Map of Asia |
Beyond the Economic Perspective: Gender Labor in India? Roles and Child
Monmouth University
Department of Economics & Social Sciences
Indian Institute of Management
Department of Economics & Social Sciences
International Studies Association
March 1998
Child labor is a widespread and complex phenomenon. It was common to the developed world as it embarked on industrialization during the 19th century. Today, developing countries are trying to grapple with the problem by passing legislation seeking to ban child labor. However, there is a growing consensus that legislation alone is not enough to combat child labor. Accordingly, many scholars and practitioners stress the need for compulsory education as a necessary antidote to the employment of children.
In addition, governments, NGOs, and international agencies have unleashed a campaign to remove child labor. While these programs and policies are addressing several aspects of the problem such as economic causes of the problem as well as the need for education to remove child labor, there is an important gap that needs to be addressed in these policies and prescriptions. The role of gender in combating child labor is largely ignored in most analysis and policy prescriptions. This paper thus attempts to take a holisitc view of the problem of child labor and its solutions as well. It begins with a look at the overall environment of child labor and focuses on the economic and socio-cultural context of the problem and the policy endeavors in India. India provides a good case study as it is one of the leading countries where child labor occurs. The paper argues that despite major policy changes and legislations seeking to remove child labor, gender roles of the problem of child labor are often ignored in any anlaysis and solution of the problem. It recommends that the status of women and female literacy ought to be at the heart of any efforts to remove child labor. Hence, the two major objectives of the paper is to set the issue of child labor in holisitc terms, i.e. set the debate in the context of the economic and social backdrop of India along with the impact of national policies, NGOs, and repercussions of international trade and organizations. In line with that, the second objective is to address the issue of gender concerns in the debate which has so far been ignored and which adds a significant dimension to the issue.
The Environment of Child Labor: Some Conceptual Issues
What constitutes child labor? Behind this question lies the more direct question of the age at which children can be employed. The age at which children are hired is an important as well as a widely misused criterion. The 1973 ILO Convention 138 on Minimum age for Employment provides: ìThe minimum age Ö should not be less than the age of compulsory schooling and, in any case, shall not be less than 15 years.î This standard is flexible and lenient for countries that are less developed. It goes on to reduce the minimum age for light work from 13 to 12 years. Moreover, there is no clear definition of what constitutes light work. There is confusion as to what is child labor, what the minimum age for employment is and what constitutes ìhazardousî employment. These factors combine to make the problem worse for developing countries where families often find an easy alternative to hire children in agriculture and various kinds of family and cottage industries.
One of the most conventional as well as controversial forms of child labor is apprentice-ship. It is controversial because it is commonplace to argue in many countries that through apprenticeship a child can learn valuable work skills that will help in their career later. Children under 14 are often hired under the guise of apprentices and family helpers and exploited. ìLearning by doing is a sound educational principle, but its economic and moral implications must not be ignored; unless procedures are carefully monitored, the free child labor creates adult unemployment, keeps adult wage levels under restraint, and encourages employers to increase the work load without having to worry about the cost of overtime.î
Since the 1970ís there has been an alarming increase in bonded slavery in children. Largely attributed to poverty, when families incur a heavy debt and are unable to repay the lender, they often ìsellî their children in exchange. Such children often work long hours, there is no job specification, they do anything that the ìownerî demands. Conditions of work are harsh, children are not fed properly and often they remain bonded for life. Para-doxically, the increase in bonded labor in South Asia in recent decades has resulted after the Shah of Iran banned the use of child labor in Iranian carpet factories. Manufacturers looking for alternatives soon ended up in South Asian carpet belts in India, Pakistan, and Nepal.
Child Labor in India: An Overview of the Forms and Causes
Accurate data on child labor is difficult to obtain. Many governments downplay the extent of child labor. In India, the government estimates that there are 20 million child workers. Other sources, including the ILO and UNICEF estimate that there are as many as 100 mil-lion children working in India in various industries and farms. As Myron Weiner explains in his 1991 study on child labor in India: ì Given the uncertainties of definition and the complexities of remu-neration, it is no wonder that estimates of child labor vary so greatly in IndiaÖ.The official National Sample Survey of 1983 reports 17.4 million child laborers, while a study by the Operations Research Group of Bar-oda, sponsored by the Labour Ministry, concluded that the child labor force was 44 million, including chil-dren paid in kind as well as cash.î
One of the most common forms of child labor in India is bonded labor. Usually when a person or a family needs a loan and has no asset to stand as security, they pledge their labor or that of their children as security against a loan. In most such cases, when the debt becomes too high, it is transferred from one generation and children are ìloanedî as repay-ment of loans. Because of the high amount of the loan, the service or ìlaborî that was originally pledged usually increase with time and the children remain bonded sometimes for life. The service time also increases arbitrarily when the moneylenders punish their ìslavesî by increasing the time they have to serve because they have either been slack or slow in their work or have disobeyed them. Bonded labor is widely used in many indus-tries. It is especially widespread in the carpet industry. 85% of Indiaís carpet exports come from Uttar Pradesh in northern India. Children between ages six to nine were reportedly employed in the weaving looms in Uttar Pradesh and other parts of India.
The fireworks industry in Sivakasi in the southern state of Tamil Nadu also employs large numbers of children, sometimes very young. More than a decade ago, it was estimated that 45,000 children between the ages of 3 ½ and 15 were employed in the match industry. Children as young as 3 ½ years were picked up in buses very early in the morning and sent to work in match factories. Accidents are common in fireworks factories and there have been several reports of accidents and evidence ìof children being roasted alive.î Poverty is a major cause for the large concentration of child labor in such areas. There is also a complex mix of economic and social constraints that contribute to the perpetuation of the problem. The fireworks industry is owned by the Nader caste which capitalizes the fact that the region is barren and drought prone. They prevent the spread of agriculture in the area so the people are forced to depend on the fireworks industry as a means of liveli-hood.
The Economics of Child Labor and Beyond
As the overview of child labor in India shows, there is a compelling economic reason for children to work. Due to extreme poverty and the need for the family to survive, children are often made to work with no other plau-sible option. Studies dating back to the mid 1970ís point this out with clarity. Subsequently, Rodgers and Standing (1981) reinforce the correlation between poverty and child labor. Poorer households, particularly in the agricultural sector find it almost imperative to send their children to work as insurance against hazards such as failed monsoons and poor harvest. This perspective is challenged by studies that see little or no positive impact on household income by children working. Some find that often male members of the family usurp the extra earnings brought by children for alochol consumption and the like.
Child workers do, however, make ideal employees. They are not unionised. They can be cajoled, tortured, and exploited wihtout any fear of backlash. They are cost effective too. Studies have shown that for the same work, children are paid much less than adults. Moreover, children are better suited to jobs like brick making, carpet weaving, silk spinning. etc. All of these reasons, coupled with the fact that children are available to work in small industries and factories make the economic perspective a compelling one.
Following the recommendations of Myron Wiener (1990), many analysts are emphasizing the need to look beyond the economic perspective to address the problem of child labor. This approach makes the case for making compulsory primary education as a necessary step to combat child labor. This perspective is, however, challenged by findings that suggest that poverty and child labor do not necessarily corroborate. Other poor countries such as Sri Lanka, Uganda, Myanmar, and Vietnam have been able to put their children to school by adopting compulsory education, thereby reducing the number of children in the workforce. Educational inititatives, though, have to be introduced by the local and central governments and reinforced by other agencies sich as NGOs, international agencies, and families. A look at what the governemnt initiatives and the efforts of international organizations have accomplished is therefore in order at this point.
National Policies Toward Child Labor
How has the government responded to the findings and recommendations of researchers and analysts who have studied the causes and dimensions of child labor?
The Indian constitution bans the use of child labor in factories and mines. Article 24 states that ìno child below 14 shall be employed in any factory or mine. Under Article 45, the state shall try to provide children up to the age of 14 with free and compulsory education. In addition to these and other constitutional guarantees, several laws sought to protect the underage children in factories and mines. These included the Labour Act of 1951, the Mines Act of 1952, and the Factories Act of 1954. The 1979 Committee on Child Labour appointed by the government to review the status of children concluded that despite the legislation and constitutional prohibition on using child labor under certain ages and in hazardous employment, the government had not enforced legislation banning child labor. More recent efforts by the government to prohibit child labor have not been very effective either. For example, the Child Labor Act of 1986 does not deal with the causes of child labor but only with its consequences. Also, it makes recommendations about not using children in hazardous employment without clearly defining what constitutes hazardous. This means that many employ-ers continue to employ children in various industries and work long hours in unsanitary and unhealthy con-ditions without violating the law.
Administrative shortsightedness and unwillingness to deal with the problem was exacer-bated with the social and economic pressures by families which have to send their children to work for economic reasons. Furthermore, the government has passed several laws dating back to the inception of the constitution prohibiting the use of child labor in factories but not in agriculture or the informal sector, including domestic helpers, cottage industries and restaurants. Leading social scientists have repeatedly argued for compulsory primary education. They argue that ìNo country has successfully ended child labor without first making education compulsory. As long as children need not attend school, they will enter the labor force. But Indian officials and politicians reject compulsory education, arguing that poor families need the labor and income of their children.î
Given the magnitude of the problem and the relative ineffectiveness of the government, many nongovernment organizations and collaborative efforts by the government and nogovernment agencies are becoming more prevalent in recent years. Many organizations are focusing on eradicating child labor by mobilizing community participation for universal primary educa-tion. Draft papers and background notes of NGOs often shed light on various aspects of the national initia-tives on child labor, the existing legislation, national projects (like the NCLPs-National Child Labour projects and the Child Labour Action and Strategy Program and the ILO's IPEC program -International Pro-gram on the Elimination of Child Labour). One such paper is C.J. Georgeís ìChild Labour: The Inadequate Responses and Prevalent Myths,î Terre de Hommes, (an NGO), which came out in January 1996. It also looks at legislation to deal with bonded child labor, the work of local activists, different approaches that have been taken to address the problem including outright abolition, compulsory primary education. It also tries to erase some myths about child labor and why it exists, presents the current situation, and possible remedies.
International Dimensions of Child Labor: Trade, Organizations, and Law
The literature on the impact of child labor on international trade international labor stan-dards is growing. Recently, scholars and international organizations and trade experts have tried several means of combining child labor with social clauses. Various ILO con-ventions and studies have increasingly included the ìsocial clauseî in trade issues. Social clause involves various labor standards and rights. It includes freedom of association and the right to bargain collectively, freedom from discrimination in wages etc. It also seeks to end forced labor, ensure acceptable working conditionsói.e. wages, working hours, sani-tary conditions, health, and safety. Social clause is an important aspect of the issue of child labor and is a gray area that needs to be determined universally. Pursey (1994) looks at the economic, social, and political rationale for the social clause, the opposition to it and arguments for it, and the theoretical and practical implications of the social clause. In addition, many other documents highlight the different perspectives of the issue of stan-dards and rights of children. Many of these sources discuss views of different partner organizations around the world on the inclusion of social clause in trade and makes con-clusions on lack of political will in eradicating child labor. The conclusion is mainly that trade sanctions cannot eradicate child labor and that better dissemination of information on the problem and on the social clause debate is required around the world. This paper discusses views of different partner organizations around the world on the inclusion of social clause in trade and makes conclusions on lack of political will in eradicating child labor. The conclusion is mainly that trade sanctions cannot eradicate child labor and that better dissemination of information on the problem and on the social clause debate is required around the world.
Child labor as linked to trade has important implications. Several studies highlight this aspect of child labor. A 1994 dossier is a compilation of articles on the linking of child labor to trade . It examines the Harkin Bill or the US Child Labor Deterrence Act, on the Uruguay Round and the industrialized countries' demands for including a social clause in the final agreement. Linking child labor to international trade is an ongoing concern. The European Economic Commission (1957) and NAFTA (1994) included a social clause to determine fail labor standards.
There are several benefits to successful implementation of the principle of fair labor stan-dards, especially pertaining to children. Children who work often are deprived of their childhood. When children work, they are not protected by labor unions or laws, they do not get any benefits and are often exploited. From a more macro standpoint, many countries that would like to see the end of child labor as a means to prevent ìsocial dumpingî by multinational companies. Multinational corporations that operate in developing countries want to take advantage of the low labor costs, often employing children to keep the cots even lower. Thus they deprive the adult working force of developing as well as developed countries. The fact that that they can cost jobs even for developed countries is the main reason why countries such as the US are interested in eradicating child labor.
On the opposite side of the argument are those that see the need for child labor. In fact, just as there is increasing concern and effort toward eliminating child labor, there is also strong resistance to abolishing the practice. The justification of child labor in the interna-tional forum comes from various quarters. Of them, quite naturally, many developing countries consider restrictions emanating from ìsocial clausesíî to be protectionist and argue that ìÖlabor exploitation is inherent to development, that wages rise as productivity increases, and that child labor disappears as national incomes grow to make schooling more affordable.î
While the ILO has been at the spearhead leading many movements, research studies and creating a ground for eventual eradication of child labor in developing countries, many other international organizations are steering the progress away from that goal. Among such organizations are the International Monetary Fund (IMF) and the World Bank. A World Bank consultant, for example, has been quoted in a major journal observing: ìÖ We know of no case where a nation developed a modern manufacturing sector without first going through a ësweat shopí phase. How long ago was it that children could be found working in the textile factories f Lowell, Massachusetts, of Manchester, England, or of Osaka, Japan? Should the developing countries of today be any different?î Such apologies for child labor make it very clear how important and pertinent the need is for creating widespread knowledge and resistance to child labor as one of the major social evils facing the twenty-first century.
An Assessment of the Existing Efforts to Combat Child Labor
Like in many other parts of the world, child labor has become a serious and wide-spread problem in India. A our analysis has shown so far, it is all the more problematic because even though there is widespread concern about child labor, not everyone agrees on the solution. Especially in a poor coun-try like India where a majority of the population is struggling to remain above the poverty line and where a large portion of the workforce is engaged in agriculture, engaging chil-dren in family farms and businesses seem the only feasible alternative to many. Instead of going to school, millions of children go to factories and farms instead every morning.
As already stated, making education compulsory has been suggested as a solution to ending child labor. In spite of several pleas, the government is reluctant to make com-pulsory education a priority. There is vested interest from many who use and employ child labor for their gains, and the government needs to be more forthright about its role if it is serious about eliminating child labor. There are several recommendations made by researchers and analysts who have studied the impact of education in eradicating child labor. Among them are suggestions that the entire primary education system needs to be overhauled. Compulsory primary education has met with resistance in the past and the government has conveniently used it as a rationale not to implement it because the argument has been that poor families may need to put their children work in order to survive economically.
In the face of the relative weakness of government initiative, international pressures, public awareness, and non-governmental organizations are going far in ensuring the steady conscious-ness about the cruel practice of using child labor to cut costs, pay low wages, and ensure higher productivity. One such enterprise is Rugmark Foundation, which was founded in India in 1994 and has extended to Nepal. It gives licenses to companies to use their log that no child labor was used in the manufacture of the carpets carrying the logo. In return, the companies have to comply with surprise inspections and other codes that ensure hat child labor was not used in the manufacture of the carpets. Individual success of Rugmark not-withstanding, it is a step in the direction of using public pressure and individual and group initiative to bring about changes in peopleís attitude toward child labor. Similar ventures are now in operation in other South Asia countries such as Nepal and Bangladesh as well as countries such as Brazil.
The structure of the labor market will also determine whether eradicating child labor will meet with a whole lot of resistance. In markets where wages are flexible, employers will tend to hire children at lower wages. Where minimum wages are firmly determined and practiced, employers will tend to hire adults who can deliver more with the same wages. Thus stabilizing wages may go a long way in eradicating child labor, especially in developing countries.
In the changing environment of globalization of the market, many developing countries are finding it almost imperative to engage in structural adjustment progarms to compete as well as to qualify for various kinds of financial assistance from international lending agencies such as the World Bank and the IMF. Structural adjustment programs have also had an impact on child labor. For example, M. Swaminathan, and V.K. Ram-achandran, look at the impact of economic liberalization and structural adjustment policies on child welfare around the world. It looks at the impact on social sector expenditures fol-lowing World Bank/IMF type programs.
Beyond the Existing Parameters: Breaking the Cultural Norms of Gender Roles to Combat Child Labor
While these policies and efforts at the local, national, and international levels have been remarkable, there is a significant gap in the entire discussion. That is the lack of initiatives that see the problem in cultural terms. Some of this is addressed by the suggestion to make education compulsory in order to remove child labor. But that suggestion also has largely ignored the need for assessing the impact of gender roles in child labor. Making education compulsory will address the problem of keeping children in schools. But women can play an important role in making the decision to send children to school. If there is a choice between sending male or female children to school, male children inevitably get preference.
Female literacy can go a long way in ensuring reproducitve decision-making in which women can have a say in deciding on the number of children the family is to have. Studies on women and literacy have shown that literacy is related to population control. For example, the state of Kerala in India has the highest literacy rate (90%). It also has the highest female literacy rate (65%). It has also completed the ìdemographic transitioní to replacement level birth rate.
How did this happen? Kerala is a very good example of the relationship of gender to child labor. As we have seen, even though not the sole cause, poverty remains an important determinant of child labor. Overpopulation, or the inability of families to feed their children is a related cause. In this situaiton, traditional notions of the need to educate male children as opposed to female children becomes a factor in reinstating child workers in schools. The vicious circle that India is in is simple to undersatnd but difficult to confront. Given the traditional preference for the male child, they always get a priority when it comes to education. However, unless women are educated and obtain a decisive role in family planning, families will continue to have children who they cannot feed or educate and hence send to work at tender ages to make ends meet. Hence, it is crucial to educate women so they can make these decisions. As research has shown, educating women is the foundation of family planning and population control. It is a crucial variable in eradicating child labor as well.
This study therefore makes the case for female literacy and education to be at the heart of reform policies and programs that seek to make education compulsory in order to remove child labor. It does not discount the role of international organizations such as the UNICEF, the ILO, and that of NGOs and the national and regional governments in their efforts to combat child labor. It simply suggests that these policies have, to date, ignored a crucial aspect of the problem, i.e. the norms that center the role of women and the important role women can play in removing child labor.