Indian child labor act

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U.S. Department of Labor

Child Labor and Forced Labor Reports

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India

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2023 Findings on the Worst Forms of Child Labor:

Moderate Advancement

In 2023, India made moderate advancement in efforts to eliminate the worst forms of child labor. The government extended its Fast Track Special Courts, which expedite the trial process for sexual offense cases, including the commercial sexual exploitation of children. The Railway Protection Force and Government Railway Police rescued 858 children from railway platforms, preventing them from being exploited for labor exploitation or sex trafficking. Several states provided rehabilitation and financial assistance to 654 adult bonded labor survivors and their immediate families. However, despite these efforts, the government's existing hazardous work prohibitions do not include all occupations in which children work in unsafe and unhealthy environments, and penalties for illegally employing children are insufficient to deter violations. Prosecution rates for crimes related to the worst forms of child labor, including child trafficking, remain low and the mistreatment of child labor victims by the police remains a concern. Through the enhanced enforcement of the Foreign Contribution Regulation Act, the government continued to revoke the licenses of nongovernmental organizations and civil society organizations, some of which work to address the worst forms of child labor.

I. Prevalence and Sectoral Distribution of Child Labor Statistics on Children's Work and Education
ChildrenAgePercent of Population
Working5 to 141.0% (2,119,846)
Hazardous Work by Children15 to 17Unavailable
Attending School5 to 1490.7%
Combining Work and School7 to 140.4%

Overview of Children's Work by Sector and Activity

† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

Children at Higher Risk

In India, migrant children, low-caste children, and religious minorities are vulnerable to child labor, commercial sexual exploitation, and familial debt bondage. Girls from such disadvantaged communities are vulnerable to forced and bonded labor in the home-based garment sector. Caste-based discrimination and poverty renders Dalit children especially vulnerable to child labor. Children are vulnerable to labor exploitation in sectors in which adults from marginalized castes face labor exploitation, such as shrimp processing in Adhra Pradesh, where children reportedly accompany their families in debt bondage. In some cases, girls from the Dalit community are particularly vulnerable to exploitation. Furthermore, climate change in India is pushing more children into child labor as children drop out of school to help their parents make up livelihoods lost to extreme weather events. Maoist groups reportedly forcibly recruit children in Chhattisgarh and Jharkhand to handle weapons, serve as human shields, and for use as cooks, porters, and informants in armed conflict. Reports indicate that some non-state armed groups recruit girls for sexual exploitation, including practices indicative of sexual slavery.

Barriers to Education Access

In India, school budgetary constraints, inadequate transportation for children in rural areas, a lack of separate and sanitary washrooms for female students, and inadequate infrastructure in existing schools present barriers to education access. Limited direct recruitment for teaching jobs and a cumbersome teacher recruitment process has led to high pupil-teacher ratios, severe teacher vacancies, and a non-availability of teachers with subject matter expertise, adversely impacting quality of education. Lower-caste Hindu children, members of tribal communities, and religious minorities face discrimination and harassment by education officials. Lower-caste children in some schools are segregated from other students, given less food than higher-caste students, relegated to seats in the back of classrooms, and assigned tasks like cleaning toilets during the school day.

II. Legal Framework for Child Labor

Laws and Regulations on Child Labor

* Country has no conscription

India's new criminal code, the Bharatiya Nayaya Sanhita, went into effect in 2024. India's hazardous work regulations for children ages 14 to 18—established in the country's Occupational, Safety, Health, and Working Conditions (OSH) Code—do not include all sectors in which children are known to work, including spinning mills, garment production, and carpet making, which expose children to dangerous machinery and difficult working conditions, including long hours. The OSH Code has not been universally adopted at the state level and the deadline for state-level adoption remains unknown, rendering children in some states vulnerable to child labor. The OSH Code only applies to institutions with 10 or more employees, leaving workers in smaller workplaces unprotected. India's child trafficking laws do not meet international standards as they require the use of force, fraud, or coercion to establish child trafficking offenses. Although sources report that the minimum age for voluntary recruitment into India’s Armed Forces is age 16 and that individuals must be age 18 to be deployed, these legal provisions are not publicly available and could not be verified.

III. Enforcement of Laws on Child Labor

Agencies Responsible for Child Labor Law Enforcement

Enforcement Mechanisms and Efforts
Overview of Enforcement Efforts2023
Has a Labor InspectorateYes
Able to Assess Civil PenaltiesYes
Routinely Conducted Worksite InspectionsUnknown
Unannounced Inspections PermittedYes
Has a Complaint MechanismYes
Imposed Penalties for Child Labor ViolationsUnknown
Conducted Criminal Investigations for Worst Forms of Child Labor CrimesYes
Imposed Penalties for Worst Forms of Child Labor CrimesUnknown

It is unknown how many labor inspectors conducted worksite inspections, or whether child labor violations were found. In addition, although investigations into suspected cases of the worst forms of child labor were conducted, the total number of investigations is unknown. However, the Government of India reported that 609 prosecutions were initiated, and 181 perpetrators—including cases pending from previous years—were convicted for suspected worst forms of child labor crimes.

IV. Coordination, Policies, and Programs

Key Mechanism to Coordinate Government Efforts on Child Labor

Key Policies Related to Child Labor

Key Social Programs to Address Child Labor

For information about USDOL’s projects to address child labor around the world, visit https://www.dol.gov/agencies/ilab/ilab-project-page-search
† Program is funded by the Government of India.

V. Suggested Government Actions to Eliminate Child Labor

Suggested Government Actions to Eliminate Child Labor

VI. Worker Rights Spotlight

In India, workers face obstacles forming and maintaining unions. These obstacles include provisions requiring at least 100 workers or 10 percent of the workforce (whichever is lower) is represented in the union; a lack of collective bargaining rights for civil servants; the illegality of strikes in Kerala; and the illegality of strikes regarding essential services in Tamil Nadu.