The UN convention on the Rights of the child defines child as a human being below the age of 18 years unless under the law applicable to the child majority is attained earlier.
Attainment of majority section 2(A) of the Children’s Act 1992 states that every human being below the age of 16 is a child.
The
Nepal Citizenship Act (2006) considers a person below 16 to be a minor.
The
exploitation of children through any form of work that exploit children from their
childhood interferes which hampers in their physical and mental development is
Child labour.
The
worst form of Child labour includes:
· Slavery,
children in armed conflict, trafficking etc.
· Sexual
exploitation of children
· Involvement
in illicit activities (production and trafficking of drugs)
It
is widespread in developing countries.
Child labour in Nepal
The
Census of Nepal 2011 found the total number of child, aged 5-16 to be 7,978,900
of the total population.
According to ILO, Nepal still acounts for 1.6 million children between ages of 5-17 engaged in child labour out of which 19.7% are engaged in hazardous works.
Kamaiya Bonded Labour in Nepal
It
is commonly known as agriculturally based bonded labour system in Nepal.The
children work as domestic servants for an employer. Children bonded in Kamaiya
system performs domestic chores, take animals to pasture, collect grass and
other farm activities. (ILO)
Though
the Kamaiya system was outlawed by the government in July 2000, the Kamaiyas still
continue to suffer from illiteracy and landlessness.
Causes of Child labour
i. Poverty: According to ILO, Poverty is the
most reasonable factor for the prevalence of child labour in Nepal. 18.7% of the
people are living below poverty line, due to which families are often forced to
send their children to work.
ii. Orphans:
Children born out
of wedlock, children with no parents and relatives often do not find anyone to
support them. So, they are forced to work for survival.
iii. Tradition
of making children learn the family skills: The tradition that children are expected to follow in
their parents’ footsteps in a particular trade, and to learn and practice that trade
at a very early age is another factor causing child labour.
iv. Absence
of compulsory primary education:
Children are meant to learn not to earn. Absence of compulsory education at the
primary level encourages the phenomenon of child labour.
v. Parental
illiteracy: People
who are illiterate do not send their children to school. Instead of sending
them schools, they force them to earn money. Illiterate and ignorant parents’
do not understand the need for the wholesome proper physical, cognitive and emotional
development of their child.
vi. Over
population: Over
population in some regions creates paucity of resources. When there are limited
means and more mouths to feed, children are driven to commercial activities and
not provided for their development needs.
vii. Traditions
that push poor families into indebting themselves heavily for social occasions
or religious events, then relying on their children’s work to pay off the debt.
viii. Implementation
of weak laws is also the factor behind child labour.
Consequences of Child labour
· Long
term health problems like respiratory disease, variety of cancers among others.
· HIV/AIDS
and other sexually transmitted diseases among those who are forced into prostitution, drug addiction.
· High
illiteracy rate which puts long term economic growth at high risk.
· Loss
of quantity childhood.
Solutions
How
can Child labour be completely eradicated?
After
more than 6 decades of evolution of The United Declaration of Human Rights
(UDHR), Nepal still faces the high incidence of child labour.
As per ILO, in an effective strategy to
abolish child labour, provision of relevant and accessible basic education is
central.
Some
of the suggestions that could be implemented to eradicate Child labour are pinpointed
as:
·
Providing
compulsory primary education that will make them productive.
·
Strict
Child labour laws should be enforced and put them into practice.
·
Creating
demand for skilled and trained workers which will lead to adult employment as
the demand for skilled labour rises.
·
Awareness
among the public about severe consequences of child labour.
·
Empowering
poor people through knowledge and income generating projects would go a long way
in reducing the cases of child labour.
Child labour laws in Nepal
i.
The
Constitution of Nepal in the Article 39 states that:
· No
child shall employed in any factory, mine or engaged in similar hazardous
works.
· No
child shall be subjected to transported illegally, abducted/kidnapped or taken
in hostage.
· No
child shall be subjected to physical, mental or any other form of torture in
home, school or other place and situation whatsoever.
The
Policies relating to labour and employment in The Constitution of Nepal abolishes
all forms of labour exploitation including child labour.
ii.
Child
labour (Prohibition and Regulation) Act, 2056(2000): Child Labour Prohibition Committee:
(1) Government of Nepal shall form Child labour Prohibition Committee in order
to provide for health, safety, education, vocational training to children
engaged in an enterprise; in order to provide for appropriate employment for
children; to discourage to have children involved in works as labour or any risky
business.
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