmi
such as child marriage or child labour is very
scheme in Karnataka, which was started in
important for the design and details of any
2006–2007 and is modelled along similar lines
strategy.
to ABAD, though with a few different features,
The Apni Beti Apna Dhan (ABAD) scheme in also revealed its limitations in addressing
Haryana was one of the first CCTs started in structural barriers. The programme is directed
India in 1994; it was remodelled in 2004–2005, only towards BPL households, but the study
and has completed 20 years of operation, found no difference between the attitudes and
lending itself to be evaluated for its impact on perceptions toward the girl child between APL
the long-term goals. The scheme initially and BPL families. Issues of mobility and
targeted all socio-economically disadvantaged accessibility are a big constraint for
girls but was revised in 2004–2005 to restrict it households, irrespective of their economic
to the second girl child of all groups, doing status. The study also emphasized the need for
away with the targeting. The scheme offered indicating that the bond amount is meant for
two points of transfer: (1) a small cash girls’ education rather than wedding expenses.
disbursement to mothers (INR 500) within 15 It concluded that the CCTs are not the
days of delivering an eligible girl; and (2) within appropriate vehicle to create empowering
three months of birth, and on enrolment into outcomes, although cash in the hands of young
the scheme, a savings bond of INR 2,500 in the girls is very useful and critical in many
name of the newborn girl which was resource-poor contexts. Unless there is a
redeemable at maturity for INR 25,000 when mechanism whereby girls are able to use that
she turned 18, provided the girl was fully money for their own welfare as opposed to the
immunized, remained unmarried and continued welfare of their families, the cash disbursement
schooling. Studies revealed that the fails to reach its intended objective (Jha et al.,
programme contributed positively to girl child 2019a).
16Work and Schooling: Landscaping educational
strategies to address child labour in India
Jyotsna Jha
Compared to other CCT schemes, Kanyashree senior secondary institutions at accessible
Prakalpa (KP), which was started in 2013 in distances is a bigger barrier to continued
West Bengal, is different as it requires girls to schooling; this is despite the fact that girls are
register themselves at the age of 13 and not supposed to pay any tuition fees in
involves the transfer of an annual grant of INR government schools and colleges.
750 for unmarried girls between the ages of 13
It is also important to note that most of these
and 18 who are enrolled in grades VIII to XII or
schemes are targeting girls alone whereas the
equivalent (KP1). The second incentive (KP2) is
participation of boys in their adolescence is
a one-time grant of INR 25,000 when the girl
much higher, at least in paid labour, in both
reaches 18 years of age, conditional upon her
rural and urban areas. In Tamil Nadu, a number
remaining both unmarried and pursuing
of schemes such as bicycle distribution are
educational, vocational, technical or sports
aimed at both boys and girls but a recent field-
training until that age. In a recent evaluation,
based review of schemes in secondary
the scheme was found effective in reducing
education concluded that these schemes do not
underage marriage and early drop-out among
have much influence on the decision to
teenage girls; it also indicated that there were
continue/drop out of school. Conventional
some improvements in the empowerment of
indicators, such as accessibility to schools, and
girls in terms of making decisions regarding
infrastructure, such as better road and
their education and marriage (Sen, 2018).
transportation coupled with the perceived
Very few CCTs have included aspects of quality and potential economic returns of
empowerment such as parental education or education, play a greater role in influencing that
social mobilization against the social norms of decision (Rao et al., 2020). The Karnataka study
child labour or child marriage. What also on Bhagyalakshmi also concluded that girls are
emerges clearly is that the presence of currently facing structural and social barriers
functioning schools or colleges matters: such as inaccessible schools, lack of teachers,
bicycling was viewed as safe because schools lack of schools and lack of safe transportation
were not located very far from residences facilities which compound regressive attitudes
whereas distance was a probable reason for the towards the mobility of girls (Jha et al., 2019a).
poorer response in Gujarat where the coverage This takes us the next section where we review
of government schools is much worse (and school-based interventions and strategies on
therefore the distances needed in order to child labour.
travel to them much further) in rural areas (Jha
et al., 2016). The Karnataka study also showed
that an absence of government-run schools and
17Work and Schooling: Landscaping educational
strategies to address child labour in India
Jyotsna Jha
3.2.2 School-based interventions education and training rarely equip teachers to
In general, access to schools has improved in teach a diverse classroom in terms of
the last two to three decades, especially at languages, resources, skills, social capital and
primary and upper primary levels. The so on. It is important to have greater evidence
implementation of RTE, even though on these areas and their impact on the
compliance to minimum norms has remined far equitable quality of schooling, especially in
from complete in most states, has enabled light of the highly charged learning outcome
greater access to schooling at elementary level. focused public debates that have become more
However, the spread of secondary schools, visible and noisy in recent years. It is also
which is what matters for adolescents, is still important from the perspective of those
uneven. There is no comprehensive study children who join after experiencing exclusion
looking at the spread of schools and the and facing abuse and exploitation of various
prevalence of child labour in states and it is kinds. Since the policy focuses on an inclusive
imperative to undertake such an analysis. There school system rather than special schools, it is
is also a critical need to examine the issue of important to examine the inclusiveness of
linkages between availability of work schools for the most vulnerable children in the
opportunities for children, spread and entire schooling processes.
functioning of schooling, and incidence of child
Residential schools are widely acknowledged as
labour.
having worked well for girls coming from
There is not much known about the content and marginalized and poor households by taking
pedagogy on one hand, and the issue of the care of all expenses for food, uniform, books
ease with which children coming from difficult and other related needs in addition to
or disadvantaged backgrounds feel welcome in schooling, and also addressing the issue of
schools. However, available evidence can be distance and transport (Jha et al., 2015). One
classified into three types in this respect: (i) major advantage of a residential set-up is that it
children face subtle discrimination and isolation provides opportunities for collectivizing and
in classes due to their inability to connect with mobilizing the students on social issues, and
mainstream languages, lack of skills that other therefore has tremendous potential for
children may have and poor economic impacting social norms regarding labour,
background visible in their clothing and other marriage and mobility, and also may act as
possessions leading to alienation and change agent back in their own villages (Jha et
disinterest; (ii) children being admitted through al., 2015; Ramachandran and Mahajan, 2004).
the RTE route in private schools face both overt However, rigorous studies are still needed to
and subtle discrimination; and (iii) teacher examine the effectiveness and desirability of
18Work and Schooling: Landscaping educational
strategies to address child labour in India
Jyotsna Jha
residential schools as a public policy choice, convergence with various departments and in
especially because of their relatively high cost. social mobilization (Satpathy et al., 2010). In
general, NGOs have been more successful in
The reach and functioning of open school
community-based interventions and the next
systems are limited, but they have been
section discusses the effectiveness of
significant in providing opportunities for
community and employer-focused
schooling to those who are working. A recently
interventions.
completed study examining the role of ODL-
based education in promoting access to
3.2.3 Community and employed-focused
secondary schooling found that it had been
interventions
particularly useful for those who were working
NGOs such as MVF and CWC have been well
and wanted to educate themselves for getting
recognized for their efforts in working with
additional benefits in their employment or to
diverse stakeholders and bringing down the
change the terms of the nature of their
prevalence of child labour in the areas where
employment, especially in urban areas (Jha et
they are operational. What is important in their
al., forthcoming). The study also concluded that
approaches is that they are able to work with a
this mode has high potential but the present
range of stakeholders and are responsive in
delivery design is fraught with limitations,
their approach – they come up with a strategy
which act as barriers for those who have limited
in response to the context. One of the success
access to information, technology and money.
stories is that of Bachpan Bachao Andolan, and
ICPS focuses more on convergence and it is a number of smaller NGOs working in various
difficult to assess whether it has contributed in areas of focus, in creating public awareness
making support services more sensitive and about child labour and related issues, and in
accessible to those who need these, and in influencing public opinion against child labour.
reducing the incidence of child labour. The data MVF has also been successful in transplanting
regarding coverage, reach, usage of homes, its strategy of bridge courses on a large scale,
training conducted, etc., have become available although these have at times not necessarily
but these do not help in establishing the remined as comprehensive and responsive,
impact. The national evaluation of NCLP found especially when implemented on a large scale
that, although the programme had succeeded through government agencies. A number of
in bringing a large number of working children other civil society-based programmes, such as
into the fold of schooling, the functioning has Doosra Dashak in Rajasthan (foucsing on
been uneven across districts, and the individuals aged between 10 and 20), work
programme has been weak in terms of through an ecological model where child labour
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