Introduction:

Children are the future citizens of a country - valuable assets. It is the duty of individual in a society to see that the dreams and rights of a child are fulfilled. As per the latest ILO report, "Child Labour figures to an astounding 256 million, out of which Asia accounts for 153 million working children. In India, as per 1991 census, 14.37 million are working children (official sources). In Tamil Nadu, more than 25,000 Child Labour in Vellore, Virudhunagar, Tirunelveli, Tuticorin, Dharmapuri, Namakkal, Salem, Erode, Trichy, Kancheepuram, Dindigul and Chennai District alone [Tamil Nadu Sarva Siksha Abhyan Report, 2004].

Definition of Child Labour:

Child Labour has been defined as:

The term "Child Labour" is often defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development. It refers to work that:

- is mentally, physically, socially or morally dangerous and harmful to children; and
interferes with their schooling:
- by depriving them of the opportunity to attend school;
- by obliging them to leave school prematurely; or
- by requiring them to attempt to combine school attendance with excessively long and heavy work. [Adapted from: Inter-parliamentary Union/ International Labour Office, 2002]

(a) "Any work by children that interfere with their physical development, their opportunities for a desirable minimum of education or their needed recreation". - Homer folks [Chairman of the United States National Labour Committee]

(b) Child Labour has been distinguished in two senses: "First, as an economic practice and second as a social evil. The first, signifies the employment of children in gainful occupation with a view to adding income of the family, and the second aspect takes into account the dangers to which the children are exposed which means the denial of opportunities to development." - dr. v.v. giri [former president of india]

(c) " Child Labour includes children primarily leading adult lives, working long hours for low wages under conditions damaging to their health and to their physical and mental development, sometimes separated from their families frequently deprived of meaningful educational and training opportunities that could open up for them a better fortune". - International Labour Organisation (ILO)

(d) "Any work done by children in order to economically benefit their family or themselves directly or indirectly, at the cost of their physical, mental or social development". - mr. tahir hussain (1991)

(e) "Child labour means the employment of children (5 to 14 years of age) in gainful occupations, which are injurious to their physical, mental, moral and social development". - mr. m.s. subramaniam. (1991)

(f) "No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any hazardous employment". - ARTICLE 24 OF CONSTITUTION OF INDIA.

(g) "Child labour as a person who has not completed his 14th year of age". - Child Labour (prohibition and regulation) Act, 1986.

(h) "Working child is a child falling within the 5 to 15 age bracket and who is at remunerative work, may be paid or unpaid and busy at any hour on the day within or outside the family". - OPERATION RESEARCH GROUP, INDIA.

History of Child Labour:

The prevalence of Child Labour has been found more or less in all periods of time, varied in its nature and dimensions, depending on the existing socio- economic structure of the society. In the past, Child Labour has been part of the social organisation in which all members pooled their labour to produce for the subsistence and survival.

Child labour, in the feudal society was seen differently. To some extent parent's obligation were very often involved in the working for the land lord on such low wages that it created conditions for the child to work on the farms for wages and often remained as bonded labour in the landlord's house along with their parents to repay or to minimize the debts.

In pre - capitalist society, the work place of the child was often confined to the family enviornment, relationships were very informal and the child was not exposed to hazardous enviornment. Work was considered as the central aspect of their socialisation and training.

With the advent of capitalism and industrialisation in several European countries particularly England where industrial revolution took place during 18th century and Child Labour designated as a social problem.

This uneven development of industrialisation gave a new turn to the history of mankind and brought a change in the overall socio- economic order, family based economy continued to be destroyed and large number of people became wage earning labourers, and as a result, the children were in a situation where they had to earn wages for themselves as well as their families. The working hours were from morning to night, but the earning remained very low.

The absence of any sponsored scheme of family allowance to enable poor parents to secure their children an adequate and balanced diet. Besides, there was no compulsion on their part to get education up to a certain age limit and thus the children were let free to accept certain occupations at tender age.

Thus, the history of Child Labour can be traced even in ancient India. In those days, trade with children of down- trodders did exist. Kautaliya in his "Arthasasthra" pointed out that the trade of children as slaves was not prohibited in mlechchas as they were backward and uncivilised. However, this problem has been aggravated in recent years because their number has increased considerably and their economic position is miserable.

The world's population of working children is yet to be counted accurately. With the help of new survey methods, the findings reveal a tragedy of far greater magnitude than earlier. Some 61% of this total or nearly 153 million are found in Asia; 32% or 80 million are in Africa; 07% or 17.5 million live in Latin America. In total, there are 250 million Child Labour according to the latest ILO report. Out of 250 million, about 120 million are working full time & 130 million work part time. According to ILO report, 125 million children toil in hazardous employment. India has over 100 million such children.

According to 1991 census, number of working children in India is 11.28 million. Andhra Pradesh is the state having the highest Child Labour population with 1.66 million working children. Followed by more than 1 million in Maharasthra, Madhya Pradesh and Uttar Pradesh.

India heads the list of Asian countries having Child Labour ranging between 73 million and 115 million. According to one estimate more than 100million children live abandoned by their families on the street. 38 million of such children are found in Asia. India contributes to one third of Asia's Child Labour and fourth of the world's working children.

In India, the children are working in 3600 authorised and 30,000 unauthorised slaughter houses in cities and towns. The traditional agriculture sector employed 76% of Child Labour in 1981. The shares of manufacturing sector increased by 3.1% of total Child Labour in 1971 to 5.7% in 1991. In 1991, the number of fulltime waged based excluding children working on their own family farms in agriculture was 5.4 million.

As per the data furnished, the Child Labour estimates are 10.74 million in 1971 and it is estimated that it would go up by 140 million in 1996.

UN Convention on the Rights of the Child:

This was adopted by the General Assembly of the United Nations on 20th November 1989 [India become a part in 1992]. This convention contains 54 articles dealing with the rights of the child. Some of the rights related to the working children are as follows:

Article 7 : state parties shall ensure that every child is registered immediately after birth and the child shall have the right to have a name, acquired nationality, the right to know and cared by the parents.
Article 28: state parties shall ensure that primary education is made compulsory for all children.
Article 32: (i) the state parties shall recognise the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education or to be harmful to the child's health or physical, mental, spiritual, moral or social development.
(ii) The state parties shall take legislative, administrative, social and educational measures to ensure the implementation of the article. State parties shall in particular -
(a) Provide for a minimum age or minimum ages for admission to employment.
(b) Provide for appropriate regulations of the hours of work and conditions of employment
(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.

Provisions relating to Child Labour in Indian Constitutional:

The framers of the Indian Constitution consciously incorporated relevant provisions in the constitution to secure compulsory elementary education as well as labour protection for children. Following are the provisions in the constitution:

(a) Article 24 states, "no child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment". The Constitution of India in its directive principles of state policy states-

(b) Article 29 (e), "the health and strength of workers, men and Women, and the tender age of children are not abused and that Citizens are not forced by economic necessity to enter avocations unsuited to their age or strength" and
(c) Article 39 (f), "children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against moral and material abandonment".

(d) Article 45, "the state shall endeavour to provide, within a period of 10 years from the commencement of the constitution, free and compulsory education for all children until they complete the age of 14 years".

Provisions as per Child Labour (regulation and prohibition) Act - 1986

In order to prevent and prohibit employment of children in work, the government of India has passed the Act in the year 1986. Following are the important provisions -

section 3: children can be employed in which none of the hazardous occupations or processes are carried on and regulates the conditions of work for children in other jobs of non-hazardous nature.

section 7: children shall not be required to work at a stretch for a period not exceeding 6 hours per day with the rest of 1 hour after 3 hours of work. Child Labour shall never be permitted or required to work between 7 pm at night and 8 am in the morning. No double employment or overtime shall be permitted or allowed to a child.

section 8: a holiday of one whole day shall be allowed to Child Labour in a week.

Penalties :If a child is employed, the employer shall be punished with an imprisonment of not less than 3 months but exceeds to one year or with fine of not less than Rs.10,000 /- or extends to Rs. 20,000 /- or with both.

Defects of the act :

This act -

? does not include employment of children in industries like lock industry, balloon industry, pottery industry and several others in the list of prohibited occupations and processes even though, children are forced in these industries with dangerous chemicals and machines. Agricultural sectors are also excluded.
? does not specify the minimum age of employment of children:
? Enforcement of labour laws in unorganised sector seems to be difficult because the units are unregistered;
? Existence of practical problems - When the inspector visits the units the children are present physically in one or two units but they are made to disappear or hidden away in other units by learning the inspector's visit.
? The children are allowed to work in a factory, if the process is carried out by the occupier with the aid of his family or to any school establishment or receiving assistance or recognition from the government.
? No documentary evidence available to say that the child works in a particular establishment because of two reasons said by the owner
(1) In case of a small unit it is said that the child workers are children of the family;
(2) In case of large units employer claims that the children are present only for the purpose of meeting the parents or bringing their lunch.
? Non-availability of birth certificates for the children in rural areas. If the certificate is not available a medical certificate of the child's age is to be kept by the employer.

Types of Child Labour:

The following are the types of Child Labour:

? Child Labour in mining: Child Labours are mostly used in small scale mines in many countries. Child miners work long hours without adequate protective equipments, clothing or training. There are also exposed to high humidity levels and extreme temperatures. Mining hazards include exposure to harmful dusts, gases and fumes that cause respiratory problems. Child miners also suffer physical strain, fatique, musculo- skeletal disorder as well as serious injuries from falling objects. Child Labourers in gold mines are endangered by mercury poisoning.

? Child Labour in ceramics and glass factory work: Child Labours in these industries are common in Asia but also found in other regions. children carry molten loads of glass dragged from tank furnaces at a temperature of 1500 -1800 o c they work for long hours in rooms with poor lighting and little or no ventilation. The noise level from glass pressing can be as high as 100 decibels or more causing hearing impairment.
The main hazards in this industry are exposure to high temperatures leading to heat stress, burns, and injuries from broken glass and fly glass particles leading to eye injuries and eye strains from poor lighting and exposure to silica, dust, lead and toxic fumes of carbon monoxide and sulphur dioxide.
? Child Labour in matches and fire work industry: Child Labours in these factories do have a risk of fire and explosion at all times. Production of matches normally takes place in small cottage industries or in small village factories. Children as young as3 years of age are reported to work in match factories in unventilated rooms where they are exposed to dust, fume, vapours and air borne concentrations of hazardous substances - asbestos, potassium, chlorate, antimonytrisulphide, amorphous red phosphorus mixed with sand or powdered glass.

? Child Labour in deep sea fishing: In many Asian countries especially in Myanmar, Indonesia, Philippines and Thailand, children are involved in deep sea diving without the use of protecting equipment. Children are used to bang on coral reefs to scare the fish into the nets. Each fishing ship employs 300 boys between 10 and 15 years of age recruited from poor neighbourhood. Children are often in water up to 12 hours. Dozens of children are killed or injured each year from drowning or from decompression illness or other fatal accidents from exposure to increased atmospheric pressure. Predatory fish such as sharks, needle fish and poisonous sea snakes also attack the children.

? Child Labour in domestic work: Child domestic service is a wide spread practice in many developing countries with employers in cities often recruiting children from villages through family friends and other such contacts. Violence and sexual abuse are among the most serious and frightening hazards facing children at work, especially in domestic service. Such abuse leads to permanent psychological and emotional damages.

? Child Labour in construction work: Children undertaking heavy work, carrying massive loads and maintaining awkward body positions for a long time can develop deformation of the spinal cord. Sometimes, the pelvis can also be deformed because of excessive stress being placed on the bones before the epiphysis has fused. Children working in construction and other fields are exposed to other toxic and carcinogenic substances including asbestos.

? Child Labour in carpet industry: The carpet industry is one of the most notorious units for employing Child Labour. According to reports by the NGO's, children constitute 80 % of the total work force of carpet factory or industry. The children, in this industry, work for more than 14 hours a day and children become prone to occupational diseases like broncho - pneumonia, lung cancer, poor vision, tuberculosis and work infestations. Children in this industry are paid Rs. 5 /- to rs 20 /- per day.

Education status of Child Labour :

On going to the various past studies, it could be understood that the practice of Child Labour can be related to socio - economic compulsion of the parents and guardians who opt their children to be employed as Child Labour rather than sending them to schools. Educational levels are low and illiteracy persists predominantly in Child Labour. This could be understood on going through the table given below:

It can be said that the level of education is certainly higher in urban areas as compared to rural areas. Similarly, the educational level of male children is higher as compared to rural areas. From here, two inferences can be drawn:

Firstly, Indian psychology has not changed much to break the barriers in order to get the fruits of education. Secondly, the relatively higher educational levels in case of male children may be largely due to higher preferences accorded to educate male children in our society. The relatively lower educational levels in case of female children may be attributable to the social taboo that exists in the minds of the parents and guardians of Child Labour.

Causes of Child Labour:

The points that are enumerated below can be said as the causes of Child Labour:

? Easy availability of Child Labour without many obligations for employers;
? Poverty is the single important reason of Child Labour;
? Many employers prefer to engage children because they are cheap.
? Moreover, children tend to be less troublesome, more disciplined and highly adaptable.
? School drop outs
? Loss of an earning member of the family
? Absence of any state sponsored scheme of family allowance in india.
? Non existence of any general scheme of compulsory education up to a minimum age;
? Slow advance of protective labour legislation.
? The evasion of the existing laws for the protection of children;
? Introduction of the factory system;
? Death of mother
? Death of parents
? Ill habituated father spending money on drinking, gambling, etc
? Illegitimacy of the child
? Social structure of the society becomes responsible for the Child Labour. The caste system that prevails in India where the members of the low castes and downtrodden communities are supposed to be for the service of upper castes.
? Ignorance of the parents.

Elimination of Child Labour :

Action taken by Labour Ministry:

In 1979, the ministry of labour appointed a 16 member committee to investigate the causes leading to Child Labour and examine the problems arising out of the employment of children. this committee formulated a questionnaire to elicit information on various issues connected with Child Labour from the public, MP's and state legislatures, representatives of trade unions, employers organisation, prominent social workers, teachers, educational experts etc. the committee observed that -

(i) The existing legal frame work for employment of children is dispersed and patchy. One of the prime reasons for a missing purpose in efforts to regulate the employment of children is:
(a) The variation of a specification for the employment of children in various acts. The committee recommended the minimum age for entry to any employment should be 15years.
(b) Notice variations in the adoption of some acts by different state governments. To avoid any ambiguity, it called for consolidation of existing laws relating to prohibition and regulation of employment of children into a single comprehensive one.
(c) For implementation of various laws, it called for greater involvement of the society at large and voluntary organisations and trade unions in particular.
(d) Recommended the constitution of advisory board both at the center and state levels.
(e) Supportive measures such as the removal of poverty and unemployment, ensuring minimum wages, medical and health support, providing supplementary nutrition to working children, housing facilities, recreation and cultural activities and protection from health hazards.

Elimination of Child Labour has been attempted by NGO's and government. The government has formulated the National Policy on Child Labour in 1987 which envisages general developmental programs for the benefit of Child Labour. India has setup National Authority on Elimination of Child Labour (NAECL) to abolish Child Labour in hazardous industries. The International Labour Organisation (ILO) sponsored International Program for Elimination of Child Labour (IPEC) has given grants to implement projects to eliminate Child Labour.

In spite of all steps, the plight of children remains the same. Therefore, certain measures have to be taken to remove children from labour force. Such measures shall be of two types:

1. Immediate and interim measures and
2. Long term measures

Immediate and interim measures :
The immediate and interim measures could be:

a. prohibition or banning Child Labour through strict enforcement of Child Labour (regulation and prohibition) Act, 1986;
b. ratification of ILO convention and un rights of children
c. withdrawing or stopping all subsidies to industries employing children.
d. opening residential schools for children withdrawn from jobs to give them education and training in vocations of their choice;
e. providing the families of such children with substitute sources of income;
f. compulsory schooling for children in non hazardous jobs;
g. continuous monitoring of the enforcement of law and implementation of projects seeking to provide substitute income for the families.

Long term measures:
The long term measures for the eradication of Child Labour could be:

a. creation of employment opportunities for adult unemployed;
b. introduction of compulsory primary education up to the age of 14 years as per the article 45 of the constitution of India;
c. extensive and intensive rural and urban community development programs that create gainful employment for adults;
d. entrepreneurial development through financial assistance and training to the poor and those willing to set up their own enterprises;
e. opening up of free vocational and industrial training institutes for poor children after their complete compulsory primary education;

National Policy:

The government announced a three prolonged national policy on Child Labour in august 1987. The action plan of the policy has been set up in the following ways:

(i) legislative action plan
(II) general development programs and
(III) project based plan

Legislative Action Plan:

Under this plan, the Child Labour technical advisory committee has been set up to advice the central government as per the provisions of Child Labour (prohibition and regulation) Act, 1986. This act is to be enforced to ensure that children are not employed in hazardous employment and to regulate their work in non hazardous employment.

General development programs:

In order to have an impact on Child Labour, it was decided to focus on general development programs for the benefit of child workers in areas such as education, health, nutrition and coverage by anti - poverty programs. The national education policy aims at universalising primary education by the year 2000 through an expansion of formal and non formal education system.

Non formal education centers for Child Labourers are to be set up with the involvement of voluntary agencies and panchayati raj institutions. Part time and vocational courses will also be imparted at these centers. Such centers for working children would aim to educate children up to class v level with arrangements for continuance of non formal education up to class viii level.

Incentives and assistance will be given to Child Labour belonging to disadvantage classes like SC / ST families. Efforts will also be made to link the non formal education with open school system in order to enable working children to continue their education.

State governments will be recommended to undertake intensive medical inspection of children in those areas where Child Labour is prevalent. This health programs can be extended to Child Labours.

Project based plan:

Under project based plan, specific sectors of employment, where the incidence of Child Labour is high have been identified. Few of them are the following :

(i) match industry in Sivakasi, Tamilnadu
(II) diamond polishing industry in surat, Gujarat
(III) glass industry in Ferozabad, Uttar Pradesh
(IV) lock industry in Aligarh, Uttar Pradesh
(V) hand made carpet industry in Jammu and Kashmir
(VI) slate industry in Markapur, Andhra Pradesh

About National Child Labour Project (NCLP) :

National Child Labour Project (NCLP) aims to reduce the incidence of Child Labour in project area, thereby encouraging the elimination of Child Labour progressively. In each of the project areas, the strategy is to evolve a package comprising the following elements:-

? stepping up the enforcement of Child Labour Act, 1986 and factories act, 1948.
? Coverage of families of Child Labour under the Income Generation Program (IGP).
? Where there is concentration of SC/ST families with Child Labour, a concentration of special component and tribal sub-plans by the state government in each project area.
? Formal and non formal education of Child Labour and adult education of the parents of working children.
? coordinating the activities of different departments/ ministries of the central and state governments to benefit Child Labour.
? setting up of special schools for child workers together with the provisions of vocational education or training in such special schools, health care for all children attending the special schools.

Role of International Labour Organisation :

Two ILO projects namely International Program on Elimination of Child Labour (IPEC) [1992] and Child Labour Action and Support Program (CLASP) are being currently implemented under the technical cooperation program of the ILO.

About International Program for Elimination of Child Labour (IPEC) :

A Memorandum Of Understanding (MOU) on IPEC was signed in the second quarter of 1992 by the ILO and the government of India, reaffirming that national efforts in the country would be aimed at eventual elimination of child labour and this objective could be attained only through vigorous action by state governments, involvement of NGO's and trade unions.

The direct target groups are -

(i) bonded child labourers
(II) children employed in formal and non formal manufacturing sectors
(III) children working in agricultural sector
(IV) children working in commercial trade and service industries

The highlights of IPEC programs in India are -

(i) release and rehabilitation of bonded child labourers and children working in hazardous and abusive circumstances
(II) raising public awareness against child labour
(III) Assisting in policy making at the national and state levels.
(IV) training ngos on the design, management and evaluation of child labour projects
(V) training of labour and factory inspectors on enforcement of child labour laws
(VI) sensitising employers and their organisations against child labour
(VII) enrolling working children in regular schools after weaning them away from the work place
(VIII) activating nonfunctional government schools in areas where working children are concentrated
(IX) sensitising trade unions, their leaders and their work members on child labour and
(X) eliminating child labour in selected areas and work spots

About Child Labour Action and Support Program (CLASP):

CLASP, the other ILO program originated in response to the initiatives taken by the Indian government in the mid 1980s to deal with the problem of child labour (prohibition and regulation) act, 1986, and the adoption of NCLP in 1987, there was an increased demand on the part of government to provide technical expertise and leadership in the matter. The ILO felt that it could play an important role in strengthening the technical expertise and the capacity of the government in tackling the problem of child labour. The program is aided by the government of Germany.

The CLASP's aim is to enhance the central government's policy, planning and implementation capacity to increase its capability to provide support for ongoing and future projects and sustain a community - wide movement on behalf of working children; and facilitate a more efficient use of government resources. Assistance taken under the program is used for the purpose of supporting ongoing activities under the NCLP.

Important activities undertaken under clasp are the following -

(i) Conduct of baseline surveys in NCLP areas;
(ii) Establishment of databank on child labour
(iii) Conduct of project design workshops
(iv) Preparation of project documents for new NCLP's
(v) Preparation of guidelines for NCLP managers
(vi) Preparation of guidelines for labour inspectors
(VII) Training of teachers, state government officials
(viii) Organising study tours for child labour elimination functionaries to NCLP areas
(ix) Conduct of seminars for officials and NGO's
(x) Preparation of model education curricula for special schools under NCLP
(xi) Production of appropriate materials and
(xii) Undertaking study of the utility of vocational training amongst children.

When CLASP was conceived as a project it was not foreseen that another ILO project, IPEC would come into operation. As a result there are several activities of project that overlap.

Role of UNICEF:

United Nations International Children's Emergency Fund (UNICEF) has also been assisting the Indian government to deal with the problem of child labour. UNICEF acknowledges the need to seriously address child labour as a key component of its policy to advocate implementation of the UN convention on the right of the children. The initial focus shall be on the elimination of child labour in hazardous industries, in prostitution and elimination of bonded child labour, as working children.

UNICEF assists central and state governments to develop an implement programs and action plans for the release and rehabilitation of children from labour in various industries and occupations. In addition to supporting government programs in child labour, UNICEF also seeks to develop and strengthen alliances with NGO'S, industry, external agencies, trade unions, media and academics to promote the elimination of child labour. It focuses on programs to rehabilitate children released from labour into the educational system and to improve the livelihoods of their families through support from anti - poverty programs.

UNICEF recognises that reliable data is required to assist advocacy and monitoring the context of child labour. UNICEF has provided financial assistance under a master plan of operation for child labour programs. UNICEF supports the child labour cell established at the national labour institute for monitoring and research activities.

Child labour could be eliminated by implementation of "SCOOP" program.

About "SCOOP" program:

The very basic character of the "SCOOP" program is involvement of local people and the role of NGO'S. However, the activities to be controlled by NGO'S and government officials may be clearly demo crated in a coordinated manner so as to achieve the objectives within a time frame. If, deemed appropriate, NGO'S may be allowed to adopt the specified areas in collaboration with government functionaries.

The time target may be a period of 5 years from its date of initiation in any area.

Components of "SCOOP" program :

The components of "SCOOP" program are:

s - Sensitisation of the parents and society
c - Cooperation of local people
o - Organisation of adult literacy programs
o - Opportunities (alternative) to the children.
p - Placement of adults in the jobs (vacated by children)

The brief discussion of each component is as under:

Sensitization: In order to generate push force to eliminate child labour within the specified time period it is important to sensitise the parents and society about the ill effects of child labour. It is extremely important to sensitise the mothers of children to withdraw their children from the labour force for their bright future.

Role of media and especially television is very important in sensitising people. There should be special programs in local language with the greater involvement of local people.

Awareness could also be generated through local language songs composed to denigrate the ills of child labour, pledged by parents, slogans, etc. Street shows can also be conducted. Role of print media is also important but this could be selective.

Co operation: Co - operation of local persons will be the core of the "SCOOP" program. This cooperation could be built up at two levels.
The first level of cooperation would be generated for all groups in the society to support the program.

The second level is, over the period of time, this cooperation would be given a formal structure to sustain the anti labour movement once government or NGO'S support is withdrawn from the area.

Organisation of adult literacy programs:

Illiteracy among parents is one major cause of sending their children to work place instead of school. Illiterate parents succumb to the trap of money lenders and in turn send their children as bonded labour in lieu of the small amount of money taken.

Hence, under the "SCOOP" program, the problem of adult illiteracy would have to be tackled. Secondly, these adult schools can be used as a platform to generate awareness against child labour.

Opportunities (alternative) to the children :

"SCOOP" program would lay emphasis on rejuvenation of schools in the area and facilitate to provide necessary help to children so that they may attend schools. this, in turn may require some initial incentive schemes to the school going children in the form of mid - day meals or cash incentive to the family of the child.

Higher incentives may be offered to the girl child to attend the child. the program may also use the platform of adult schools to prompt the parents to send their girl child to school.

"SCOOP" would also endeavour to provide free medical check up to the children attending schools. This program would, also attempt for provision of some basic medicine to the ill children. it is important to note that this would not only act as an incentive for the child to attend the school but would also help to built a healthy and happier nation.

Placement of adults:

"SCOOP" program would attempt to replace the adult population with child labour working. in this case two hold strategies are followed:

First, in certain cases some minimal training needs to be given for the adults to do the work.

Secondly, "scoop" would have to combat the local vested interest groups which would attempt to foil their efforts.

The cases of industrial establishments which would have replaced the child labour with adult work force shall be given some duty on tax benefits in the form of incentives.

Approach of the judiciary towards child labour eradication :

In Unni Krishnan vs. state of Madhya Pradesh (1993) ssc 645, the constitution bench of the supreme court held that though right to education is not stated expressly as a fundamental right, it is implicit in and flows from the rights to life guaranteed under article 21 having regard to the broad interpretation given by the court.

In m. c. Mehta, vs. state of Tamil Nadu (1996) 6 ssc 756 the supreme court has suggested that the sum of Rs. 25,000 / - (Rs. 20,000/- by the employer and Rs. 5,000/- by the government) per child should be deposited in a child welfare fund and the returns of which should be spent on the welfare of such child who is withdrawn from hazardous employment.

In any case withdrawal of children from employment will open opportunities for adult employment.

Bandhua Mukti Morcha vs. union of India (air, 1984 sc 802): in this case, an organization detracted to the cause of bonded labourers informed the Supreme Court through a letter, about the bonded labourers working in quarries in Faridabad under inhuman and intolerance conditions contrary to various social welfare laws. The petition prayed that a writ be issued for proper implementation of constitutional provisions like article 21.

The court treated the letter as a writ petition and appointed commission to make an enquiry. The court held that, instead of raising preliminary objection, the government should welcome the enquiry; so that the situation can be set right by government.

M.C. Mehta vs. union of India (air, 1987 sc 1087) in this case the sc further widened the scope of public interest litigation under article 32.

1. held that a poor can move the court, by writing a letter (even without an affidavit) to any judge.
2. The court has power to grant remedial relief in the form of compensations where violation of fundamental rights is "gross and patent" and affects persons on a large scale.
3. The court can appoint socio- legal commission or device any procedure and forge any tool for enforcement of fundamental right under article 32.

The five judge bench of the court in this landmark judgement opened the doors of the highest court of the nation for the oppressed, the exploited and the down - trodden in villages or urban slums. The court has brought legal aid to the door steps of the teeming millions of India which the executive has not been able to in spite that a lot of money is being spent on the legal aid schemes operating at the central and state levels.

Apart from child labour laws and judicial approach, problems would be taken care of to some extent by insisting on compulsory education indeed. If there is an education system available, the child of a poor parent would not receive education if per force it has to earn to make the family meet both the ends. Therefore, unless the family is assured of income aliened, the problem of child labour would hardly get solved; and it is vital question, which has remained almost unattended. The global trend toward the removal of children from the labour force and the establishment of compulsory universal primary school education has done better. This shows that what has caused the problem of child labour is the lack of real zeal.

CONCLUSION:

Government and the society should work together for bringing down the number of child workers. This is a very big challenging task and has to be done immediately. Let us all put our head and efforts together and assist the child for its good and greater good of the country.