PROTECTION OF RIGHTS OF CHILD LABOURERS
& THEIR REHABILITATION IN ORISSA THROUGH CONVERGENCE
BY
Dr.
H. K. Swain
Prof.
& Dean (Research)
Bharatiya
Vidya bhavan
Bhavan’s
Center for Communication Bhubaneswar
&
Formerly, Professor & Head, P. G. Deptt. Of Personnel
Management & Industrial Relations, Director of College Development Council,
Utkal University, Bhubaneswar
Cell
no:-+91 9437017840
LIST OF CONTENTS
1.
Abstract
2.
Introduction
3.
Review
of literature
·
Constitutional
provisions
·
Book review
·
Commission’s report
·
Articles
4.
Description
of the proposed research:
·
Rationale and
objectives
·
Methodology
·
Research design and
sample
·
Tools and materials for
analysis
·
Data collection:
primary, secondary data analysis
·
Influence of study on
policy formulation and future projection
5.
References
6.
Time
and cost estimate
ABSTRACT
Children
are future citizens of the nation and that resource can be taken care of with utmost
level and proper policies at national and international level have been
formulated to protect and nurture them as the world resource.
UN
declaration on the “rights of the child”, ILO conventions and recommendations
relating to children besides the national policy, five year plans, have much
impact on Indian labour legislation which seek protection, promotion of child rights and welfare of the employed children.
Indian constitution makers realized the need for putting curbs on child labour
and abuse of the same in India.
Many
research projects have been taken up at national and provincial level through
national and international agencies to curb child labor. In Orissa,
international labor organization has launched various programmes along with
granting various projects to rehabilitate child labours. Those are under
implementation throughout the state since 1995.
National
policy on child labour focused on the following important areas for its future
action programmes:
i.
Legislative action plan
ii.
General development programmers
for benefitting the child labor
iii.
Project based plan of
action in areas of high concentration of child labor engaged in wage and
lower-wage payment employments
Orissa
is having more than seven lacks child labors engaged in different hazardous and
non hazardous employments.(Annex)
Govt
is taking various initiatives to prohibit child labor. Those are engaged in different
occupations including agriculture animal rearing,
horticulture, zari and silk manufacturing, handloom, power loom, carpet
weaving, glass manufacturing, beedi making, gem polishing, waste recycling,
domestic work etc.
From
various surveys conducted by different agencies, it is revealed that in India
the figure of child labor varies from 10.23 million to 44 million. The number
of child labor as per the census (1991) is 11.29 million as against child
population as per 2001 census is 1,57,863,145
Since
1924, after league of Nations, Geneva Declaration on the “rights of the child
“in the context of measures to be taken against child labor, slavery, traffic
and prostitution of minors. Number of international initiatives for protection
of child labour has been adopted since then. In 1959, the United Nations
adopted declaration for protection of physical and manual immaturity of the
children. The declaration affirms that the “child shall enjoy special
protection to enable him/her to develop physically, mentally, morally,
spiritually and socially in a healthy and normal manner as well as in
conditions of freedom and dignity.
Despite
various efforts taken by different agencies, the child labor is in increasing
trend in Orissa. The state labor administrative machinery has been taking
different measures for curbing such problem. But it has not achieved expected
results during the last decade. Thus various various department like works,
forest, agriculture, finance, child & women development have been associated
to take joint action for making the programme success.
The
study is to examine and evaluate various schemes of ILO & national Govt
operating in the Orissa with specific reference to Cuttack and kalahandi
districts.
INTRODUCTION
In
1931 Royal commission in its report gave emphasis on removal of tender age
children from work place. Subsequent to the report, the Indian National
Congress adopted “Karachi Resolution” which spelt out the goal of Indian
democracy and the constitution state to be committed for safeguarding “the
interests of worker, ensuring that suitable legislation should secure a high
wage, healthy conditions, limited hours of labor and protection from the
economic consequence of old age, sickness and unemployment and also stated all
children can be protected. Many legislation concerning child labors were
enacted.
The
children are exposed to various problems. Constitution has provided legislative
measure to protect the working class children. The laws/ legislations are
implemented. But the reasons for which the problem still persists in the
greatest concern of the nation.
Various
reasons may be assigned for converting a child to a labourer than a school goers.
Free education enunciated by the Indian Constitution up to age of 14 is being
emphasized, for bringing children from home to school. Sarva Sikhya Avijan has
been adopted with free food, clothing, books and other care to make them good citizens. The country has
taken avowed goal to achieve through its preamble, justice – social, economic,
political, liberty of thought, expression, belief, faith and worship, equality at states and of opportunity and
promote them all, fraternity assuring the dignity of individual and the unity
and integrity of the Nation.
Labor
investigation committee (1946), Sanant Meheta Committee of (1986) emphasized on
education age of children. India was announced a National Polity of “Child
Labor” as early as 1987 for the development nation and providing education and
curbing child labor in the country.
The
supreme court of India in various judgment has issued various instructions to
the provincial governments to eradicate child labor as well as to provide
alternative livelihood option for the families of child labor.
With
a view to the aforesaid reasons it is necessary to make an evaluation of the
child labor eradication programmes executed by the Nation and the State for
recommendation to the policy maker.
BACKGROUND OF THE STUDY
Since
1995 Govt. of India has adopted various projects / scheme for eradication and
rehabilitation of child labor in the state . There are 1030 child labor
rehabilitation schools in the State to give them their rights. Out of those 815
National Child labor project schools are imparting professional education to
bring the child labors to the mainstream. More than one hundred cores of rupees
have been allocated for this purpose. The objectives of the study to evaluate
the scheme along with the activities of different government and non-government
agencies to protect the constitutional rights of the child labors.
Child
labors are engaged in different hazardous and non – hazardous occupations.
National and international policies have been adopted during different times to
protect the child rights.
The
declaration of the “Rights of the Child” proclaimed by UN General Assembly on
Nov,20, 1959 (Resolution No. 1336-XIV) affirms that child shall enjoy special
protection to enable him / her to develop physically, mentally, morally,
spiritually and socially in the healthy and normal manure as well as in
conditions of freedom and dignity.
After
two decades of Geneva Declaration on “ Rights of the child”, UN declared in
1979 as the international year of the children’ concerned with the protection
as well as the survival and the development of children
The
UN commission on “Human Rights “ then started work on the drafting on concern
with initiative of Poland in 1989 and a Bill of rights containing 54 articles
on the child providing guarantees for a spectrum of ‘child’s rights’.
The
UNICEF on 11th December 1946 has taken up tremendous steps to guarantee
the child rights in 130 countries. This is to prohibit the child exploitation
and grant them to enjoy their rights.
LITERAUTURE
SURVEY:
The
review may be started from J.C.Kulashrestha
in his book “Child Labour In India” by Ashis Publishing House, New Delhi (1978)
who says labour is worship but it must be expected from and exacted upon those
who are fit for it. Misplaced labour is dangerous to one who does it and to
those who sets the fruit of it. He categorically pointed out that politically ,
socially and economically child is the
seed of natural growth and recognising this fact , the government has taken
various executive as well as legislative steps to protect them. But in law ,
much is to be desired. The employers take benefit of many a loopholes in the
law and exploit children.
Though the fourth and fifth chapters of
the book contains the steps taken by ILO and protective legal measures
respectively , but a detailed study of the legal provisions with case laws on the problem as well as the role played by
the judiciary in this regard are not dealt with any where. But Kulashrestha
observed that existing provisions regarding working conditions , medical ,
educational, housing and recreational facilities to the child labour are
inadequate.
Elias Mendelievich,
in his book titled “Children at Work” by ILO, Geneva (1979) has very aptly
observed that to a greater or lesser extent children in every type of human
society have always taken part and will take part in those economic activities,
which are necessary if the group to which they belong is to survive. In the
developing countries like India , the driving force behind the employment of
children is poverty. Apart from this , the other causes are to assist their
parents in the economic activity of the household, parents attitudes , absence
of earning members in the family etc. Child labour is also preferred as it is
very cheap and readily available in the agricultural and rural sector. In most
of the factories, where the children are employed , have to work in unhygenic
conditions with little or no ventilation and light. In agricultural work ,
contact with pesticides and fertilisers
lead to skin problems and poisoning. In the development countries , he
observed , it is the parents or relatives who first pushed their children to
work, but they lack foresight to judge the harms caused by the early employment
of the children.
Praveen Nangia,
in his book entitled “Child Labour : Cause-Effect Syndrome” by Janak Publisher,
1987, New Delhi , has analysed that apart from poverty , the low educational
and occupational status of the parents and inadequacy of the legislative system as well as its
insufficient enforcement are the reasons of child labour problem. Next to it ,
honesty , sincerity ,efficiency and cheap labour of children are the other
factors behind the existence of the problem in the society. The author
recognised that employing child labour has some positive effects on the child
as well as on the society since it accelerated the process of socialisation. At
the same time , it is also argued that the negative consequences overpowered
the positive ones. The physical and mental health of the child labour is
naturally degenerated by the early employment and thus his / her earning
capacity at the later age is reduced because of lack of education and formal
training. Moreover, the child labour most often suffer from the incidence of
malnutrition and under-nourishment.
B. Dinesh,
in his book entitled “Economic Activities of Children : Dimensions, Causes and
Consequences” by Daya Publication house, New Delhi, 1988 has analysed that a
rural family would prefer to have many children expecting each of them to work
and add to the family income. Thus, high fertility is one of the major
consequences of the economic activities of children, while other consequence of
child labour is that it reduces adult wages. The work participate in the labour
force and by displacing the adults from the labour market , it rather supports
the unemployment problem indirectly. Early participation in hazardous
activities shortens their life length and future earnings.
B. Chakravorty
in his book entitled “Education and Child Labour”by Chug Publications,
Allahabad, 1989 has disclosed and discussed the interrelationship between
literacy and schooling on one hand and the gap between the idea of
universalisation of literacy and of elementary education and reality on the
other hand . He has reviewed various policies and programmes in relation to
universalisation of elementary education
and of literacy in Andhra Pradesh. According to him , children who are not
enrolled and drop-outs grow into adult illiterates and therefore examined the
progress in literacy and the progress in
elementary schooling at disaggregated level as a part of the mutually dependent
effort of the total process. The use of child labour is also a constraint to
universalisation of elementary education. But very few studies bring about the
empirical dimensions of child labour in precised manner in which use of child
labour is proved to be an obstacle to universalisation of elementary education.
Mr. Chakravorty examined this problem in detail through depth studies in
selected rural areas and urban slums. At the same time , his work provides a
critique of the national policy and suggests a need for a stronger policy
thrust for achieving universal literacy within a given time frame.
Prof. Myron Weiner’s work entitled “The Child
and the State in India : Child Labour and Education Policy in Comparative
Perspective” by Oxford University Press, Delhi/ Bombay/Calcutta/ Madras, 1991
is mainly based on the child labour and education policy in Indian context. He
has tried his best to explain the problem and reviewed the compulsory education
policies and child labour problem and attempted to explain why India is a
significant exception to the global trend towards the removal of children from
the labour force and the establishment of compulsory, universal primary school
education. Basing upon the interviews with government officials, educationists,
social activists and children, he has built a convincing case. He spoke to many
officials of education department but did not find a single one who advocated
compulsory education.
In
his work, he has only touched the legislative history of the child labour laws
but neither it is elaborately discussed nor any emphasis has been given on role
of Indian judiciary on the problem.
Weiner
contends that India’s political culture not its poverty is at the root of the
problem. His work is critical of the Indian Government’s unwillingness to make
education compulsory and its acceptance of child labour. He says, in India,
where primary education is neither compulsory nor child labour is illegal, it
is obvious that it will encourage the children’s work participation rate.
The work of P.L.Mehta and S.S.Jaswal entitled “ Child Labour and the Law: Myth and Reality of
Child Labour Welfare by Deep and Deep Publications, New Delhi, 1996 is based
upon the constitutional philosophy of child labour welfare with special
reference to tea stalls, sweet shops and Dhabas in Shimla town. They have
analysed the problem of child labour seriously and various acts, rules and
regulations have also been taken into consideration for dealing with the
subject of the study. The authors have intended to find out the reasons of
child labour, nature of their work, wage structure, working conditions etc. and
reached at the conclusion that unorganized sector employs a large number of
children below the prescribed age and they are deprived of their rights. It is
argued by the authors that the children should be given adequate opportunities
and facilities for developing themselves into a good citizen as they are the
future of a nation. The study disclosed
that children in India and elsewhere in the world have not been given proper
attention and are being exploited by the people for the accomplishment of their
selfish goals. They have been exploited more or less in all periods of time,
though varied in its nature and dimensions, depending on the existing
socio-economic structure of society. The legal provisions and judicial response
to child labour welfare are discussed to some extent in this book and certain
amendments in the Child Labour ( Prohibition and Regulation) Act. 1986 are
advocated.
Dr. Amarnath Singh
in his book entitled “ Child Labour in India : Socio-Economic Perspective by
Shipra Publications, Delhi, 1990 has attempted to study various facets of child
labour and confined his study to the carpet industries only. He defined
“children” as those in the age group of 6-15 years, working for wages in their
family-owned or non-family carpet weaving units. An attempt has also been made
by the author to find out their pre-work life and socio-educational life
pattern; to locate factors leading them
to accept employment ; to identify their socio-economic and familial
background; to delineate various positive and negative aspects of their working
conditions and also to review the existing legal provisions in a nutshell and
their implementation in the carpet weaving units. For this, an empirical study
was done by the author in Sewapuri development block of Varanasi district and
his opinion was that the traditional system of employing children in family
occupations and economic necessities are the major causes of child labour
problems besides large family size and population, employer’s preference,
absence of compulsory education, illiteracy and ignorance etc.. He has
mentioned the plight of the children employed in the carpet industries of the
study area who are exploited to the maximum possible extent and in reward how
they suffer from headache, eye-burning, stomach, joint pain and chest pain etc.
At the same time he suggested various measures for research as well as for
action as this study has clearly established that the practice of child labour
is due to economic necessity.
Although
he has dealt with the child labour laws , he failed to discuss and touch all
the statutory and constitutional safeguards and the author is totally silent
about the judicial response on the problem.
Ivy George
in his work entitled “ Child Labour and Child Work” by Ashis Publishing House, New Delhi, 1990 is of
the opinion that children should not be part of the work force, but they should
be allowed to work not labour, in environments and conditions conducive to
their growth and development and thus shows a conceptual distinction between
“work” and “labour”. H suggested to re-examine the widely accepted view that
children should not be part of the work force.
Ramesh Kanbargi
in his book entitled “ Child Labour in the Indian Sub-Continent: Dimensions and
Implications” by Sage Publications, New Delhi / Newbury Park, London 1991 said
that “ child labour has the potential for exploitation that can have far
reaching consequences on the overall growth and development of the children.
Unfortunately, research in this area is scattered and inadequate. Though the
goal of governments in less developed countries is to totally eradicate child
labour, the existing socio-economic and cultural factors alongwith conceptual,
definitional and measurement problems associated with child labour, pose a
serious hindrance in achieving these goals in a reasonable time. So, till such
time the goals are achieved, there is an imperative need to understand the
problem and protect interests of the working children.
The
edited work of Kanbargi mainly aims at improving the understanding of child
labour – its incidence, correlations and implications. He observed that child
labour in rural India is not considered as exploitative, but it is a process of
socialization and the only means of acquiring the necessary skills required for
survival in the given environment. It rather develops the confidence, self-
respect and personality of the young workers.
Further,
he pointed out that in India, although several attempts have been made by the
Government for the welfare of its children, unfortunately all these efforts
seem to have had a very little impact on either achieving the universalisation
of primary education or elimination of child labour.
Dr. Sucheta Mahajan,
in her article titled “Education as Empowerment” published in “Mainstream” (
after a reputed weekly journal of India) in its August 16, 2003 issue has
assessed the works of MV Foundation in Hyderabad in 1998 as a case study for
eradication of child labour through facilities of education.
The practice of MVF is a powerful argument
against the “ poverty argument” for the existence of child labour. The MVF has
presented enough evidence to show that poor parents send their children to
school where it is possible for them to do so and without being offered any
financial inducements to do so. The income of parents is often as important as
enabling factor in their sending children to school as other factors such as
there being a school which is accessible, whether they themselves are literate
and their level of motivation. Hence MVF has stressed the improvement of the
quality of education and aiding access of parents and children to the school
system both by helping them with unfamiliar tasks such as admission and by
inculcating a sense of participation among parents by getting them to
contribute to the school fund. It is often not realized that illiterate parents
are extremely unfamiliar with the process of admission and the preparation of
various documents like birth and income certificates. It is far simpler for a
parent in a village to take a child and place him or her in employment with
some local land lord.
MVF
has strong support for the policies from eminent political scientist, Myron
Weiner. Weiner is critical of the argument that the level of individual income
and a large population are the major obstacles in the achievement of universal
primary education and abolition of child labour. In his view, the problem is
that there is little political support for compulsory education in India either
from the government or from political parties.
The
MVF perspective has two distinctive aspects, understanding of child labour and
education and strategies of mobilization.
Dr. Sucheta Mahajan
was a reader, Delhi College of Arts and Commerce, University of Delhi. In the
above article, she was assessing the work of MV Foundation in Hyderabad after
her field visits to Ranga Reddy district of Andhra Pradesh in 1998.
This
perspective questions the conventional distinction between hazardous and
exploitative labour and other kinds of child work, for instance, house work. As
far as factors are concerned to motivate children for school, MVF had conducted
a survey in 1987. The conclusion reached was that children came to school in
spite of poverty and that non-economic factors such as motivation of parents
and good teaching, were important. MVF widened tried to widen their efforts to
include all non-school going children in the fold of child labour.
Their
focus revolved on the fact that once the definition of child labour was widened
to include all non-school going children, a social norm could be built around
universal education.
But
access to school for them by definition is an issue of availability of
institutions, structures and processes that ensures children’s right to
education and to be in schools. It means that all those children who are
enrolled, go to schools as a matter of habit and without any difficulty. Access
to schools is a measurement of the preparedness of both the state and society
to send every child to school. The issue of provision of quality of education
must be based on the assumption that such an access in itself contributes
quality education and is to be regarded as an indispensable aspect of pedagogy.
Faraaz
Siddiqi and Harry Anthony Patrinos in their book titled Child Labor: Issues,
Causes And Interventions have said that Child
labor is a pervasive problem throughout the world, especially in developing
countries. Africa and Asia together account for over 90 percent of total child
employment. Child labor is especially prevalent in rural areas where the
capacity to enforce minimum age requirements for schooling and work is lacking.
Children work for a variety of reasons, the most important being poverty and
the induced pressure upon them to escape from this plight. Though children are
not well paid, they still serve as major contributors to family income in
developing countries. Schooling problems also contribute to child labor,
whether it be the inaccessibility of schools or the lack of quality education
which spurs parents to enter their children in more profitable pursuits.
Traditional factors such as rigid cultural and social roles in certain
countries further limit educational attainment and increase child labor.
Children
work for a variety of reasons. The most important is poverty. Children work to
ensure the survival of their family and themselves. Though children are not
well paid, they still serve as major contributors to family income in
developing countries.
Children
are often prompted to work by their parents. According to one study, parents
represent 62 percent of the source of induction into employment. Children make
their own decisions to work only 8 percent of the time (Syed et al. 1991). In
fact, a possible reason parents in developing countries have children is
because they can be profitable. Children seem to be much less of an economic
burden in developing versus developed countries. Children in developing
countries also contribute more time to a household than they deplete as
compared to their counterparts in developed countries (Lindert 1976).
Therefore, parents in developing countries make use of children's ability to
work. Schooling problems also contribute to child labor. Many times children
seek employment simply because there is no access to schools (distance, no
school at all). When there is access, the low quality of the education often
makes attendance a waste of time for the students. Schools in many developing
areas suffer from problems such as overcrowding, inadequate sanitation and
apathetic teachers. As a result, parents may find no use in sending their
children to school when they could be home learning a skill (for example,
agriculture) and supplementing the family income. Because parents have so much
control over their children, their perception of the value of school is a main
determinant of child attendance. Parents who are educated understand the
importance of schooling from personal experience. As a result, parental education
plays a large role in determining child schooling and employment (Tienda 1979).
School attendance by a child is also highly correlated with family income (Ilon
and Moock 1991). Therefore, when children drop out of school, it is not
necessarily because of irresponsible parenting; it may be due to the family's
financial situation. When these children leave school, they become potential
workers. A major reason India has the largest juvenile workforce is because 82
million children are not in school (Weiner 1991).
Often
parents in developing countries assign different roles to their children. This
has been called child specialization, and may increase the number of working
children (Chernichovsky 1985). This phenomenon involves certain siblings going
to school while others work. Many times this depends on the birth order where
the oldest is the one who attends school. Patrinos and Psacharopoulos (1993)
find that the number of siblings does not have much of an effect on school
enrollment, although it does have a significant effect on child labor. This
exclusive effect is not inconsistent with the idea of specialization.
Rapid
rural-to-urban migration is the cause for the increasing rate of child labor in
urban areas of developing countries. Families leave the severity of
agricultural working conditions for cities in order to search for economic
opportunities that often do not exist. In the last 40 years, this movement has
been drastic. In 1950, 17 percent of the population of the developing world
lived in urban areas. This increased to 32 percent in 1988. By the year 2000 it
is estimated that this proportion will increase to 40 percent, and to 57
percent by the year 2025 (United Nations 1989). Such increases, coupled with
worsening economic trends, force children and their families into urban
poverty; children are soon required to work (Barker and Knaul 1991).
An article adapted from Vikash Adhyan Kendra, Mumbai published in
“South Asian” in its April18, 2005 issue has analysed various factors like
poverty, starvation of children due to no work and more number of children of
poor people as analysed below-
"Poverty has many
dimensions to it. Low earnings and low level of skill earning ability, lack of
assets and access to training or education are accompanied by poor health,
malnutrition, absence of shelter and food insecurity. The characteristics
associated with poverty thus extend well beyond low incomes." (4th World
Conference on Women, Beijing, 1995, Country Paper, India, (A Draft), Government
of India 1994.
Poverty reflects
social and cultural marginalization. This is indicated by studies of many of
the industries where there is a substantial presence of child labour, like the
carpet industry, the match industry, brassware, glass, bangle and lock making,
slate, gem polishing industries and the tea plantations. These show that the
overwhelming majority of children working in these industries come from
Scheduled Castes, Scheduled Tribes, Other Backward Castes and Muslim
communities. These communities also constitute the bulk of small and marginal
peasantry, landless and agricultural labourers and artisan groups. The fact
that most of India's child labourers come from communities whose work largely
involves manual labor reveals the wider, complex social factors that contribute
to the phenomenon of child labour. These communities are the victims of a
social system characterized by unequal access to the principal productive
resources and assets. These communities often migrate to the cities to join the
burgeoning informal sector. While it is true that child labourers come from
impoverished families, it should be noted that child labour also perpetuates
poverty, since the child labourer who survives the harsh conditions becomes an
unskilled, debilitated adult who is not employed even in the industry that
exploited him or her earlier. Furthermore, child labourers receive a low,
negligible income and often no wages at all. Child labour also reduces adult
wages and keeps adults unemployed.
Starvation persists
even when families and their children are working. Starvation is the result of
a combination of factors, including price policy, low income, low purchasing
power, income disparity, unequal food distribution, poor availability of food,
lack of access to food production and unequal land ownership patterns. The
inequitable land distribution pattern is evident in the fact that "between
1961-1991, the proportion of cultivators declined while that of agricultural
labourers increased, indicating that a vast section of the population,
including tribal, are getting alienated from the land." Child labour
trends reflect this change. "There has been a shift in number from
children working on their own farm to children employed on the farms of
others."
Alienated from their
land and means of livelihood, the rural poor migrate to urban centers. Food
subsidy through the Public Distribution System (PDS) becomes inaccessible to
them because proofs of residence are required for obtaining the ration card.
The Structural Adjustment Program (SAP) and the New Economic Policies have
worsened the situation. For instance, under SAP, the PDS outlets have been
scaled down. Another example is the emphasis on exports. "A hike in cotton
yarn prices and steady export of cotton yarn resulted in abnormal prices which
had to be borne by the weavers and their co-operatives. Starvation deaths were
reported from Andhra Pradesh and Tamil Nadu as small units shut down."
When it is said that high population growth is the cause
of child labour, the focus remains on the numerical strength of families, while
their basic rights are ignored. Another example of this can be seen in the way
the poverty index measures "calorific consumption and not what people are
denied in education, health and other issues." Child labour, therefore,
cannot be attributed solely to population growth. This is confirmed by the fact
that while "the growth of the child population has declined since 1971 and
a continuation of this trend will result in a decrease of the child population
for 2001 for India as a whole, the interstate variation will continue to be
enormous."
The
Book entitled “Child labour : Eradication and Evaluation Programme” have been
co-authored by Bhupinder Jutshi, Mandira
Dutta, Sudesh Nangia and published by SIPRA Publications, Delhi. (2002) is
an empirical study-based work. This book is based on an extensive field work
with focus on children who are retrieved
from carpet industry in the Vadohi-Mirzapur belt and have been admitted into the
non-formal schools. The book in its nine chapters evaluates the programme of
non-formal education and the progress made by the children released from the
industry. The study has brought within its fold the status of the family of
child abour, health, nutrition, education , skill development and employment of
the child labour and different programmes in progress for training the child
labour in different schools.
DESCRIPTION OF PROPOSED
RESEARCH:-
The
proposed study is an evaluation of various ongoing projects on protection of
“child laborers” in the state of Orissa within the framework of national and
state policy with reference to their success and failure. To represent this,
two sample districts Cuttack (coastal) and kalahandi (tribal) have been chosen.
In 19 districts of the state, various schemes are in implementation. It will
have broader spectrum of study in the entire state.
RATIONALE OF THE
STUDY:-
The
proposed research will give emphasis on the convergence process and
contribution of various agencies ie voluntary organization, various departments
of the Govt like education, health, Home, finance, forest, industry along with labor
to put their efforts together to protect the rights of the child laborers. This
will lead to multi-pronged action on rehabilitation and educate the child
laborers.
As
the state labour Institute has made a study to detect about seven lacs child
labours engaged in different fields. It is the state’s responsibility to
educate them to protect the constitutional rights and thereby the state/nation
cam ensure their social and economic rights to build a sound society.
RESEARCH DESIGN:-
A.
Methods
of Study
i.
Purposive sampling will
be followed to conduct the research
ii.
About 100 child
labourers and their families will be purposefully chosen from the integrated
national child labour projects from each district from Kalahandi and cuttack.
iii.
State labour machinery
along with various officers of different related departments will be contacted
for their opinion with the help of structured schedules
iv.
Scientific measurement
tools will be used to study and evaluate the effectiveness of the project along
with the grant of rights to the child labours.
B.
Hypotheses:-
i.
Poverty, illiteracy and
unawareness of the parents help in pushing child labours in the states.
ii.
Rights of the child
labourers can be protected by different social and government agencies through
convergence
iii.
Success of different
child labour eradication and rehabilitation projects depends on parents
government and voluntary organizations.
TIME:
The
proposed study will be conducted within one year period under following stages:
i.
Litreture survey-2
months
ii.
Collection of secondary
and primary data in with field study-3 months
iii.
Data analysis-1 months
iv.
Report preparation
writing-2 months
v.
Final report and
submission
REFERENCES:
1- Prachi Jaiswal, Child
Labour: A Sociological Study, Delhi, 2000, p-16.
2 – Quoted in Stein, Emanuel and
Davis, Jerome (Ed.) : Labour problem in America : 1940, pp. 112-113.
3 – Giri, Dr. V.V. : Labour
Problems in Indian Industry : 1958, p-360.
4- National Policy on Child
Labour, Government of India, 1987, Part-I, Para 1.3.
5- The Child Labour (P&R) Act.1986.
6-
Encyclopedia of social sciences, Vol-II, pp 412-413. Peter Norman, Child
Labour in Developed countries, ILO working paper, IPEC working paper, January
2001, p-11. Available at- www.ilo.org/
public/English/standards/ipec/.
7- The report
of the Director General of ILO, 1983, quoted in Pravin Sinha, Attacking
poverty. Refocusing union’s initiatives on the abolition of child labour, 2001.
Available at- www.wock.de/pdf/
ka_conference_2002_sinha_attacking %20 poverty.pdf.
8- definition given by M.V.Foundation, Hyderabad.
9-
Kulashreshta, J.C. : Child Labour in India : 1978, P1
10- Rodgers,
Gary and Standing, Gay “ Economic Roles of Children in low income countries”,
International Labour Review, 120 (1), Jan-Feb, 1981.
11- The
Encyclopedia Americana, Vol.-6, 1963 P-461.
12- website of UNICEF.
13 – NSS Report No. 458, Employment and Unemployment
situation in India, 1999-2000, Para2,4, p-7
14 – Census of India 1981, Volume-22, Para-IV-A:13
and 17. This definition of economic activity is similar to that followed by ILO
which corresponds to the 13th International Conference of Labour Statisticians
(Geneva, ILO, 1982) and entails one hour of work during the reference week.
15 - such
economic activities are called as non-market activities.
16- NSS Report No. 458: Employment and Unemployment
Situation in India, 1999-2000, para 2.2, p-5.
17- The Section 87 of the Factories Act, 1948 states
that “ when the state government is of opinion that any manufacturing process
or operation carried on in a factory exposes any person employed in it to a
serious risk or bodily injury, poisoning or disease, it may make
rules….prohibiting or restricting the employment of women, adolescents or
children in the manufacturing process or operation.
18, 19- Helen R Sekar, “ Child Labour Legislation in
India- A Study in Retrospect and Prospect”, 1997, VVG NLI, Noida, p-120.
20- Campaign Against Child Labour, “ Give me back my
childhood”, Mysore, 2003, p-35.
21-
Paper presented by John, J during National Coordination Committee Meeting of
CACL at Goa, 5th June,2004.
22-
UNICEF, 1986, Exploitation of working and street children. Unpublished paper
for the session, New York, p 3-4.
23 – Recommended actions
of National Seminar on Employment of Children in India, New Delhi, National
Institute of Public Cooperation and Child Development, 1975.
24- Kulashrestha, J.C.,
Child Labour in India, p-63
25- Gulrajani,
Mohini,Child labour and the Export Sector in the Indian Carpet Industry, in the
Exploited Child, p-54
26- Gulrajani,
Mohini,Child labour and the Export Sector in the Indian Carpet Industry, in the
Exploited Child, p-63.
27- Kumar, Bimal and
Biswas, Gita, Problems of Child Labour in India, Occasional Paper No. 72,
G.B.Pant Social Science Institute, 1992, p-43.
28- ibid, p-44.
29- 25- Gulrajani,
Mohini,Child labour and the Export Sector in the Indian Carpet Industry, in the
Exploited Child, p-60
30- Barge, Sandhya et al
(2004) Child Labour : Economic Gain or Social Cost?
31- The work gets
associated with children and the age-hierarchy of jobs in a society prevents
adults from entering that occupation.
32- The Bonded Labour (
Abolition) Act, 1976.
33- In these kind of jobs,
the productivity of adult and child labour is roughly similar. Scoville, James,
G. The Segmentation in the Market of Child Labour : The Economics of Child
Labour revisited, 2002
34- Dr. Sucheta Mahajan was a reader, Delhi College
of Arts and Commerce, University of Delhi. In the above article, she was
assessing the work of MV Foundation in Hyderabad after her field visits to
Ranga Reddy district of Andhra Pradesh in 1998.
CURRICLUM
VITAE
DR. HAREKRISHNA SWAIN
Former Professor & Head, P.G. Department of Personnel
Management & Industrial Relations, Director Distance and Continuing
Education & Director College Development Council, Utkal University.
Utkal University, Vani Vihar, Bhubaneswar, (Odisha)
At Present Professor and Dean (Research) at
Bharatiya Vidya Bhavan’s Bhavan centre for Communication and Management (BCCM),
Bhubaneswar, Odisha-751001
Phone : – 0674-2530433
(O)
0674- 2535727 (O)
91-9437017840 (Mob.)
E-Mail
: hari_1950@yahooo.co.in
Permanent
Address : 136, Old Nadibandha, Infrot of
Neheru Children’s
park, At/Po- Khan Nagar,
Cuttack-753012,Odisha
Correspondence
Address : Same
as Above
PERSONAL PROFILE :
Date of Birth : 24.02.1950 (24th February
1950)
Sex : Male
Marital Status : Married
Special
Awards Conferred :
1) Awarded Life Patron (1998) for outstanding contribution to the field
of management by Forum of Revitalizing Managerial Excellence, from institute of Management
and Information Science, Bhubaneswar
2) Awarded (1995) Humanity in Action for outstanding Contribution in
research on deplorable conditions of child labour and dadon labour (inter state
migrant workmen) in the country by “Sramika Seva Sanstha, 147, Bapuji Nagar, Bhubaneswar
3) Awarded university Research Fellowship in 1973 .
4) Awarded First-class First in Honours from Utkal University in 1970.
ACADEMIC ACHIEVEMENTS :
1.
M.A (SOCIOLOGY AND LABOUR
WELFARE). 1st Class 2nd from Utkal University
2.
B.A. Honours 1st
Class 1st from Utkal
University
3.
Ph.D. from Utkal
University, 1991.
EXPERIENCE:
Ø Thirty six (39) Years :
In the field of
Research, Teaching and Administration:
In social sciences, Labour Administration and Industrial Relations and
as Conciliation Officer ;
i.
Academic administrator :
As Director of correspondence and Continuing course,
Designing the course contents of various management courses with innovative and
explorative research activities.
ii.
Worked as Director of College
Development Council (CDC , Utkal University ) to processes various research projects of scholars of the university and colleges
to the UGC and ICSSR along with other research agencies of the country and world ,
liaisoning developmental activities of
the university and affiliated colleges
of Utkal University
iii.
Worked as development Officer
Utkal University
iv.
Headed the post graduate department
and worked as active member of Academic Council.
v.
Worked as the Chairman of the Board of studies in Personnel
Management & Industrial Relations, Utkal University from time to time since 1991.
vi.
Member of different Board of studies of Social Work,
Master in Business Administration for more than one and half decade in
different Universities of the country including Utkal University.
vii.
Director(MBA), Mahaveer Group of Engineering & Technology- 1
year.
viii.
Prof. and Dean(Research) Bhavan’s Centre for Communication and
Management, Bhubaneswar
Ø Teaching Experiences : Lecturer : 1975- 76
& 1979 – 1992
Reader : 1992 – 1998
Professor :
1999 – 2010
Director, MIET : 2010-2011
Prof. & Dean, BCCM :
Continuing
Ø Administrative Experiences :
1. Asst. Labour Officer in Government of Orissa,
1977-1979.
2. Head of the Department of
Personnel Management and Industrial Relations Utkal University, 1998-2000.
3. Director, Distance &
Continuing Education, Utkal University , Bhubaneswar
4. Director, College
Development Council, Utkal
University
5. Development Officer, Utkal University
6. Director, MIET,
Bhubaneswar, 01.03.2010 – 30.05.2011
Foreign
Countries Visit :
1.
Japan :
April 2000 [ to attend the
International Congress of International Industrial Relations Association, Tokyo
2.
United
States of America
To observe course design and management education and
training in South Florida University .
RESEARCH
ACTIVITIES :
i)
1973 (18.10.73) : Joined as a University Research Scholar in the
Post Graduate Department of Sociology and Labour Welfare, Utkal University and
continued as such till 1974 when worked in the same department as Research
Assistant (17.04.74 to 26.02.75) while undertook research on the subject
“Social Security in India” under Guidance of Dr. Bidyadhar Mishra, the then HOD
of Analytical and Applied Economics and Former Vice-Chancellor Utkal
University.
ii)
1974 : Joined as Research Assistant in the Post Graduate Department
of Sociology and Labour Welfare, Utkal
University
iii)
1975 : Joined as Lecturer in the Post Graduate Department of
Sociology and Labour Welfare, Utkal
University
iv)
1979 : conducted my research
work for Ph.D. while in the Post of Lecturer in the Post Graduate Department of
Labour Welfare, Utkal
University
v)
1985 : Engaged in active research for projects on “Socio-Economic
conditions of Beedi Workers in Orissa” a departmental (Department of Labour
Welfare, Utkal University
vi)
Submitted Ph.D. thesis to the Utkal University
vii)
1987 : Engaged in Research Project on “Socio-Legal conditions of
Kenduleaf Workers” in Dhenkanal district of Orissa; Departmental research
project.
viii)
1990 : Awarded Ph.D. from the Utkal University
ix)
1990-92 : worked as the Associated Research Worker on the
“Inter-State-Migrant Workmen” A Socio-legal study in India
funded by Indian Council of Social Science Research (ICSSR) with association of
Sramik Seva Pratisthan 147, Bapuji Nagar, Bhubaneswar
x)
1993-95 : Worked as the co-research worker on the Project,
“Un-organized Labour in India : A Socio-Legal Study in the State of Orissa”,
funded by Indian council of Social Science Research (ICSSR) and submitted the
report to the ICSSR on 20th April 1995, in association with the
Sramik Seva Partisthan, Orissa, Bhubaneswar.
xi)
1995-till to-date continuing : The project “Poverty Alleviation for
Sustainable Development of Rural Orissa” – A case study in the Blocks of
Marshaghai, Paralakhemundi and Nuapada in the districts of Kendrapara,
Gajapati, and undivided Kalahandi respectively and nearing completion. This
work is going on with the association of Sramik Seva Pratisthan, 147, Bapuji
Nagar, Bhubaneswar
SPECIAL AREAS
OF INTEREST IN TEACHING AND RESEARCH :
Human Resource
Development & Labour Administration, Labour Legislations, Industrial
Relations, Child labour in vulnerable
areas and Women in organized and unorganized sector.
SOME OF THE
RESEARCH ARTICLES PUBLISHED IN DIFFERENT NATIONAL / INTERNATIONAL JOURNALS:
1.
Trends in Employment Relations : A Approach to workplace Governance;
Evidence from Global Scenario (2001) SANKALPA, A Journal of Management
Development & Application Vol. IX, No. January-June 2001, P. 114-131, Utkal University
2.
Liberalisation : Implications for Employment and Industrial
Relations in India Regional
College of Management, Bhubaneswar
3.
Changing Pattern of Industrial Relations during Twenty First Century
(2001) SAMRIDHI, Utkal
University
4.
The Unions’ Response to Globalisations & Modernisation in India PMIR
Journal Utkal
University
5.
Women Employment in Orissa : Problems & Prospects, Journal of
Utkal Vikash Parishad 2001.
6.
Globalization : Implications for Employment & State Policy
(2001), Journal of Society for Education Agricultural, Research & Children
Health Care (2001).
7.
Labor Standards & Poverty in India
8.
Reconceptualisation of Industrial Relations : Experience from World
Scenario under Market Economy (1998) SAMRIDHI :A journal of Human Resource
Management, Utkal University, 1998, Vol. 1, No. 1, P. 94-109.
9.
Trade Unions at the cross Road Under Liberalised Economy : 1997
Journal of NALCO Central Unions.
10.
Quality of Work Life in Indian Industries : A Systems Approach,
Book, and Quality of Work Life, 1998, P. 62-67.
11.
Labour Management Relations : Theory and Practice Under Indian
Constitution, (1999) Book. P. 257-275 Constitution & Constitutionalism in
India, APH Publishing Corporation, New
Delhi
12.
Gandhi and the Labour (1998) Book Eternal Gandhi, P. 193-197. APH Corporation,
New Delhi
13.
Rights of the Child & Child Labour (1998) Published in Book, Cut
tack Law House.
14.
Labour Judiciary and Adjudication Procedure in India (1989) Awards
Digest, Vol. XIV, No. 56, May-June 1989, Journal of Labour Legislation,
National Labour Institute, New Delhi, Government of India.
15.
Power of the Tribunals (1998) Awards Digest, Volume XIV, No. 7,
Journal of Labour Legislations, National Labour Institute, Government of India,
New Delhi.
16.
Reference: Opening Door to Adjudication, Special Analysis on Powers
of the government (187); Awards Digest : Vol. XIII, No.1 AUGUST 1987. National
Labour Institute, Government of India
17.
Gherao : An Instrument of Works; A Legal Interface to the Problem
(1990) Seminar Papers Department of
Labour Welfare, Utkal
University
18.
Child Labour in India (1980) : Seminar papers Journal of Labour
Welfare, Utkal University
19.
Definition of Industry : a Bewildered Definition (1989) Seminar
Papers, Department of PM 1R, Utkal
University
20.
New Horizon in Business Education (1996) : The Indian Journal of
Commerce, Vol. XLIX, Pat. IV No. 189 Dec. 1996.
21.
Indian Constitution & Labour Welfare : (1979) : Bharati-Utkal University
22.
University : Whether an Industry (1989) : Vanivikash
Utkal University ,
Bhubaneswar
23.
Socio-Economic Conditions of Agricultural Labour in Orissa (1976)
National Labour Institute Bulletin, Government of India
24.
Justice : A great Concern, Vani Vikash July, 1987.
25.
New Horizon in Industrial Relations : Indian Institute of Management
& Information Sciences, 1996.
26.
Trade Unions at the Cross
Road
27.
1998 : Reconceptualisation of Industrial Relations : Experiences
from Word Scenario under Market Economy – ‘Samridhi” Journal of Human Resource
Management Utkal University, vo.-1, No.1, 1998, P. 94 – 109.
28.
Labour Standards & Poverty in India
29.
Labour Standard New Delhi
30.
Labourlisation and Implications on Employment and Industrial
Relations in India ,
Published in Internal National Industrial Relations Association World Congress
2000 Tokyo
31.
Reengineering Human Resource Management : Journal of NIPM 2001.
32.
Globalisation, Implication for Employment and State Policy :
Published by Agriculture and Research Journal 2001.
33.
Management Beyond Boundaries : Regional
College of Management International
Conference Volume – Liberalisation : Implication for Employment and Industrial
Relations in India
34.
Women Employment & Government Policy in Orissa : Journal of
Orissa Bikash Parishad 2001.
35.
Issues and Development of Management Education in Orissa : Indian Management
Schools
36.
The Unions Response to Globalisation and Modernisation in India;
Industrial Relations Journal of University of Philippines, 2001.
37.
Application of Labour Laws in un Organised Sectors in India
38.
Exploring the Problems of Handicrafts in Orissa – Reflections :
Published in Journal International Labour / Organisation and State Labour
Institutes, 2001.
39.
Globalisation, Restructuring and Skill Development during New
Millennium: Journal of Department of Commerce, Utkal University 2002.
40.
Some Dimensions of Human Development – An Analysis of Health &
Education in Mayurbhanj Districts, Journal of ABA and Planning Commission of
India 2002-2003.
41.
Exploring new trends of Human Resource Practice and Organisational
Strategies in an Information Age : An Analysis of Global Scenario-Vol. 56, No.2
& 3, April-September 2003 Indian Journal of Commerce New Delhi.
42.
HR-IR Interface
States and Issues Postal Department of
Management and Industrial
Relations Utkal
University
43.
Changes in Human Resource Management – Indian Commerce Journal 2006
New Delhi
44.
Whether Infringement of Social Values in New Employment Relations in
IT sectors. Journal of International Industrial Relations Association 2007.
45.
Appex court on Contract labour (R&A) Act, whether can be called
Judicial Activism, 2008.
46.
Globalisation, Knowledge Economy and Changing HE Practices: A Global
Scenario. Journal of Institute of Management & Technology, Bombay.
47.
Employment Relations in Telecom Industry : Special reference to
Cuttack Telephone District “VIKALPA”-2011.
48.
Survey on Industrial Relations Practices in Mining Sector: A case
study of Orissa Mining Corporation (OMC) Journal Utkal University, 2011
49.
A Survey on Poverty Alleviation among tribal workers of Keonjhar
District “VIKALPA-2011”.
50.
A survey on Elimination of discrepancies with sex inequality in
Bhubaneswar City “ SANKALPA-2011”.
MAJOR & MINOR RESEARCH
PROJECTS :
i)
Socio-Economic conditions of Beedi Workers” in the State of Orissa :
a Research Project funded by the Post-Graduate Department of Labour Welfare, Utkal University
ii)
“The Socio-Legal Study of Kendu Leaf Workers- in the district of
Dhenkanal – A research project funded by self.
iii)
“Inter-state Migrant Workmen-A Socio-Legal Study in western States
of (1992) India , worked as
co-researcher in Sramik Seva Pratisthan, Bhubaneswar
iv)
Research project on “Unorganised Labour in India : A Socio-Legal Study in the State of Orissa
v)
“Poverty Alleviation for sustainable Development of Rural Orissa – A
case study in the Blocks of Orissa (CSSR).
vi)
Promotional and Prospective Social Security Measures for Workmen
& their Rehabilitation : A case study of working of W.C. Act, 1923 (1998).
RESEARCH GUIDANCE :
Ph.D. Awarded :
i)
Industrial Relations in the State Undertaking of Orissa: A case
study in Industrial Development Corporation of Orissa Ltd. By Sri Arun K.
Barik, Awarded 1997.
ii)
Problems of Child Labour in Indian Context : A Socio-Legal Approach
with Special Reference to State of Orissa by Sri Soumitra Kr. Chatterjee,
Lecturer in G.N.M. Law College, Bhubaneswar. Awarded 2000.
iii)
Industrialisation and its impact on mobilization of Tribal Women
Labour in Keonjhar District by Dr. Ajay Kumar Nayak awarded 2010 from Utkal
University.
iv)
Globalisation and the changing pattern of Employment Relations in
Telecom Sector in Orissa with special reference to Cuttack Telecom District by
P.K. Hota, awarded 2010, Utkal University.
v)
A study of Industrial Relations in OMC, Orissa by G.C.Nayak, awarded
2010 Utkal University.
vi)
Problems and Prospects of Child Labour in Odisha by B.B.Acharya.
vii)
15 Research Scholars are working for Ph.D. Work and Four have
submitted for award.
viii)
15 others are going with the Research Projects under Utkal
University under my Guidance.
ix)
M.Phil Guidance : 9 awarded
x)
159 Management / HR / Labour Law Post Graduate Dissertation Thesis
guided since 1977.
BOOKS PUBLISHED:
1.
Industrial Tribunals in India
2.
Socio-Economic Condition of Migrant Workmen in India
3.
Personnel Management & Industrial Relations in India, Text Book
published by Text Book Bureau, Govt. of Orissa
4.
Labour Laws and Industrial Relations in India, (Sambalpur
University)
5.
Labour Legislation & Labour Administration in India.
6.
Labour Legislation in practice with Supreme Court cases.
7.
Books under preparation :
(i)
Labour Legislation & Social Security in India.
(ii)
Labour Administration & Industrial Relations in India.
MEMBER OF NATIONAL
/INTERNATIONAL PROFESSIONAL BODIES :
1.
Life member of the Indian Association of Labour Economic.
2.
Life member of the Indian Association of Industrial Relations.
3.
Life member of the Indian Association of Commerce.
4.
Life member of the Sramik Seva Sanstha.
5.
Life member of the Sanatan Seva Sanstha.
6.
Life member of the Indian Family Planning Association.
7.
Life member & president of Indian Education Congress.
8.
Life member of the Orissa
Vikash Parishad.
9.
Member of the Indian Management Association.
10.
Member of the National Institute of Personnel Management.
11.
Member of the International
Industrial Relations Association.
12.
Patron, Institute of Management
and Information Sciences, Jagruti
Vihar, Bhubaneswar.
PAPERS PRESENTED :
One hundred fifty nine (159) papers have
been presented in various National and International Seminars and Workshops
conducted on different areas relating to Industrial Relations, Human Resource
Development, Workplace Governance, Problems of Child, Women in Un-organised
Sectors, Un-organised Labour, Workers
Participation in Management, Industrial Relations and Labour Laws and
E-Governance , etc…
I do hereby
undertake that the facts and information submitted in Curriculum Vitae are
correct to my knowledge and belief.
Date :
Place :
Bhubaneswar Signature
(H.K.SWAIN)
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