[child-rights] India: Child labour law welcomed, but needs enforcing

(New York, October 5, 2006) -- The Indian government has taken a step
forward by enacting a law to ban domestic work and some other forms of
labor by children under age 14, Human Rights Watch said today. The law
goes into effect on October 10, but to be effective, the Indian
authorities will need to improve upon their weak enforcement of existing
child labor protections.

The new law covers restaurant and hotel work as well as domestic labor.
However, it provides no protection for children aged 14 to 18, who also
face exploitation and abuse by their employers.

"This ban on child domestic labor is a welcome step, but changes on paper
are not enough," said Zama Coursen-Neff, senior researcher for the
Children's Rights Division of Human Rights Watch. "If the Indian
authorities are serious about protecting children from hazardous labor,
the state governments should start prosecuting abusive employers and
rehabilitating child workers."

Indian law prohibits the employment of children under age 14 in
occupations deemed hazardous, a list that will now include domestic, hotel
and restaurant work. Under the law, government officials must remove and
rehabilitate children, and prosecute employers illegally using underage
children.

Nevertheless, when investigating child labor in India in 1996 and 2003,
Human Rights Watch found that most government officials responsible for
enforcing the law failed to do so. Illegal employers almost never faced
sanction. Money that the government allocates for rehabilitation, which is
critical for preventing children from returning to dangerous work,
remained unspent.

Child domestic workers, those under age 18, are nearly invisible and are
especially vulnerable. They work alone in individual households, hidden
from public scrutiny, where their lives are controlled by their employers.
Child domestics typically work long hours for little or no pay.

Many have no opportunity to go to school, or are forced to drop out
because of the demands of their job. They are subject to verbal and
physical abuse, and are particularly vulnerable to sexual abuse. They may
be fired for small infractions, losing not only their jobs, but their
place of residence as well.

"The government should also protect adolescent domestic workers by
ensuring they can attend school, have limited work hours, and are assigned
work appropriate to their age," said Coursen-Neff. "Measures like
establishing standard employment contracts, hotlines, and drop-in centers
for domestic workers are also critical for preventing and responding to
abuse."

Worldwide, more girls work as domestics than in any other form of child
labor, according to estimates by the International Labor Organization. In
India, caste-based violence and discrimination – not just poverty
– keep Dalits (or so-called untouchables) in slave-like conditions,
including bonded labor.

Human Rights Watch urged the government to do more to address factors that
push children into the worst forms of child labor, including lack of
access to education and caste-based violence and discrimination.

"When schools are not available, are poor quality, charge prohibitive
school fees, or discriminate against Dalit children, children go to work
instead, where they are subject to further abuses," said Coursen-Neff.

Human Rights Watch Press release