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Live : National Seminar on ILO & Child Rights

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Ladies & Gentlemen,

I on behalf of DSNLU, Vishakapatnam welcome you to live blog of National seminar on ILO & Child Rights on the eve of Commemoration of 100 years of ILO  ( April 1919 to April 2019).

To be precise about seminar ILO is the only international organization that survived the II World War even after the dissolution of the parent body, the League of Nations. Its main concern is to create awareness about World Peace, which is affected by unjust conditions of labor. Working with its 182 member states, the ILO is the only ”tripartite” UN agency bringing together representatives of governments, employees and workers to jointly shape policies and programs. On its 50th anniversary in 1969, the ILO received the Nobel peace prize.

DSNLU proudly presents the Seminar on ILO & child Rights as the Seminar with more than 162 participants presenting their work before the panel to make their paper published.

The inauguration ceremony is yet to start.

10:56 am: The panel and keynote speakers have arrived. P.V.G.V Prashanth reddy( Director of A.U) K.V Sharma (Guest of honor) Maharastra NLU.

11:07 am: Esteemed dignatories are invited on the dais for the lighting of the lamp.

11:11 am: Prof. S. Surya( Vice-chancellor, Dsnlu) has been asked to felicitate the guests.

11:15 am: Prof. M. Lakshmi Pathi Raju sir ( Ad-junc prof, Dsnlu) introducing the theme of the seminar. He stated that ILO has made a significant impact in recent times. he has stressed about 138 and 182 conventions. Almost 90% of countries have ratified the conventions belonging to the abolition of child labor. Not only children below 14years but above 14years who needs the stability are being protected. He stressed that without the support of Vice-chancellor the present seminar was not possible unto where the main interest of his lies.  He further stated that there is bonded labor, forced labor and child prostitute which are the worst form of child labor which has to be prevented. he has focused on methods of child labor i.e protection, prevention, rehabilitation of them to get out of such places.

11:26 am: Prof. S. Surya Prakash (Vice-Chancellor, DSNLU) giving the welcome address. India as a ratified member of ILO it is our responsibility to celebrate such a day. ILO is a tripartite organization which adopts the conventions prescribes the standards of wages and all issues relating to the employers and employees. Presently we have taken only one aspect which is child labor. He stressed on the declaration on the protection of child rights as the most important part of a man’s life is childhood. The child should not be at the third place expect in his school or home this is the object of the declaration. He has focused on Article 21A, 24 of the Constitution of India as Right to education under Article 21A is the fundamental right of the child to go to school and ended his opening remarks by reiterating the statement that child labor is not negotiable.

11:41 am Prof K.V Sharma ( VC NLU, Maharastra) emphasizedon Child Rights with respect to contract law transaction or agreement with Minor is void. Minor is not liable under contract but he is liable under the law of torts. The child even when he is in the mother’s womb is eligible to his right. The child is Doli In Capax under the law of crimes. Similarly under company law, a minor can be an agent and also he can purchase shares. In partnership Act section, 30 says a minor can be a partner. A minor can draw negotiable instrument without himself being personally liable. Sir has suggested making the right to food as fundamental right then implement all the other laws as you cannot expect a child not to work without the availability of food.

11:50 am  Prof P.V.G.V Prashanth Reddy ( Director of A.U) stated that Universities should keep conferences to change the mindset of parents. As they join their kids in some corporate schools which overburdens the children with a lot of syllabus over their head. The child from there is only focused to satisfy his parents and loses his childhood. Every parent in Andhra Pradesh only want their child to take computer sciences and not any other branch and want them to crack JEE and get into IIT. He stated that 20% of students in IIT’s are unable to complete the course because of stress and many students because of stress are becoming drug addicts. he has focused on Rights of the child doesn’t mean putting him in school where there is only mental exercise. In certain institutions, there is no policy of physical education but mere mental stress. To change this the mindset of the parent should change. He praised the present Cheif Minister of AP as the scheme of Ammabadi simply by sending the child to school a mother gets the amount of 15000/-rs. Sir has shared his personal experience of misbehavior of a Faculty with a girl child. Subsequently, he has been suspended. And sir has reiterated that time has arrived that every school must have a psychologist to guide not only children but teachers and administrators as they all have some role to play. Sir has concluded by stating that education without physical health affects child health.

12:20 pm: Prof. Bhavani Prasad Panda (Prof of Eminence, DSNLU) has been called to give the vote of thanks. He thanked Vice-chancellor and prof. Lakshmi Pathi Raju for organizing the event. The activist language used by guest of honor has made many people realize about the Child rights and Thanked Director of A.U for the change in the ideology of the members sitting in the hall.

12:22 pm: The presentation sessions are going to start at sharp 1:00 pm.

1:12 pm:

CHAIR:

SESSION 1: MOOT COURT HALL: PAPER 1:

CRITICAL ANALYSIS OF CHILD RIGHTS: A PERSPECTIVE FROM INDIA- KIRAN

Art. 4,9, 14, 25 child rights. State must take the responsibility in spite of being central matter. Only one rupee reaches to below poverty line people. Only publicization that’s happening in India. But statistics are different. India adopted National Policy for children. But how much is being done for the betterment? Delhi has 200 NGO Shutting down because of documentation.

Q: “why didn’t they have food?”

Children are being subjected to the responsibility to work.

The mentality of parents have to change of raising a girl child. Children pictures were being posted on OLX to sell her. Ar. 21 A link with Ar.51 of the constitution by 86th amendment. Rights and duties of parents are mentioned, but how much are being implemented? DPSP is also there, Ar. 39, no one is there to raise a question. Focussing on scams for publicity. Go in depth to understand the reality. 3 meals a day are not being implemented and children are forced to support their family. India is renounced for the traditions, people come to India for the tradition from foreign. In northern part of India, wife goes to husband’s place, but in Eastern place, husband goes to wife’s place. This is the main reason for gender disparity.

“Children must be showered with love”

  1. CHILD LABOUR A SOCIAL MENACE: SOMASEKHAR:

Child labor isn’t new thing, its being there from generations and it’s a discussing point. Chaturvarna system is a bad thing. Children from the last section have been working and this has been continuing in India. But, after so many conventions, a total failure of India has occurred. Why is the govt. failing? Children are being manufactured of Kashmiri rugs and sivakshi crackers. 24% of dropout of children from schools. Due to financial constraints of central govt. proper food is not being provided.  Govt. schools’ facilities are very meagre. A provision has to be made for once the child labour is removed, he must be admitted to school. All the children must be provided least facilities as granted out by Constitution. Child’s life is a boon given the nature. Lawmakers and other people have to make laws. All children must enjoy equal opportunity.

  1. Naveen Kumar:

India is 2nd largest nation, children are 37%. And orphans are 4%. Govt responsibility is huge with separate ministry. JJ Act etc. children are having lack of privileges and are being abused. What is a world without children? They are our future. Child rights are important. But people in orphanage is not having them. Because, they aren’t even included and are neglected. Floating children don’t have parents, food, basic dress. These children land up in orphans. They were left alone in streets. After 2013, govt. planned to map child institutions in India and to measure children in orphans. In 2019 budget is increased for children. In total budget few part is only for protection of rights. So, there is a failure. SC is held 1% reservation for orphans in a case. So, 5 steps were given, in this paper.

  1. Rugved:

Indian perspective: Child rights through constitution: broad interpretation by V. Sadasivam. “Children have fundamental and human rights and strong enforcement has to be done”- SC. 218 billion are there who are being deprived of human rights. Child marriage, homicide, malnutrituion is increasing. Education is to be given. Child soldiers. CRY is there. Malala got Peace prize for extreme contribution. Give definition of child and frame it. Implement art grass root level and pro-active judiciary has to be there.

  1. Udaysree: A ray of hope for future:

No proper definition of child. Different laws give different definitions. Below age of 14 and some say its 18. Every human being under 18 unless special mentioned. Child labour prohibition act person who hasn’t completed 14 years. UN, has accepted challenge for protection of children. They are suppressed and they need to have proper social security. To protect them to provide them with rights. Geneva declaration has to be binding on all people. Child has to be allowed to develop socially and spiritually.

Session II

TOPIC : ILO & Worst forms of Child Labor:

Professor Naga Raju,

ILO was established in 1919. In India, 22000 child labors were killed in various forms. India has highest child labor in world.

  1. Nehal Tapadia and Sarah Ayreen Meer, Christ University, Bangalore

Title- Child Minors: ILO’s Combat Against Worst Form Of Child Labour

The participant stated the basic introduction about ILO. ILO has set international standard for child labour. Children are most vulnerable when they are doing some hazardous work. Historical analysis consisted of various conventions-

ILO Conventions- Convention 77, Convention 124, Convention 138, Convention 182, Recommendation No. 192. Hazardous is defined in article 3(d) of Convention no. 182 WFCL.Recommendation 190 r/w the convention identifies “Hazardous work ”

 Comparative analysis and local governance strategies. Countries- Brazil, Burkinafaso and India. Brazil- Child and Adolescent Statute and Multi Sectoral Projects.  Convention 182 was ratified in Brazil. Burkinafaso-COBUFADE2001. India- ILO conv no 182 ratifiesd 6 convention relating to child labour. Conclusion- try to focus on how local government strategies help to abolish child labour.

Question- why the focus was only on age of the chid?

Answer-

  1. Anurag Mohan Samiksha Mishra, NLU Orissa

Title- ILO and Worst Forms Of Child Labour

The participant stated the following- Causes- poverty, unscrupulous parents wanting to earn quick profits, children are expendable. Effects- basic human rights violated, physically and psychologically harmful for children, cause of poverty, exposed to AIDS or other diseases. Worst forms of child labour. ILO- working against child labour since 1919. ILO convention 182- adopted by international Labour conference

Four kinds of child labour banned- modern slavery, bonded labour, sex work pornography, illicit activities, and any other work that by its nature is likely to affect health or nature of child. Ratification of ILO convention no 182- UN convention on the child rights of the child, 1989. ILO convention on minimum age for employment, 1973. ILO convention on worst forms of child labour, 1999 Child labour Prohobition and abolition Act, 1986 National policy on child labour, 1987

Juvenile justice (care and protection of children act). Role of Indian constitution and labour rights. Article 24 and 39. India’s stance on child labour reduction- partial restriction and ambiguity. Stated M.C. Mehta v. State of Tamil Nadu.

Suggestions- in India legislative reforms- minimum age, government should ensure benefits reach properly reach to children. Assuring minimum wages and adequate opportunity to access.

Question- what are the international law says separate definition of armed conflict?

Question- right to education is ‘free and compulsary’ or ‘compulsory and free’?

  1. Maneesha, T. Noel Pio Valavan, Tamil Nadu Dr. Ambedkar University

Title – ILO and Worst Forms Of Child Labour.

The participant stated- introduction -In 21st century child labour is a problem not only against law but against humanity. The main focus is the abolishment of child labour. ILO Convention 182, 17 th june 1999, 163 countries signed the convention. Slavery is defined under article 33 of ILO Convention No 182. 2015 UNICEF Campaign on child labour- it is a political agenda of general assembly. Poverty is the main reason for child pornography. Concluded with suggestions- give them proper attention, sufficient improvement of family.

Question by chair- is child labour per se against law?

Question by chair- What about Child Labour Act?

Question by chair- what about family system?

  1. Aparjitha Ramesh, VIT Chennai

Title-  ILO and Worst Forms Of Child Labour.

The participant stated-Child pornography- serious problem 20 % of pornography are below the age of 12 years. Under POSCO act, -2015 child pornography is defined. Conclusion- parents should look after child.

  1. Shalini Kothari, Vikramajit Mullick, Amity University, Kolkata
  2. Title- The worst form of child labor in the unorganized sector Vis-A- Vis Role of ILO

What is child labor?- child labor is one of the most insensitive forms of . how vulnerable are children in the unorganized sector? Reasons contributing to child labor practices in the unorganized sector- booming globalization, poverty, lack of education opportunities, worst forms of child labor- glass industry, domestic workers, bonded labors, forced labor. Role played by ILO in combating the worst forms of child labor- some prime instruments of ILO that cater to the problem of child labor are- Minimum age convention1973, minimum age recommendation, 1973. Worst forms of child labor convention. Conclusion- child labor not only deprives a child from acquiring the skills and education they need for a bright future, but it also leads to poverty and affects national economies. Proper awareness should be spread amongst the people.

Question by chair- why the bonded labour was not included in the presentation?

Question by chair- what is the difference between bonded labour and forced labour according to ILO?

  1. Attili Lakshmi Anuhya, Bhimireddy Chamanath, Symbiosis International University

Title – Child Abuse: Crime against Humanity

The participant stated- Child abuse is a crime against humanity. Effects of child labor on child health problems, psychological problems, stress, and trauma, anxiety, depression, legal perspective- developing, developed, non- developing. Indian constitution has supported that any kind of child labor or forced labor is illegal. Apart from the constitution, there are special provisions in the mines act, labor act, mc Mehta v state of Tamil Nadu, SC gave guidelines to prohibit child labor SC directed. Sheela barse and ors v uoi and Bndhua Mukti Morcha v. UOI. Conclusion- in India, child labor can be reduced by educational access and labor policies.

  1. Sanket

The Participant stated- ILO- tripartite body, 183 members of ILO, labor is not a community, freedom of expression and association is essential, poverty act as a danger. Role of ILO. Structure of ILO- international labor conference, governing body and international labor Office situated in Geneva. Worst forms of child labor- article 1 article 3. Bandhua Mukti morcha v uoi,  Sheela barse v uoi, Union for democratic right v. UOI. Children were rescued by gov working in bangle making industry. Exception- no child shall be employed as a model in any advertisement.

  1. kundana, VIT Chennai

Title- Migration and child labor

Stated Article 2(1), article 8, article 9. Under ILO definition age between 5-18 years prohibits child labor. Age between 10-14 years suffers the most from migration as they don’t know how to make money. Reason for migration- poverty, population, and violence. UN Convention Article 1,2,8,9,15,19(1), 20, 25, 29 and 39 provides the instruction on child protection. Indian legislation- child labor act, the right to compulsory education. Concluded by giving suggestions- laws and policies should be implemented and maintained, the government should take care of the health of children.

2:10 pm: Presentations have been paused participants are proceeding to have their lunch.

2:30 pm: The session has commenced and participants are nervous as the chair consist of two stalwarts of DSNLU.

Session- III

LH- 2

PRESIDED BY:

  1. Y. Ashok Kumar

 ILO always talks about creating world peace. Right to life, development, participation and many rights are advocated by ILO.

  1. Swapna Madhuri

Participants 1: Nirupama V. Shankar

                           Arathi V.

School of Excellence in Law

Topic: ILO and Child Labour

Child labour is in our society since time immemorial. The future welfare of society in in the welfare of society. Vast majority of children are working from sun up to sun down. A study found that 13yrs children carry 20kgs of weight in tea estates. The children have the risk of death in tunnels and other hazardous work. Place of Gujarat where 85%of diamond polishing was done. Childhood is the best time in a person’s life. The issue of child labour has become international concern. Child Labour is different to child work. Child work is a voluntary work by children.

Legislative and Judicial mechanism

India: Art14 Equality

PUDR V UOI There is lacuna how 24 must be interpreted. Justice Bghawati laid that how construction work is harmful for children

Art 21 Art 45 guarantees free education which has come affect through art 21 held in UNNIKRISHNAN V UOI

Limitless loop holes in legislation

Africa: Children from 9th standard should undergo child labour. Thy must undergo military training. There is no legislation to fill the lacuna in Eretria

C130 puts minimum restriction where laid down age limit for child labour. India recently ratified. Every single law is a law on paper. There is a fundamental obligation on the sovereign state to provide education to the children under UDHR.

2ND Participants: Mayuri V.S.

                              Kavinmalar R.

School of Excellence of Law

Topic: Child Labour – A Syndrome to be Cured

 

Child labour is often defined as a deprivation of their abilities. Whether child labour organisation succeeding in combating child labour

ICLO 2013 report presents the global estimates. Children in the teenage are less vulnerable to harmful work

Child Labour is mixed with many factors.

Girl child labour: Girl child labour faces more discrimination they are assigned with more tedious work less wages and long time work subjected to physical and sexual work

Domestic Child Labour

Bonded Child Labour: Work as bondage. They work to pay for the money their parents and relatives had taken as loan.

Child Labour around the World

Arica:2016 report indicates that 31.5 million children are engaged in hazardous work. Many actions are taken to end the epidemic of child Labour.

Australia:

US: Based on the reports there are nearly 5lakh child labour

India: 2011 Senses shows that there are a large number of child labour. There is slight decline in child labour from 2001 to 2011

Minimum Wage convention: The age should not be below the age of compulsory education that is not less than 15yrs

 Worst forms of Child Labour Convention

Conclusion: Elimination of poverty, free education, penalisation of the employees, levying of fines on the persons who employed them must be increased.

3rd Participants:

  1. Subodh
  2. Ayush Dwivedi

HNLU

Topic: Child Labour Influx in India and Ballasting Role of ILO

Progress of any society would come to a halt if the children of that society are not given ample opportunities. India need to eradicate child labour. Child Labour in carpet industry: The children are forced to work; Muslim communities are being involved in it.

NGO: RUGMARK, KALEEN and other steps are taken by NGO.

Child pornography is also more in India. Survival of the children is at stake.

Legislations in India regarding to child Labour:

CL(PR) Act 1986 prohibits child labour. Bhandua Mukti Morcha v UOI a committee was appointed and child labour was prohibited. Factories Act

ILO Convention 182: Art7(2)

Suggestions:

“Education is the most powerful weapon which can change the world”

The government schools must have where the children can study and work as well.

The citizens have an important role to eliminate child labour

4TH Participants:

  1. Milind Malhar Sharma
  2. Tushar Nair

OP Jindal Global University

Topic: Child Labour in India: A Critical Evaluation of the Past and the Present

We seek to answer two question

  1. Shift of child labour in India.

Child labour pulls down the children. It is present in country because of poverty, unemployment, underemployment, illiteracy. Children are not getting mental and physical development. From the point of employer children won’t have any ego and they will work without any bad intention

Organised sector basically does not have child labour because of strict laws

Unorganised sector has child labour in service sector, beedi manufacturing activities.

  1. Status of Legislation in India relating to child labour

The estimated number shows that there is decline in child labour. 2015 TO 2018 when we look at the violation of child labour 10056 violations are there. When we look at the conviction rates there is different among the states. Orrisa has least number of convictions and the convicted persons are easily escaping law

CLPA Act: There are certain provisions where child labour is allowed. The presenter to some extent agreed to child labour when there is a required situation but not in hazardous works. There is shift in the nature of child labour.

Suggestion:

More than the function of law we need socio economic change. We need to change our perception.

5th Participants:

  1. Mohamed Arashath S
  2. Abdual Wajit M

School of Excellence in Law

Topic: Effect of International Labour Organisation’s Measures on Child Labour

Majority of children are working in unorganised sector because of the socioeconomic conditions like poverty. ILO conventions 138 and 182. Children employed in mica mining in Assam and Jharkhand. Child labour activities like diamond mining is exploiting the children. Children should not work in field but in dream. C138 is to establish minimum age to engage into employment.

National Policy on Children 1987. The policy also aims to reduce the child labour through government policies. They provide a frame work for reducing child labour. Dr. LM Singavi report recommended changes to the legislations. The social scenario has changed due to industrialisation. Art.24 prohibits child labour in hazardous works. Child labour deprives the education facilities of the children. India has a largest number of child labour in world that is 44 million. National commission for protection of child rights held that age of 6 to 14 years is engaged in mica mining activities.

Suggestions: Social Protection

6th Participant:

  1. Teledevara Suryamegha

VITSOL

Topic: Tackling Child Labour and Analysis of ILO and Child Labour

True character of society is revealed how it treats the children. Due to economic problems children are forced to work. Most of the childhood is being passed in working in cracker manufacturing, beedi making works. Children are sent to work at the expenses of their education. CLPR Act, Art. 24 deals with child labour. Art 39 directs about the policy. C138 and C180. We have a genuine global development to eliminate child labour.

There’s no doubt that child labour is socioeconomic problem. India enacted various legislations in accordance with ILO conventions. MC Metha v State of Tamil Nadu it has been laid down that the education has to be provided to children who are engaged in hazardous work, financial assistance must be given to their families. Education plays a very imp role to eradicate child labour it has been laid down in MDGs. India has entered into various MOU with regard to child labour.

Suggestions:

Education plays an imp role in lowering child labour.

7th Participant: D. Thendraal Muthu

Tamil Nadu Dr. Ambedkar Law University

Topic: Ending Child Labour in Mining

In mining sectors children does not know what the world is. Humans are becoming greed in mining sector on the blood of children. Children are working in rat hole mines which closes when it rains. Reasons behind mining sector is corruption, lack of education and other. Stone mines, salt, gold mines affecting lungs, eyes of the children who are working in them. ILO C138 AND C182.

India needs better regulation relating to child labour in mining sector.

There needs sudden inspection in mining sector. India must be in compliance with ILO to deal with child labour because children are the developing pillars. The hands that develop the nation are in underground.

 8th Participants:

  1. Sai Roopesh
  2. Avik Sarkar

KLE Society’s Law College

Topic: ILO and Child Labour

Person should be given all rights without discrimination. Not only the age that says he is a child. Child labour in agriculture, industries and construction. In India most of the child labour are in agriculture sector. In cost of Ivory and Geneva employ more than 50% of children in coco fields.

In Congo children are being employed in cobalt mines because the cobalt has to be recovered with soft hands.

Service sector where the children in domestic work and had sexual exploitation. Children are employed as soldiers are because of displacement and poverty. Somalia, Africa are best examples of children soldiers. The displacement of children leading them to terrorist.

Sexual exploitation of children is also been more.

Eretria, Congo, North Korea, Somalia, Africa and India. Forceful military training and female genital mutilation are being widespread in Eretria.

Suggestions:

Giving Financial assistance to the families who are sending their children to work

9th Participant:

  1. K. Magesh
  2. S. Kishore Kumar

School of Excellence Law

Topic: ILO and Child Labour

In India child labourers are increasing day by day because of the poverty. Child labour is a global issue. Around the world millions of children are working as child labour. Rural poverty and Urban migration also cause child labour. An increase in poverty is easier to exploit children. Education is the most successful thing to reduce child labour. Smooth re-entry for the school drop outs must be provided. CLPR Act is for prohibiting the child labour.

Conclusion:

Child labour resulting in the decline of the physical and mental health of the children. ILO plays an imp role in decreasing child labour in the world.

10th Participant: S. Durga Devi

Tamil Nadu Dr. Ambedkar Law University

Topic: ILO and Child Labour

Children are the most precious gifts of the god. They are assets of a nation. Though there are laws still children are being engaged as labourers. Age is sole factor describing as a child. No child below the age of 14yrs should not be engaged in any hazardous works as per the Indian Constitution. ILO is working as a umbrella protecting the children from the sunlight of the child labour. Imp conventions of child labour are C138, Minimum Age convention and C180. ICRC says that the right of children to education must be protected. We have failed to provide universal access to education to the children. In 1994 India announced changes to CLPR Act. Apart from the Act, Indian Constitution has certain Articles relating to prohibition of child labour and there are various legislations such as Juvenile Justice Act. Children carry the prosperous future of a developing nation.

Technical Session IV

Chair: . K. Sudha

Co: – Chair: Sri R. Vishnu Kumar

Venue: Moot Court Hall

  1. Child Prostitution and trafficking: A global challenge for the whole world

Vedant Goswami

Christ Bangalore

The author provided a brief overview of conventions regarding trafficking. Trafficking is the sexual exploitation of children. I’ll be drawing parallels to the Indian models and will be pointing out lacunas in International Conventions and Optional Protocols. Article 3 of the Human Trafficking Protocol. It does not specify the age, hence who is a child/ adolescent left undefined. Children are not able to recover from the trauma; the protocol does not provide an adequate remedy for a specific age group.

UN Optional protocol of Sale of Children prohibition and child pornography. Optional protocol, it can’t be enforced since it is not ratified by most nations.

ILO convention 182, worst forms of the child labour deal with child trafficking, child pornography.

How to enforce?

India had no legislation to play until POSCO Act came into the picture. Poor no. of ratified conventions.

It provides a sense of anonymity to the child, protection of the child while giving evidence in court.

What can be done?

Children who have come out of child trafficking and could help to guide other children. Their participation could help in identifying patterns of child exploitation…

Special services to children who have been trafficked need to be provided, rehab is the key. Hence suitable legislation must be brought into picture. Special services would include all the services to improve the mental and emotional condition of the children. Sweden protects prostitutes even though it penalizes buying and selling of women. India should decriminalize prostitution and in a way would be able to protect people. “

Question: Age defined in POSCO? whether age is physical or mental. Elsa case physically 37 years but mentally she was 9 years of age who was forced into prostitution

Ans: Thanks for the question. But the Act doesn’t classify between physical and mental age, this is a lacuna in the legislation and rightly needs to relooked into.

Question: India penalizes pimping? But other acts connected with prostitution are legal in India? Do we have any law in India dealing with the prosecution?

Ans there is no law regulating prostitution.

Follow up by the chair: Immoral Trafficking of Women Act, IPC has several provisions. You spoke about the Sweden model. I think that’s a good idea, but how is it connected with child prostitution

Ans: It needs to be legalized in order to be regulated. Else there is no alternative left. When Sweden legalized, rape cases went down significantly. Buy sex, no need to force people.

Q: Do you think whether this model will be accepted in India?

A: It is not easy to compare both countries. Sweden is a developed country. It is giving some rights to prostitutes, In India, people selling their bodies need to be saved first.  At the same time, it keeps a check on human trafficking.

        2. ILO and Child Prostitution

M Aashish & B Gharishma School of excellence in law

“Welfare of a community depends upon the welfare of the children. Poverty is to be blamed for this plight. Rights of the child can be traced back to the 19th century in a newspaper article. 1924 Geneva declaration, 1959. 41.2% below 18 when they entered prostitution. The main purpose of commercial sexual exploitation. Both internally and across cross borders. Cited examples of Cambodia, Vietnam. How they entered prostitution? Globalization, open borders, inequality. Resulting in destitute. Thailand has the highest no of illegal prostitutes. Impact of Child prostitution, no insurance, no social service. Ethical minorities and tribal people are the worst off. Right to food should become a fundamental right. Rescue the girl child.”

        3. ILO and child prostitution

  1. Aishwarya and A. Raja Manickam

 Tamilnadu Dr Ambedkar law university

“During the British rule in India, they started maintaining brothels etc, resulting in Red light areas in Bombay. Women from across the globe were recruited for this purpose. Devadasi system resulted in the exploitation of women in temples dominated by upper castes.

Reasons behind prostitution

  1. Why children are chosen rather than adults: easy to fool, fear hence easier to exploit and obviously more physical power.

      2. Superstition: Having sex with children prevents HIV

      3.Pedophiles

Measures were taken by ILO

UN CRC all children are born free and have an inherent right.

Optional sale of children protocol 18th Jan 2002, right of a child and request the parties to prohibit ..

Convention 182 and R 190  by ILO

Worst forms of child labour convention prohibit the use of children in armed conflicts, prostitution, pornographic performance,

Convention No 29 Forced labour convention

Convention No 105, Abolition of forced labour convention

JJ Act 2000 children in need of care and protection and children in conflict with the law.

POCSO Act.

All children should be provided basic education, should give the child for adoption rather than abandoning.”

Feedback: regarding the flow of your presentation make it more structured

Feedback How does ILO contribute to the Indian scenario could have been mentioned

Session V :

The theme of Session: ILO Constitutional principles & DPSP

Chair: Dr.  Aruna & Soma Bhattacharya

  1. Mrudula Nagesh

         Formation of ILO was for the purpose of providing equitable positions for the labor. The constitutional DPSP was to act accordingly even though they are enforceable in the court of law. Art 39,41,39(f). Successful acts as in Protection of child labor act has been passed as a measure. The main focus of the author is on postmodernism in law. The laws must be neutral and not preconceived to anyone. The laws were only concentrating on what we have but not what we need in the future.

question

Neutral laws are such laws which work equally for both the parties.

Remarks: The continuity was lacking while flowing down with DPSP and subsequently the presentation was good. It would have been better if the author would have narrowed down the topic.

         2. G. Hari Haran & Manoj:

             Slavery is a cruel form of child labor. Mian objective is to raise the standard of living and assurance of social security. Article 23,24 are primary articles relating to ILO. The ratified conventions are recreated as acts. The author has focused on human trafficking & especially women forced into trafficking are subjected to health risks. The author used precedent Sanjit Roy v State of Rajasthan to understand forced labor in depth. The primary aim of the convention of child labor prohibition is to bring uniformity in other laws N. Bhagirathan v State. The author spoke about punishments under the convention and IPC 366B & 377 sections.

questions:

Are the initiatives of convention bringing some change?

The answer to the author has no source or data to prove his stance.

3. Sri Naresh :

                The author started with statistics of the child labor in relation with Indian Constitution Article 23 & 24 as primary Articles which were mentioned by the author. The right against exploitation safeguards women and children. The author the case of people’s Union democratic Rights v UOI to make their stance strong. A child working in hazardous industries is covered under wide conventions and precedents and quoted the case of Siva Kasi Crackers.

Suggestions:

Article 24 of the Indian constitution has to be amended as hazardous is mentioned in Article 24 which only speaks about any risk.

The 14years has to be extended to 18 years as the age of the child.

Question:

Is there any Judgement which speaks about Rehabilitation

The author was unable to answer.

Chair provided them with answer i.e MC Mehta v State of Tamil Nadu

4:55 pm: The presentations for today have been concluded and will be resumed at sharp 10:00 am.

10:14 am: The presentations have been resumed.

Session VI

Chair: Prof.Dr.Dayananda Murthy. Prof. Dr. N. Bhagya Laxmi

Topic: Juvenile delinquency.

  1. G. Mithun Prakash & Bala Ganeshan

The JJ Act provides for the social reintegration of children. The exceptional care has to be given to children. Juvenile delinquency is that an offense is ought to be committed by children. Report on National crimes around 32000 of child crimes has been recorded all these offenses are petty offenses and can be done right through counseling.

Reasons for juvenile delinquency:

  1. Broken Family
  2. Lack of communication between parents and children
  3. Lack of financial aid.
  4. Lack of social and moral training.

During 1850 and 1990 any legislation governing juveniles has been passed. From past to present the penal legislation has changed to the reformatory. Art 15(3), 45, 45 of JJ Act has been stressed by the author. The act apart from providing the protection it gives juvenile adjudication.

Juvenile in conflict with law is defined under section 2(I) of the Act and section 2(d). The author discussed the composition of the board of the Juvenile Justice Act. In India, a juvenile is treated as doli in capax. The author focused on section 82 & 83 of IPC 1860. According to psychologist access to pornography and violence is making changes in the behavior of children.

Suggestions:

JJ board members must be trained in child Psychology

Observation homes have to be established.

Effective implementation of laws relating to juvenile delinquency.

Conclusion: Lack of understanding the consequences of a juvenile who is not having guidance is the main cause of juvenile delinquency. It should be ensured that children must be given adequate training to have a rightful place in society as they grow up.

2. Apoorva & Avinash Reddy:

The author has quoted 3 Acts for combating juvenile rehabilitation. The JJ Act is act is for the object of rehabilitation of children. Chid rehabilitation institutions are treated as last resort. The children left in the childcare institutions are to be given proper care as it is conducive to the child growth development. The author stressed on ILO recommendation of 190 as it has a detrimental influence on mental and physical health. The children are in need of constant rehabilitation for their mental growth.

ILO convention number 182 Support to children who are trapped in Certain state of mind.

3 phase of child labor prohibition

  1. Before1986
  2. Between 1986 and 2006
  3. Post-2006 ( Additional measure to support child labor)

The Phase of 2006 has brought change in the NCLT view of children. The JJ Act adopted a multi prompt approach.

The author has stressed on section 41 of children’s Act 1960. At this time the offense of children is applicable to parents. ILO Convention 182 also covers victims of any armed conflicts.

The JJ Act covers recommendations of 190

  1. Monetary mechanism
  2. Doubling the punishment for a person who commits a crime against disabled children

Suggestions:

Awareness to children from preventing them to enter into child labor.

Enhance punishment to repeat offenders under the JJ Act.

Topic ILO & Child Labor

 3) Abhigyan

 Labor and crime are connected as one is reciprocal to another. If a child is involved in petty crimes for the sake of money it is to be said that they are repetitive in nature. The abuses, threats etc received by the child will stop the mental development of the child.

Poverty

The competitive approach of the child

ILO stressed two things:

  1. Poverty
  2. Cruel and unsocial organizations.

Labor & maltreatment and labor & crime are connected to each other. The children generally do what they see. Social bonds make great impact on child behavior. The author stressed the contribution of ILO reports ILOEC  and global flagship programs. The author stressed on governmental policies for recruiting the teachers for the mental development of the children. The author stated that NGO’s are successful in giving relief to children.

Questions:

Social development theory how far is it implemented in Indian society?

The author was not able to answer the query of the chair.

Whether the High court and Supreme Court are focusing on the present topic & whether there are any precedents relating to this?

The author answered by saying there are many judgments but there is no effective implementation.

Juvenile Domiciliary Enslavement in India by R. Regamitha & Pooja. C, School of Excellence in Law

Has India approached the vision of APJ Abdul Kalam. India is the most democratic country in the work. Sacrifice of today is betterment of children tomorrow. Factors of child labour

  1. Age
  2. Sex

Who are they recruited? People from marginal groups fall prey to this.

  1. Remuneration

What does domestic child labour include, washing chores, cleaning, baby sitting easily up to 15-16 hours per day without any leave.

  2. Illiteracy of Parents.: Education is a waste of money, loss of potential earnings from child labour.
  3. Expensive Education System
  4. Male domination: Preventing women from obtaining education, restricted in household chores

Effects and Consequences

  1. Physical effects
  2. Social effects
  3. Psychological effects

We take two conventions of ILO and one of UN

Minimum Age convention of ILO, Domestic workers convention, Un convention on the rights of child workers.

Legislative measures

Child labour regulation Act 1986

Domestic workers, and social security act 2010

Constitutional provisions

Article 24,23,39 of the constitution of India

To conclude every child must be educated, education should be converted to knowledge towards ideas, from ideas to proper human being.

Q: Have you refereed to the labour code for the purpose of informal sector?

A: No sir.

Q: Highly paid education system, what about government schools?

A: Parents want their best for child, besides, minimum fees of 300.

Q: What about right to food?

A: Our suggestion is domestic workers should in school, Mid-Day meals are there in India.

Thankyou.

 

The detrimental effect caused by the transfer system in JJ act 2015 by R.K. Padmanabhan , Madhumita C.J , Tamilnadu Dr. Ambedkar Law University

Sako vs State of UP: modus operandi of courts towards juvenile delinquency. The Act is a violation of the court philosophy. JJ act has its rooted since the British India. Two themes pre Nirbhaya and Post Nirbhaya act 1986 was to save juveniles from punitive treatment and aim for a reformatory treatment act 2000 was there to plug the loopholes. It made use of better terminology juvenile in conflict with law, also mentions of Child Welfare Committee, no juvenile should be placed in police custody. Was the outcome of 2006 amended? Post Nirbhaya there was a need to reduce the minimum age from 18 to 16. Resulting in 2015 JJ act. Sarith bali v UOI, age of majority has to be fixed based on psychological behaviour of the child.

Setbacks for JJ Act 2015, 264th Law commission report.

  1. Increase in crime rate 1.2 % increase. (NCRB)
  2. Laws would turn regressive, if it relies on exaggerated media reports.

Article 3 of UNCRC to follow and enact laws based on the interest of child. Poor children are sent to hardened criminals as a result of juvenile delinquency, JJ act 2015 is not based on intelligible differentia as 16 years cannot be equated with adults. Unequal amongst equals. Article 37 of UNCRC it obligates detention as a measure of last resort, but this act puts it as the first priority. Arbitrary assessment after reaching the age of 21. Prior to 1980 state takes the role of parent, this is not the case anymore.

Thus, I’d like to conclude what if a 15-year-old commits a crime, would that further call for reduction of the age of minority. Hence the 2000 act failed not due to flawed legislation but rather due to poor implementation of the Act.

Q: See law is not static, but haven’t the kids in US not used guns or ammunitions, what’s your opinion of that

A: Psychological aspects need to be taken care, if put into prison they’ll be hardened prisoners.

Q: Place of safety is different of jail, right?

A: If no place of safety is there that would mean they would end up in jails.

Q: Is enforcement the issue?

A: yes, the welfare committees have not been formed yet which was promised in the legislation.

Combating Sexual Abuse by A. Anuradha

On the occasion of completion of 100 years of ILO, I would like to present an issue regarding child sexual issue and analysis.

Worst forms of child labour. India has ratified the convention in 2017. Convention No .182.  it talks about to Induce offer a child for pornography or pornographic performance. Article 8 of the convention, Members shall take appropriate steps to assist one another in giving effect to the provisions of this Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education.

ILO recommendation of R 190. Accordingly, child labour act was amended in 2016. The ILO C 182 and its optional protocol.  childhood.

I am pursuing my PhD on child sexual abuse. I would like to end up Nelson Mandela’s thoughts on Children Let us reach out to the children. Let us do whatever we can to support their fight to rise above their pain and suffering.

Q: Have you referred to post Nirbhaya situation

A: No, I’ve restricted the scope till C 182

Q:  how effective has C 182 has been in India

A: That needs to be looked into

Chair: thank you so much 3-4 presentations were very incredible. They were very pragmatic suggestions offered which must be considered. Some spoke about theories; which India has always lacked. Reference to Convention 138 was a masterstroke. Thankyou DSNLU and organising community for inviting us for such an informative session.

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