Towards a Child Labour Free India

STANDARD OPERATING PROCEDURE FOR THE ENFORCEMENT OF CHILD AND ADOLESCENT LABOUR (PROHIBITION AND REGULATION) ACT, 1986

Bachpan Bachao Andolan (BBA) is a grassroots movement against child labour, forced labour and all forms of exploitation of children initiated by Nobel Peace Laureate Kailash Satyarthi in 1980. Over four decades the movement has been an important voice in child protection and right of children to education in India and around the world.

> 15 crore child labourers in the world – Global Estimates, ILO (2012- 2016)

> 7 crore children in the world in hazardous labour – Global Estimates, ILO (2012- 2016)

>43 lakh child main workers in India - Census, 2011

> 1 crore working children in India - Census, 2011

> 3 crore children in India have never attended school - Census, 2011

THE PROBLEM

Victim of child labour rescued from Delhi in 2017. His fingers were smashed with a hammer by his employer for unsatisfactory work.

MILESTONES ACHIEVED TOWARDS A CHILD LABOUR FREE INDIA

International Commitments: • Ratifying ILO

C182- against worst forms of child labour & C138 – minimum age

• SDG Target 8.7- towards complete elimination of child labour by 2025

Institutional mechanisms: • District Nodal

Officer in charge of child labour

• District Task Force in every district for convergence

• Child and Adolescent Labour Rehabilitation Fund

• PENCIL portal

The need of the hour is effective implementation of the law Standard Operating Procedure for the Enforcement of Child And Adolescent Labour (Prohibition And Regulation) Act, 1986 aims to accomplish this task

Amendments to Central Act: • Prohibition of

all forms of child labour and adolescent labour in hazardous work

• Increased punishments for violation of Act

• Rehabilitation mechanisms

Intended Users: Objectives:

WHY DO WE NEED STANDARD OPERATING PROCEDURE FOR THE ENFORCEMENT OF THE C&ALPR ACT, 1986?

Prevention of child labour and adolescent labour in hazardous work

Procedure for Identification, rescue and rehabilitation

Regulation of children working in entertainment industry

Strengthen investigation and prosecution in all cases

Coordinated and convergent action with definition of roles and responsibilities

Monitoring and accountability

VISION: Complete elimination of child labour in all work and adolescent labour in hazardous work, and regulation of

adolescent labour

Law Enforcement Officers

Parents/ Guardians of Child or Adolescent Labourers/ Child Artists or organisers of entertainment programmes with children

Social Workers/ Community Members/ Outreach workers

Employers/ Employer’s Associations/ Trade Unionists

Labour Inspectors/ District Nodal Officers

District Administration

INTRODUCING THE SoP

Legal Framework

What is child labour? What are the exceptions and how can they be identified? What is adolescent labour in hazardous work? What regulations apply to employed adolescents?

Prevention

Creation of Awareness Capacity of Institutions Convergent Action Knowledge Management Key Areas of Intervention

Process followed for protection

Identification and reporting Pre- Rescue Rescue Post Rescue Rehabilitation

Monitoring Mechanism

By Ministry of Labour and Employment through PENCIL By monitoring agencies at district, state and national level

Roles and Responsibilities

Detailed roles and responsibility of all stakeholders including Specific responsibility at each stage Timelines for their roles at each stage etc

Flow Chart

One stop check for the process to be followed in case of child labour or adolescent labour in hazardous processes

UNDERSTANDING THE OFFENCE: LEGAL FRAMEWORK

Adolescent Labour (pg 6-8) Child Labour (pg 3 – 6)

What is Child Labour?

What are the exceptions?

- Two situations which maybe seen as exceptions

- Detailed description of the situations

- Conditions to be adhered to in both cases of exception; including ‘help’ prohibited in processes in Part A & B of the Schedule

- Additional permission required in case of child artist

REMEMBER: NOT complying with any one or more of the conditions listed, implies that the child is employed in violation C&ALPR Act, 1986 and due action in the same situation maybe taken

What is adolescent labour in hazardous work?

How can we determine if an adolescent is employed in hazardous labour ?

- Regulation of age (pg 8, further detailed in sec 6.2 pg 20- 21)

- Functions of Part A of the Schedule

What are the regulations applicable for employing an adolescent?

- Hours of work

- Weekly Holiday

- Information to be given to the Inspector

- Registered to be maintained

- Health and safety norms

PREVENTION

Creation of Awareness: • Mass awareness

campaigns

• Displaying salient features of the C&ALPR Act

• Empowering key members at the local community level to act as whistle blowers and report

• Training in schools, colleges, instituted for stakeholders like police, judiciary

Building Capacity of Institutions: • Appointing District

Nodal Officers in all districts

• Formation of DTF and creation of action plan for prevention in every district

• Tracking of complaints through PENCIL

Coordination & Convergence: • National level with

MoWCD

• DoSE&L enrolment and retention of children

• Child Protection Agencies at the district and village level and smooth communication flow

• With Social Justice Dept and Skill Development prog for rehabilitation

Knowledge Management: • Collation of surveys on

child labour, bonded labour etc.

• Consistent flow of info to PENCIL from various agencies

• Analysing info on the database to inform programs

• Information from survivors to be collated and used for further prevention

Key areas for awareness generation: Railways/ Bus routes

Tolls plazas

Ports/ Airport

Public places – shopping centers, cinema, hotels etc

Local Admin offices

Educational institutions

• Details of victims • Details of place of exploitation • Details of person reporting Even if the complaint does not contain all components the reporting agency to conduct investigation and verification and FAR to be filed within 48 hours

PENCIL, Police station, DTF, Labour Dept/ Labour Insp, Child Line, DNO

• Survey • Investigation • Institutional Complaint • Complaint from other sources

Components of a Complaint

Where to report?

How to Identify a victim?

IDENTIFICATION AND REPORTING

Any person, or member of civil society, institution or organisation

Who can report?

Sections of C&ALPR Act and other offences under various laws are listed

How to register complaint?

PRE- RESCUE

Preparation for Rescue

Constitution of Rescue Teams

Logistical preparation

Preparation for investigation and prosecution

Preparation for immediate aid and protection of victim

Remember: • Assess vulnerability of situation in every complaint; if there

is a risk to life or liberty rescue should be done immediately • DTF may have a schedule for a stand- by team for a month

GD Entry at the police station, confidentiality, etc.

No child to be left behind

The situation to be explained to the child in a child- friendly manner

Collect evidence, site map, disclosure memo etc

Anonimity of the child to be maintained at all costs

Seal premises of exploitation; collect evidence if any that indicates organised crime

STEPS IN RESCUE In case of dispute between labour inspector and employer:

- DoB from school, matriculation or Aadhaar

- DoB from municipal authority or corporation

- If above is not available, latest medical test on Court order

Remember: Police may decide to remove the child as under JJ Act, 2016 and wait for the CWC to decide on conflict of age

AGE VERIFICATION Separate victim from accused

Provide necessities such as clothing, food, toilet facilities

Medical Aid

Explain situation in a child friendly manner. Use translator if necessary. Provide legal counselling

Facilities for accommodation for victim to be made available in a CCI

Make a list of services to be made available

IMMEDIATE AID

RESCUE

Investigation to be completed and charge –sheet to be filed in all cases as soon as possible Conduct Medical Examination of accused The charge –sheet to include all appropriate sections of law. Prosecutor to be briefed thoroughly and bail to be monitored. DNO to follow- up and update the status report of the case on the PENCIL portal Seal and attach proceeds of crime wherever possible Ensure Speedy Trial

STRENGTHENING PROSECUTION PROTECTION OF VICTIM

POST - RESCUE

Register FIR; Check for offence of trafficking instance of sexual or physical abuse etc.

Produce victim before the CWC within 24 hours

Ensure counseling of the victim- assessment of psychological trauma & information for prosecution

Ensure legal aid

Record statement of the victim under CrPC 164 within 14 days

Ensure victim- witness protection and deposition

Ensure confidentiality of victim

REHABILITATION

- CWC to conduct home verification

- Repatriation or Institutional care to be provided

- Rehabilitation card to monitor the individual care plan of all victims

- SSA or NCLP schools to provide education to children below 14 years

- PENCIL to monitor educational rehabilitation through index card of each child

- Adolescents to be linked to skill development and details of the same to be uploaded on PENCIL

- Back-wages to be provided to all victims

- Compensation under various schemes to be made available

- Fine and compensation as per the C&ALPR Act and rules also to be made available

SOCIAL | EDUCATIONAL | ECONOMIC

Monitoring by other Agencies Monitoring by MoLE

MONITORING AND ACCOUNTABILITY

PENCIL portal to be used to facilitate monitoring at multiple levels

District Level: DNO to update the status of the case through reports as per the given time Index card for each child to be created DTF meetings to be regularly conducted and monitored State Level: Monitor finances of NCLP and action for rescue and prosecution Monitor rehabilitation fund National Level: Monitor prevention, rescue and rehabilitation Monitor new forms of hazardous labour Track quality of bridge education

Monitoring mechanisms formed at the district, state and central level to monitor child labour and adolescent labour in hazardous employment.

National Human Rights Commission to monitor child labour and adolescent labour along with bonded labour and trafficking

National Commission for Protection of Child Rights, State Commission and District Child Protection Units to monitor all children in need of care and protection

National Legal Services Authority, and its state and district counter parts to monitor of coordination among agencies and convergent implementation of various laws and schemes.

ANNEXURES

Roles and Responsibility - Specific responsibility of important stakeholders at

each stage of intervention elaborated - Timelines wherever applicable provided

Flow Chart - Ready reckoner for flow of complaint on

the PENCIL portal - Timelines and monitoring authorities at

each stage specified

THANK YOU