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  We don’t have adequate political will, says Kailash Satyarthi

We don’t have adequate political will, says Kailash Satyarthi

Published : Aug 22, 2016, 1:25 am IST
Updated : Aug 22, 2016, 1:25 am IST

Sanjay Basak: Tell us about your journey as a relentless crusader of child rights. What do you think about the present child labour law

Sanjay Basak: Tell us about your journey as a relentless crusader of child rights. What do you think about the present child labour law

Kailash Satyarthi:

I started my fight against child labour in India when India didn’t have any specific law on child labour. So it’s a long journey. In 1981, when we started our mission, there were some mentions of child labour in old British laws but we didn’t have any specifics. It was not just about the law but nobody was talking about slavery, child labour, trafficking is a new phrase that came into existence 10 years ago. So we had to fight for a law in India. I recall those days when we demonstrated in front of Parliament. But the law that was enacted was a very poor and weak law. It justified under the garb of regulation most of the child work. We were never satisfied with that law. But apart from this, the biggest shame was that the law was never properly implemented... Later on we had other laws like Right to Education (RTE) and the Juvenile Justice (JJ) act. So all the children had to be protected up to the age of 18 years. We had a strong reason to claim and demand that India should have a law, which can sink with the two progressing laws. We have been demanding it since the last government. We had series of discussions with the previous government and this government for a comprehensive and strong law, all forms of child labour is prohibited up to the age of 14 and all forms of hazardous activities be prohibited up to the age of 18 years. There were two fundamental things. But now unfortunately we have two major lacunae, one is that it blurs the line between family work or leaning in the family and exploitation by the so-called family members in the family enterprises. The present law allows the work of all children in family enterprises and the family’s definition is too long. The second serious problem is the prohibited part of the law. Earlier 83 occupations and processes were prohibited for children’s work because they were hazardous. Now it has been slashed to 3. The children could be allowed to work in brick kilns, slaughterhouses, bidi making, rolling. So these are the serious problems. The law didn’t touch the rehabilitation part.

Sanjay Basak: Child labour is a major problem but then there is the poverty factor. They can’t even eat properly and that’s one of the reasons that children are put to work. This is a social problem in a way. Kailash Satyarthi: It a social evil and it’s a crime. Globally speaking there are studies, in India, Peru, Nigeria, Philippines, Pakistan, Mexico and several countries where it has been established that there is a parallel between parents’ unemployment and the children’s employment. There was a study that proved that if parents are not able to find jobs for more than 100 days a year, then their children can go to work. If children are employed, they are preferred as the cheapest source of labour or free labour sometimes, if they are bonded labour. They cannot form unions, they can’t go to a court of law, and they can’t change all the atrocities they have to face. So the children are always physically and mentally vulnerable to exploitation. And the parents remain jobless.

The second thing is that we have almost 200 million children up to the age of 18 who are supposed to be in schools and they are not in schools. Sixty million children have never been to schools and 140 million children are school dropouts. So it is also linked with education. I have been propagating/advocating a triangular paradigm relationship: child labour, poverty and illiteracy; they have cause and consequence relationship or chicken and egg relationship. If you allow child labour, then the parents/adults will remain unemployed and the poverty will continue. But on the other hand, children will be deprived from schooling.

Manish Anand: We have been on the new path of globalisation and the country has progressed economically quite fast. So have you seen data that suggests that economic development can really address or the number has gone down for the children involved in child labour Kailash Satyarthi: No, actually, it has helped, indirectly also. The schemes like MNREGA, the mid-day meal scheme and so many other social protection programmes have helped in the decrease of child labour. The trend is definitely clear that the number of child labourers is declining. But what is visible now is trafficking... There are girls trafficked from Assam and married in Haryana.

Rajnish Sharma: Has the conviction rate improved Kailash Satyarthi: Not significantly. So has been the case with POSCO, only 0.6 per cent convictions have been made. That has not been implemented effectively.

Teena Thacker: Since you have said that you are not satisfied with the child labour law, the amendments, what is your next plan of action Are you going to meet the PM on this Kailash Satyarthi: I made my point clear to the Prime Minister, and several times with the minister of labour. And I am not just blaming the government, but the opposition is equally responsible because they could have halted it in the Rajya Sabha. I have met almost every single top opposition leader this time and the government before.

Sanjay Basak: Do you see lack of political will Kailash Satyarthi: We definitely don’t have adequate political will. We still see our children with a commercial or economic or income generation lens, not with a moral or humanitarian one.

Sanjay Basak: Do you also see lack of awareness among politicians Kailash Satyarthi: Of course, you can see the level of debate in Rajya Sabha and then in the Lok Sabha. The good thing is that there were many people who spoke strongly against this law. That happened for the first time. But most of the people who spoke were not aware of the consequences of these lacunae. Or they didn’t speak with the passion that was needed.

Rajnish Sharma: Do you have a rough estimate on children being illegally trafficked from India Kailash Satyarthi: Nobody has an idea. Actually, there are new trafficking hubs emerging. Earlier, traditionally children were trafficked from Chhattisgarh, Odisha and some parts of Bihar to work as domestic help, as well as to work as child forced labour, some of them were also trafficked for child prostitution, they were from Nepal and West Bengal normally. Now the northeastern region has become one of the biggest trafficking hubs — from Assam, also from Arunachal Pradesh and adjoining part of West Bengal, several districts have emerged as trafficking hubs. And these girls specially... girls and boys both... girls are trafficked for everything and anything, right ...from child bride to child prostitution to child labour and so on. The boys are trafficked from Assam to work in Tamil Nadu and Karnataka. We have rescued children from Bengaluru who were trafficked from Assam. The human trafficking business was a $45 billion industry just five-six years ago. And the latest figures reveal that it has become a 150 billion dollars industry.

Rajnish Sharma: How much is the figure for India Kailash Satyarthi: Unfortunately, India is a destination. So children are trafficked from Nepal and Bangladesh basically to work in India. India is a source. Children are trafficked to other places from India...

Manish Anand: We have been clamouring for laws for any kind of social abuse, we demand that laws be passed. In Delhi, begging is a crime, there is a law against it, but at every roundabout, you see children as beggars. So when laws are not enforced, what is the meaning of laws Kailash Satyarthi: I have fighting for laws and I have been successful in some ways. But only laws can’t change society. I can’t see any history where laws have transformed society. Laws can help. But they can’t be the only way to transform society. Social consciousness is very important. We have to build consciousness in society. And that is why I have been appealing, to the faith leaders of different communities to speak strongly for children. But you hardly see this.

Sanjay Basak: How many gurus, sadhus and saints speak on this. You must have met Baba Ramdev What kind of response are you getting Kailash Satyarthi: No, I never met Baba Ramdev. I have been writing to them for many, many years. They don’t answer all these questions. I also met the Pope, and he keeps on speaking about social issues, but we need much more strong voices from the faith leaders and right from the bottom. I have been talking to some Muslim leaders also, the other leaders.

Suparna Sharma: As you said, child labour is a social evil. Does it help when the PM of the country romanticises his own days as a child labourer — a chaiwala Kailash Satyarthi: It’s true that he was a chaiwala. I have appealed to him that he has gone through suffering, mental trauma of selling tea on the railway platform and now he is a powerful PM and it is his turn to ensure that no child is compelled to become a child labourer or a chaiwala and I hope that he will be working on it.

Suparna Sharma: But sending out this message repeatedly, does that help Kailash Satyarthi: I don’t know but many people think if a chaiwala can become the PM why can’t we so, it may be helping in creating more hope in the minds of youngsters or poor people. That’s one part of it but now he has to make sure that no child is bound to sell tea on the platform in the street of any form of child labour.

Yojna Gusai: Are you happy with the way NCPCR is working Kailash Satyarthi: NCPCR is gearing up. It was defunct, there was no chairperson and members for quite sometime.

Suparna Sharma: Once you have rescued children from any situation, have you seen them come back Kailash Satyarthi: We saw that before but that is negligible now and I have learnt this from my own experience.

Once we rescue we make sure that they are rescued under appropriate law so it is not simply be going and liberating them with the help of police.

We use to liberate the children under the bonded labour law or the juvenile justice then the minimum age act, contract labour act. We try to bring every possible law in picture and then try to act accordingly so that these children who are freed are entitled to rehabilitation.