US embassy cable - 05NEWDELHI7135

UNCLAS SECTION 01 OF 03 NEW DELHI 007135 
 
SIPDIS 
 
STATE FOR DRL/IL LAUREN HOLT; G/TIP FOR SALLY NEUMANN 
AND MARK TAYLOR; SA FOR EILEEN KANE; 
LABOR FOR ILAB TINA MCCARTER 
 
E.O. 12958: N/A 
TAGS: ELAB, PGOV, KCRM, ETRD, IN, Child Labor 
SUBJECT: INDIA: UPDATE OF WORST FORMS OF CHILD LABOR 
INFORMATION 
 
REF: STATE 143552 
 
1.  IN RESPONSE TO REFTEL, POST SPOKE TO MINISTRY OF 
LABOR OFFICIALS, NGOS, AND TRADE UNIONISTS TO ANSWER 
QUESTIONS POSED IN PARA 7. 
 
A.  LAWS AND REGULATIONS PROSCRIBING THE WORST FORMS OF 
CHILD LABOR: 
 
-- INDIA HAS NOT YET RATIFIED ILO CONVENTION 182. 
ALTHOUGH THE GOI INITIATED THE PROCESS IN 2002, IT IS 
FAR FROM REACHING A DECISION ON RATIFYING THIS 
CONVENTION.  NGO INTERLOCUTORS OPINED THAT IT MIGHT 
TAKE A COUPLE OF YEARS FOR THE GOVERNMENT TO RATIFY THE 
CONVENTION. 
 
-- THE CHILD LABOR (PROHIBITION AND REGULATION) ACT OF 
1986, INDIA's PRINCIPAL PROTECTION AGAINST THE 
EXPLOITATION OF CHILDREN IN THE WORKPLACE, HAS NOT BEEN 
AMENDED. 
 
-- INDIA DOES NOT HAVE A NATIONAL MINIMUM AGE FOR 
EMPLOYMENT, ALTHOUGH THE EMPLOYMENT OF CHILDREN UNDER 
14 IN CERTAIN HAZARDOUS OCCUPATIONS IS BANNED.   INDIAN 
LAW PROHIBITS EMPLOYMENT OF CHILDREN IN CERTAIN SECTORS 
AND OCCUPATIONS, BUT ONLY REGULATES THE PRACTICE IN 
OTHERS.  THE LIST OF OVER 50 PROHIBITED 
OCCUPATIONS/PROCESSES ESTABLISHED IN THE CHILD LABOR 
ACT (CLA) IS BASED ON THE RECOMMENDATIONS OF AN 
ADVISORY BOARD ON CHILD LABOR CONSISTING OF OFFICIALS 
FROM THE MINISTRIES OF LABOR, EDUCATION, AND RURAL 
DEVELOPMENT, INDEPENDENT MEDICAL EXPERTS AND SOCIAL 
ACTIVISTS.  THERE HAVE BEEN NO CHANGES IN THE ACT SINCE 
1999. 
 
-- IN THE PAST YEAR THERE HAVE NOT BEEN ANY NEW 
GOVERNMENTAL OR JUDICIAL INITIATIVES TO STRENGTHEN OR 
ENFORCE CHILD LABOR LEGISLATION AND REGULATIONS. 
 
B.  REGULATIONS FOR IMPLEMENTATION AND ENFORCEMENT OF 
PROSCRIPTIONS AGAINST THE WORST FORMS OF CHILD LABOR: 
 
-- INDIA DOES NOT HAVE A NODAL AGENCY TO IMPLEMENT AND 
ENFORCE CHILD LABOR LAWS.  WHILE THE FEDERAL MINISTRY 
OF LABOR FORMULATES THE POLICY AND LAW GOVERNING CHILD 
LABOR, THE IMPLEMENTATION OF THE LAW IS THE 
RESPONSIBILITY OF STATE GOVERNMENTS. 
 
-- GOVERNMENT AGENCIES USE CIVIL FINES AND CRIMINAL 
PENALTIES TO ENFORCE CHILD LABOR LAW, BUT ENFORCEMENT 
IS WEAK AND INEFFECTIVE.  AN INSUFFICIENT NUMBER OF 
POORLY TRAINED AND INADEQUATELY PAID INSPECTORS, AS 
WELL AS WIDESPREAD SOCIAL ACCEPTANCE OF CHILD LABOR, 
LEAD TO POOR ENFORCEMENT. 
 
-- ROUTINE INSPECTIONS BY FACTORY AND LABOR INSPECTORS 
OFTEN DETECT VIOLATIONS OF THE CHILD LABOR ACT.  NGOS 
AND INDIVIDUAL CITIZENS OCCASIONALLY FILE COMPLAINTS 
WITH LOCAL GOVERNMENT OFFICIALS. 
 
-- FROM 1999 TO NOVEMBER 2004 STATE GOVERNMENTS HAVE 
DETECTED A TOTAL OF 21,246 VIOLATIONS OF THE CHILD LABOR 
ACT.  PROSECUTIONS HAVE BEEN LAUNCHED IN 12,348 CASES AND 
THERE HAVE BEEN 6305 CONVICTIONS. 
 
-- THE MINISTRY OF LABOR SUPPORTS AN ONGOING PROGRAM TO 
TRAIN AND SENSITIZE LABOR FACTORY INSPECTORS ON LAWS 
AND REGULATIONS RELATING TO CHILD LABOR.  THE V.V. GIRI 
NATIONAL LABOR INSTITUTE CONDUCTS LOCAL AND STATE-LEVEL 
PROGRAMS. 
 
C.  SOCIAL PROGRAMS TO PREVENT AND WITHDRAW CHILDREN 
FROM THE WORST FORMS OF CHILD LABOR: 
 
-- IN FEBRUARY 2004 THE GOVERNMENT OF INDIA AND THE 
U.S. DEPARTMENT OF LABOR LAUNCHED THE USD 40 MILLION 
INDUS (INDO-US) PROJECT, WITH EACH GOVERNMENT PROVIDING 
USD 20 MILLION, TO ELIMINATE CHILD LABOR FROM TEN 
SELECTED INDUSTRIES.  THE INTERNATIONAL LABOR 
ORGANIZATION, UNDER THE AUSPICES OF ITS INTERNATIONAL 
PROGRAM FOR ELIMINATION OF CHILD LABOR (IPEC), 
ADMINISTERS THIS PROGRAM, WHICH AIMS TO RELEASE AND 
REHABILITATE 100,000 CHILDREN FROM SELECTED INDUSTRIES 
OVER A PERIOD OF THREE YEARS.  WORK BEGAN IN MAY 2003 
AND THE PROJECT WAS FORMALLY LAUNCHED IN 2004. 
 
-- THE GOVERNMENT OF INDIA AND INDIVIDUAL STATES 
CONDUCT PUBLIC AWARENESS CAMPAIGNS THROUGH THE PRINT 
AND AUDIO-VISUAL MEDIA TO INCREASE AWARENESS OF THE 
CHILD LABOR PROBLEM.  THE GOI ALSO LAUNCHED THE "SARVA 
SHIKSHA ABHIYAN" (EDUCATION FOR ALL) CAMPAIGN IN 
JANUARY 2001, WHICH AIMS TO PROVIDE PRIMARY EDUCATION 
TO ALL CHILDREN IN THE 6-14 AGE GROUP BY THE YEAR 2010. 
HOWEVER, THE UNDER-FUNDED PROGRAM HAS NOT MADE A 
NOTICABLE IMPACT ON THE NUMBER OF CHILDREN ATTENDING 
SCHOOL.  THE CURRENT GOVERNMENT CLAIMS THAT IT WILL 
CONTINUE IMPLEMENTING THE CAMPAIGN AT ITS CURRENT 
FUNDING LEVELS. 
 
-- IN DECEMBER 2002 PARLIAMENT PASSED LEGISLATION TO 
MAKE EDUCATION FOR ALL 6-14 YEAR OLD CHILDREN A 
CONSTITUTIONALLY GUARANTEED FUNDAMENTAL RIGHT.  CRITICS 
IN NGOS ARGUE THAT THE GOVERNMENT WILL NOT BE ABLE TO 
ACHIEVE THIS GOAL WITHOUT MASSIVE RESOURCES AND MAJOR 
REFORMS IN STATE EDUCATIONAL POLICY.  PARLIAMENT HAS 
NOT YET INTRODUCED LEGISLATION TO IMPLEMENT THIS 
CONSTITUTIONAL GUARANTEE. 
 
-- ACCORDING TO GOI STATISTICS FROM THE YEAR 2002, 
APPROXIMATELY 42 MILLION OUT OF 200 MILLION CHILDREN IN 
THE 6-14 AGE GROUP DO NOT ATTEND SCHOOL.  FOR THE SAME 
PERIOD THE DROP OUT RATE FOR GRADES 1-8 IS 59 PER CENT. 
MANY STATE GOVERNMENTS OFFER FREE MID-DAY MEALS TO 
CHILDREN ENROLLED IN PUBLIC SCHOOLS IN AN EFFORT TO 
RETAIN THEM.  THIS PROGRAM HAS BEEN SUCESSFUL IN 
RETAINING STUDENTS, BECAUSE THE LUNCH IS OFTEN THE ONLY 
FULL MEAL THESE CHILDREN RECEIVE ON A DAILY BASIS. 
EDUCATION IS NOT FREE, BUT IS SUBSIDIZED IN STATE-RUN 
SCHOOLS.  SOME STATES, LIKE MAHARASHTRA, OFFER FREE 
EDUCATION FOR GIRLS.  LOW PAY AND INADEQUATE TEACHER 
TRAINING AFFECT STUDENT RETENTION LEVELS.  DESPITE 
RELATIVELY INEXPENSIVE EDUCATION, A LARGE PERCENTAGE OF 
THE INDIAN POPULATION IS UNABLE TO PAY FOR TUITION, 
BOOKS AND UNIFORMS.  IN ADDITION, DISTANCE AND 
TRANSPORTATION DIFFICULTIES LIMIT ACCESSABILITY TO 
SCHOOLS IN THE RURAL INTERIOR. TEACHER ATTENDENCE, 
ESPECIALLY IN RURAL AREAS, IS A PROBLEM.  A 2004 STUDY 
COORDINATED BY THE WORLD BANK AND HARVARD UNIVERSTIY 
FOUND THAT ON ANY GIVEN DAY 25 PERCENT OF TEACHERS 
ACROSS 20 STATES IN RURAL INDIA WERE TRUANT.  ALSO, 
UNESCO'S 2005 GLOBAL EDUCATION MONITORING REPORT 
REVEALED THAT INDIA IS HOME TO 34 PERCENT OF THE 
WORLD'S ILLITERATE PEOPLE. 
 
D.  DOES THE COUNTRY HAVE A COMPREHENSIVE POLICY AIMED 
AT THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR? 
 
-- THE INDIAN CONSTITUTION BANS EMPLOYMENT OF CHILDREN 
BELOW THE AGE OF FOURTEEN YEARS IN FACTORIES, MINES AND 
HAZARDOUS SECTORS, AND REGULATES THE WORKING CONDITIONS 
OF CHILDREN IN OTHER AREAS UNTIL THE PROBLEM IS 
COMPLETELY ELIMINATED.  ON AUGUST 16, 2004 THE GOI 
LABOR MINISTER INFORMED PARLIAMENT THAT THE GOVERNMENT 
PROPOSED TO REMOVE CHILDREN FROM ALL HAZARDOUS 
INDUSTRIES BY THE YEAR 2007.  MOST OBSERVERS BELIEVE 
THAT IT WILL BE IMPOSSIBLE TO MEET THIS DEADLINE. 
HOWEVER, NGOS COMMENTED THAT SEVERAL STATES, INCLUDING 
TAMIL NADU, KERALA, AND ANDHRA PRADESH ARE WORKING 
VIGOROUSLY TO IMPLEMENT THEIR OWN STATE "2007" 
CAMPAIGNS WITH THE COOPERATION OF INDUSTRY AND 
COMMERCIAL ORGANIZATIONS. 
 
-- THERE ARE NO ACCURATE AND UP-TO-DATE FIGURES 
AVAILABLE ON THE NUMBERS OF WORKING CHILDREN. 
ACCORDING TO THE GOI 2002 CENSUS, THERE ARE 12.7 
MILLION CHILDREN WORKING IN INDIA, WHILE NGOS CLAIM 
THAT THERE ARE 55 MILLION. 
 
-- CHILD LABORERS ARE FOUND ALMOST EXCLUSIVELY IN THE 
AGRICULTURAL AND INFORMAL SECTORS OF THE ECONOMY, SUCH 
AS HANDMADE KNOTTED CARPETS; GLASS BANGLES; LOCK- 
MAKING; GEM POLISHING; LEATHER GOODS; AND SPORTING 
GOODS.  MANY YOUNG CHILDREN WHO WORK IN FACTORIES OR AS 
HOUSEHOLD HELP ARE TRAFFICKED FOR THEIR LABOR AND 
COMPELLED TO LABOR FOR LONG HOURS, OFTEN UNDER INHUMAN 
CONDITIONS IN VIRTUALLY SLAVE-LIKE CONDITIONS. 
SUSTAINED EFFORTS BY THE GOVERNMENT OF INDIA HAVE 
CREATED AN AWARENESS OF THE PROBLEM IN MANYMOST PARTS 
OF THE COUNTRY; HOWEVER, THIS HAS NOT RESULTED IN 
SIGNIFICANT INCREASE IN RESCUES OF CHILD LABORORS. 
DOCUMENTATION ON THE PREVALENCE OF CHILD LABOR IN THE 
ABOVE SECTORS IS CONTAINED IN THE U.S. DEPARTMENT OF 
LABOR'S INTERNATIONAL CHILD LABOR STUDY.  IN RECENT 
MONTHS LOCAL MEDIA HAS REPORTED EXTENSIVE USE OF 
CHILDREN IN THE ZARI INDUSTRY IN MUMBAI AND NEW DELHI. 
WHILE NO AUTHENTIC STUDY ON THE NUMBERS INVOLVED IN 
THIS INDUSTRY IS AVAILABLE, GLOBAL MARCH CONVENOR AND 
NOTED CHILD LABOR ACTIVIST KAILASH SATYARTHI ASSERTED 
THAT OVER 100,000 CHILDREN WERE INVOLVED IN THE 
INDUSTRY.  POST BELIEVES THIS FIGURE IS EXAGGERATED, 
ALTHOUGH THE CORRECT FIGURE COULD EASILY RUN INTO THE 
TENS OF THOUSANDS. 
 
-- THE GOVERNMENT OF INDIA RUNS ITS OWN NATIONAL CHILD 
LABOR PROGROM (NCLP) IN THE 13 STATES WITH THE MOST 
SEVERE CHILD LABOR PROBLEMS.  IN JANUARY 2004 THE 
GOVERNMENT EXTENDED THE COVERAGE OF THE PROGRAM FROM 
100 DISTRICTS TO 150 DISTRICTS. THE GOVERNMENT STATED 
IT HAS PLANS TO INCREASE THIS COVERAGE TO 250 DISTRICTS 
BY MARCH 2006. 
 
-- THE GOI ALSO PROVIDES MONETARY ASSISTANCE TO 54 NGOS 
THAT ADMINISTER REHABILITATION PROJECTS FOR WORKING 
CHILDREN.  INDIA HAS PARTICIPATED IN THE IPEC SINCE 
1992, HAS REMOVED AN ESTIMATED 90,000 CHILDREN FROM 
WORK, AND PROVIDED THEM WITH EDUCATION AND STIPENDS. 
THE GOI HAS INCREASED ITS BUDGET FOR THE CHILD LABOR 
PROGRAM BY NEARLY 50 PER CENT IN THE FISCAL YEAR ENDING 
MARCH 2002.  THIS ENHANCED LEVEL OF FUNDING HAS BEEN 
CONTINUED IN THE CURRENT FISCAL YEAR. 
MULFORD