This article is written by Bharathi Priya S of 8th Semester of School of Excellence in Law, TNDALU, Chennai, an intern under Legal Vidhiya
ABSTRACT
Children represent the future citizens of our nation, and ensuring their optimal growth stands as the foremost priority. This universal truth, however, coexists with a harsh reality: a significant number of children worldwide engage in activities categorized as labour. From commendable contributions to morally objectionable and physically hazardous tasks, child labour spans a spectrum of complexities. India emerges as one of the leading nations where child labour constitutes a considerable portion of the workforce. Despite heightened attention from the government, social scientists, and voluntary organizations, the prevalence of child labour persists, challenging the constitutional guarantees of children’s rights. Statistics reveal that over 13 million children toil as labourers. Addressing this challenge becomes paramount, considering that 35.3% of the population is below the age of 15. The destiny of India lies in the hands of these children, demanding urgent focus on their education and skill development. Corporate entities and civil societies are actively championing the cause, striving to uphold children’s rights and promote education. Despite ongoing efforts to eliminate child labour, its endemic nature in India necessitates intensified eradication endeavors. Incorporating real-world case studies, the article highlights diverse initiatives undertaken by reputable corporate entities to eliminate child labour. These case studies serve as practical illustrations of how CSR can be leveraged as a potent tool in the fight against child exploitation, showcasing innovative approaches and best practices. This legal analysis strives to contribute to the ongoing discourse surrounding CSR and child labour, offering insights that can inform policy decisions, corporate strategies, and academic research in the pursuit of a world free from the scourge of child labour.
Keywords
CSR, Child Labour, CSR Initiatives, Supply Chain, Business strategy, Poverty, Education Programme, Training, Corporate Strategy
INTRODUCTION
A business strategy known as “corporate social responsibility” (CSR) incorporates social and environmental concerns into regular business operations. Its evolving prominence in society is a reflection of companies’ increasing desire to make meaningful contributions that go beyond financial gain. Ethical business practices, community involvement, environmental sustainability, and social impact programs are all included in modern CSR. Extending beyond mere philanthropy, it prioritizes long-term sustainability, aligning with societal expectations of responsible corporate conduct. This approach cultivates a mutually advantageous relationship between businesses and the communities they engage with. This article aims at exploring how Corporate Social Responsibility shapes a path towards eradicating child labour, fostering a socially responsible and ethical business landscape.
CHILD LABOUR
Child labour pertains to employment that is mentally, physically, socially, or morally perilous and detrimental to children. Additionally, it includes any work that disrupts their education by either preventing them from attending school, forcing premature departure from school, or demanding an attempt to balance school attendance with excessively long and strenuous Labour.[1] As per the International Programme on the Elimination of Child Labour (IPEC), child labour can be defined as “Labour that deprives children of their childhood, potential, and dignity, posing harm to both their physical and mental development”. [2]
CAUSES OF CHILD LABOUR
Child labour is widely considered a socio-economic issue, with illiteracy, ignorance, low wages, unemployment, substandard living conditions, social prejudices, and overall societal backwardness identified collectively as the primary root causes. Officially, it is asserted that child labour is no longer a means of economic exploitation but rather a response to the economic needs of parents and, in many cases, the child. According to Prof. Gangrade, child labour results from factors such as traditional attitudes, lack of schooling, parental reluctance to send children to school, urbanization, industrialization, and migration.[3]
Poverty: Families in poverty rely on child labour for economic survival, viewing it as a means to meet basic needs. Extreme poverty prevents parents from investing in their children’s development, compelling them to view their children as income sources. Poverty-induced diseases and disabilities disrupt family budgets, pushing impoverished parents to send their children to work. According to the report of the Committee on child labour’s report, the ongoing factor leading to the prevalence and persistence of child labour is chronic poverty.[4]
Economic Pressures on Families: Unemployment, underemployment, and mounting debts force families into heartbreaking choices, resorting to child labour out of sheer desperation.
Lack of Quality Education: Limited access to quality education hinders breaking the child labour cycle, pushing children into the workforce prematurely.
Lack of Child Labour Awareness: Ignorance about the harmful effects of child labour perpetuates the issue, with families not fully comprehending the toll on their children.
Conflicts & Mass Migration: Conflict and mass migrations expose children to harsh labour realities as they lack proper support systems.
Gender Disparities: Girls, facing discrimination, engage in unpaid domestic labour, depriving them of education and childhood.
Environmental factors: Natural Disasters & Climate Change from disasters disproportionately affect marginalized communities, pushing children into labour to support their families.
Demand for Cheap Labour: Industries seeking cheap labour exploit children, often unaware of their rights, perpetuating child labour. Adolescent children may be enticed by the perception of earning money and independence in the labour market.
Lack of Stringent Legislation: Weak or poorly enforced legislation allows child labour to persist despite progress in India’s laws against it.
INTERNATIONAL FRAMEWORK
The international community considers the elimination of child labour a crucial policy objective. The Convention on the Rights of the Child, the ILO Minimum Age for Admission to Employment Convention (No. 138), and the ILO Worst Forms of Child Labour Convention (No. 182) establish the legal foundation for both national and international efforts against child labour. These instruments place an obligation on countries to safeguard children from all forms of child labour. The significance of eradicating child labour is emphasized in documents such as the ILO Centenary Declaration for the Future of Work (2019) and various other instruments. Most recently, the Durban Call to Action (2022), stemming from the Fifth Global Conference on the Elimination of Child Labour, urges a renewed commitment to eliminate this practice in all its forms by addressing root causes and implementing comprehensive actions.[5]
Corporate Social Responsibility (CSR) codes and policies started incorporating the language of human rights when the United Nations Human Rights Council (UNHRC) endorsed the Guiding Principles on Business and Human Rights in the year 2011[6]. These principles are grounded in three essential pillars:
- recognizing the state’s existing duty to protect individuals from human rights violations by third parties, including business enterprises;
- acknowledging the influential role of business enterprises in fostering economic growth and poverty reduction, necessitating their adherence to existing laws, regulations, and the safeguarding of human rights; and
- emphasizing the importance of aligning rights, obligations, and ensuring effective access to remedies.
The Guiding Principles encompass 31 principles applicable to all states and business enterprises.
Principle 12 of the Guiding Principles, along with its commentary, asserts that the responsibility of a business enterprise to uphold human rights extends to internationally recognized human rights, as well as the rights of individuals belonging to specific groups or populations requiring special attention, such as children[7]. The rationale behind the imperative for business enterprises to safeguard children’s rights lies in the enduring and potentially irreversible impact that business activities can have on children. In alignment with the commitment to protect the human rights of children, the United Nations Children’s Fund (UNICEF) offers a comprehensive framework to understand and address the influence of business on the rights and well-being of children, known as the Children’s Rights and Business Principles[8].
Within the framework of the Children’s Rights and Business Principles, the endeavor to eradicate child labour is closely associated with the following principles:
(a) Business enterprises should acknowledge their responsibility to uphold children’s rights and pledge support for the human rights of children (Principle 1).
(b) Business enterprises are urged to actively contribute to the eradication of child labour, encompassing all their business activities and relationships (Principle 3).
(c) Business enterprises should guarantee the protection and well-being of children in all their business activities and facilities (Principle 4).
(d) Business enterprises should collaborate with community and government initiatives to safeguard and fulfill children’s rights (Principle 10).
UNICEF’s Principle 3 outlines actions for businesses to eliminate child Labour.[9] These include establishing age-verification mechanisms in recruitment processes, preventing workplace hazards, and mitigating young workers’ work beyond their capacity. Businesses should work with communities, child rights organizations, trade unions, and governments to promote sustainable solutions. Supporting community efforts, such as social mobilization and awareness raising, can help eradicate child Labour. Partnerships with other companies, sectoral associations, and employers’ organizations can develop an industry-wide approach to address child Labour.[10]
To fulfill their obligation to uphold the human rights of children, business enterprises ought to establish suitable policies and procedures. These should encompass:
- a policy commitment to uphold children’s rights, informed by relevant expertise;
- conducting human rights due diligence; and
- implementing child-sensitive processes to address any negative impact on children’s rights resulting from the actions or contributions of the business(Remediation)
Various laws addressing Child Labour issues
The State Governments, acting as the relevant implementing authorities, conduct regular inspections to identify instances of violations. Recognizing poverty as the primary driver of child labour, the Government places significant emphasis on rehabilitating these children and enhancing the economic well-being of their families. Various policy initiatives and programs have been introduced by the Government of India to address the escalating issue of child labour, with a proactive approach involving stringent enforcement of laws.
a) The Child Labour Prohibition Act of 1986[12] prohibits the employment of children below the age of 14 in numerous professions, such as domestic Labour, and in the hospitality trade. For Eg, hotels, spas etc. However, it does not specifically prohibit child Labour in agriculture.
b) The Right to Education Act of 2009[13] ensures that all children between the ages of 6 and 14 have the right to receive free and compulsory education.
c) The Indian Constitution[14] safeguards the rights of all children aged 6-14 to free and compulsory education, prohibits forced Labour, restricts the employment of children below 14 years in hazardous occupations, and advocates policies that protect children from exploitation.
d) Anyone employing or allowing a child to work can face imprisonment ranging from three months to one year or a fine of no less than INR 10,000–20,000, or both.
e) The Juvenile Justice (Care and Protection of Children) Act of 2000[15] defines a child as someone below 18 years of age. In accordance with the Convention on the Rights of the Child (CRC), ratified by India in 1992, all children have the right to be shielded from work that is perilous or may jeopardize their health and education.
Various legislations such as The Children (Pledging of Labour) Act 1933 was the first law against bonded labour. Employment of Children Act, The Factories Act of 1948, The Mines Act of 1952, The Plantations Labour Act 1951, The Motor Transport Workers Act 1961, The Child Labour (Prohibition and Regulation Act), The Formulation of a new National Child Labour Policy , The Juvenile Justice (Care and Protection) of Children Act of 2000, The Right to Children for Free and Compulsory Education, The Enactment of the Child Labour (Prohibition and Regulation) Act, The setting up of Taskforce on Child Labour, The Adoption of Convention on the Rights of the Child, the Initiation of National child labour project (NCLP) in 1988 to rehabilitate working child labour in the endemic districts of the country etc., are introduced by the Government to eliminate child labour and to promote and uphold rights of the children.
CSR INITIATIVES OF CORPORATE ENTITIES TO ELIMINATE CHILD LABOUR
ITC is committed to a “No Child Labour and No Forced Labour” policy, ensuring that no one below eighteen is employed, and avoiding associations with suppliers using child or forced Labour. The policy is effectively intimated to all employees. The company’s units have robust systems to uphold policy compliance and address grievances.[16] The Sustainability Compliance Review Committee monitors and evaluates policy adherence regularly, reporting to the Corporate Management Committee quarterly. Oversight is provided by the CSR & Sustainability Committee of the Board. ITC actively contributes to education and skill development through targeted programs, benefiting over 3,30,000 rural children. These initiatives aim to boost enrollment, reduce drop-outs, enhance infrastructure in government schools, and provide vocational opportunities, ultimately empowering children for a brighter future.
The Cotton Textiles Export Promotion Council (TEXPROCIL) underscores the urgent need to eliminate child labour throughout the value chain. Emphasizing global cooperation, it urges importing nations to formulate specific restriction lists for products involving child labour. TEXPROCIL advocates mandatory registration of carpet looms, a code of conduct to eradicate child labour, and the introduction of welfare facilities. These measures, it asserts, are crucial steps towards creating a responsible and ethical industry, aligning with global efforts to combat child labour[17].
The Sports Good Foundation of India (SGFI) case revolves around Jalandhar’s inflatable ball industry’s united response to combat child labour in production. Media exposure during the 1998 football World Cup prompted a boycott of balls from India and Pakistan. Responding to the crisis, Pakistan endorsed the Atlanta Agreement, fostering collaboration among stakeholders to monitor and address the issue.[18] Similarly, Jalandhar’s manufacturers formed the Sports Good Foundation of India (SGFI) to monitor child Labour within its members. SGFI actively oversees production and investigates any allegations of child Labour, demonstrating a dedicated commitment to ethical manufacturing practices.
Inditex demonstrates its commitment to responsible business practices through the Vidya Project, a Corporate Social Responsibility initiative. Focused on addressing risks related to unauthorized outsourced work in northern India, Inditex took proactive measures after uncovering unacceptable conditions in subcontractor facilities. The Vidya Project aims to eliminate unauthorized outsourcing, enhance working conditions, and ensure ethical practices across the supply chain. Inditex’s efforts include age verification measures, promoting safe workplaces, guaranteeing fair wages, and discouraging subcontracting. With over 400 competency visits, Inditex collaborates with suppliers to implement positive changes and uplift communities, emphasizing social responsibility in every step of its operations.[19]
Illustrating the cocoa industry, a pivotal instance is the Harkin-Engel Protocol of 2001. Forging an alliance between the World Cocoa Foundation and Cocoa Manufacturers Association, the protocol sought to create a globally accepted system of standards, monitored independently, to identify and eradicate the most egregious forms of child labour, in line with the International Labour Organization Convention No. 182. The protocol introduced certification ensuring cocoa and its derivatives are free from child labour. This proactive step not only heightened corporate accountability but also instilled a sense of responsibility, emphasizing the imperative of eliminating child labour in the cocoa or chocolate industry.[20]
The prevalence of child labour in India’s mica mining industry, as reported by The Age, Australian Newspaper, highlights a significant concern, with 86% of the country’s mica exports in 2010-2011 being unregulated. To combat this issue, companies are now turning to social auditing to ensure child labour-free mica production. L’Oreal’s supplier, Merck, conducts regular social audits since 2007, partnering with Environmental Resource Management for monthly assessments. Merck collaborates with NGO Bachpan Bachao Andolan to establish ‘child-friendly villages,’ actively reducing child Labour in mica-sourcing communities.[21] Esteé-Lauder, engaged with BBA and the National Resources Stewardship Circle, emphasizes a collaborative approach to tackle supply chain challenges, emphasizing the urgent need to eliminate child labour in various industries, including cosmetics, paint, and technology.
Initiatives of NGOs committed to eradicating Child Labour:
Kailash Satyarthi Children’s Foundation aimed at discovering a beacon of hope in the form of the Child-Friendly Village (Bal Mitra Gram) initiative by the Kailash Satyarthi Foundation. This proactive model not only prevents child Labour but also empowers the youth and fosters overall village development. By placing children’s rights, well-being, and voices at the core of the community, this initiative ensures a protective environment.[22]
Smile Foundation dedicated to offering basic school education to underprivileged children. This organization envisions a future where every child, regardless of their background, has access to foundational education, paving the way for a brighter and more equitable society.
Hand in Hand India brought Evening classes, specifically tailored for children engaged in Labour. These classes not only address immediate educational needs but also strive to break the cycle of child Labour by providing essential learning opportunities.[23]
Don Bosco Balprafulta brought the impactful journey of Project Rihaee, launched by Don Bosco Balprafulta in response to the widespread prevalence of child Labour. Since 2004, this project has successfully rescued thousands of children from exploitative situations, making significant strides in combating the pervasive issue of child Labour in the city. Join the mission to liberate children and provide them with a chance for a better future.[24]
Renowned Indian enterprises, including the Aditya Birla Group, ICICI Bank, and the Azim Premji Foundation of Wipro, are actively contributing to the advancement of child rights and well-being. As part of their Corporate Social Responsibility (CSR), these firms go beyond by establishing schools, delivering vocational training, and ensuring quality education for girls and youth. Their initiatives emphasize the vital role corporations play in eradicating child Labour and fostering a brighter future. Through dedicated programs, these esteemed organizations not only address immediate needs but also champion a transformative approach to uplift communities and promote the significance of eliminating child Labour across the nation.
IMPACT OF CORPORATE SOCIAL RESPONSIBILITY (CSR) ON CHILD LABOUR
Corporate Social Responsibility (CSR) assumes a pivotal role in addressing and alleviating the issue of child Labour. Through responsible business practices, companies can positively contribute to eradicating child Labour and enhancing the well-being of children globally. The following outlines several positive effects of CSR on child Labour, accompanied by illustrative examples.
Access to Education – CSR initiatives often concentrate on providing children access to education, reducing the likelihood of child Labour. Companies may establish or support schools in areas where child Labour is prevalent, ensuring educational opportunities for children.
Advocacy and Awareness – CSR can raise awareness about the consequences of child Labour and advocate for stricter policies. Companies may use their influence to support campaigns against child labour, collaborating with NGOs to lobby for protective legislation.
Supply Chain Audits – Companies can implement stringent supplier audits to ensure child Labour-free supply chains. For instance, a global clothing brand may regularly inspect manufacturing facilities, ensuring compliance with labour laws and the absence of underage workers.
Skill Development Programs – CSR initiatives may include skill development programs in vulnerable communities, providing alternative income sources. Companies might establish vocational training centers, equipping adults with skills to secure sustainable employment and reduce economic pressures leading to child labour.
Community Development Investment – Investing in community development reduces the need for child labour by fostering economic stability. Corporations may invest in projects like clean water supply or agricultural development, enhancing community well-being.
Fair Wages and Working Conditions – Emphasizing fair wages and decent working conditions discourages exploitative child labour practices. Companies adopting fair labour certifications ensure ethical production, discouraging suppliers from engaging in child labour.
Child Protection Policies – Implementing child protection policies within companies prevents inadvertent use of child Labour. Strict age verification procedures in hiring safeguard against employing underage workers.
Collaboration with NGOs – Collaborating with NGOs amplifies the impact of CSR initiatives. Companies can partner with NGOs specializing in child rights to implement effective programs addressing child Labour.
Supply Chain Transparency – Promoting transparency in the supply chain aids in identifying and rectifying instances of child Labour. Tech companies, for instance, may disclose supply chain information for scrutiny and accountability.
Inclusive Hiring Practices – Promoting inclusive hiring practices ensures employment opportunities for adults in vulnerable communities, reducing reliance on child Labour. Companies may prioritize hiring from local communities, contributing to local economic development.
Corporate Social Responsibility (CSR) initiatives exert a substantial influence in tackling child labour concerns through their emphasis on education, awareness, fair labour practices, and community development. Through the integration of responsible business practices, companies play a significant role in the global endeavor to eradicate child labour, fostering a more sustainable and ethical future.
ADVERSE IMPACTS OF CSR ON CHILD LABOUR
While Corporate Social Responsibility (CSR) predominantly seeks to create positive effects on society and the environment, it’s crucial to recognize that certain facets of CSR initiatives might unintentionally contribute to or worsen issues like child labour.
- CSR initiatives often involve complex global supply chains, where companies might inadvertently source materials from suppliers engaged in child labour.
- To cut costs, companies may subcontract production processes, lacking oversight and potentially leading to the use of child labour.
- Competitive industries may pressure companies to lower production costs, potentially overlooking or tolerating child labour for cost efficiency.
- Some companies may not conduct thorough due diligence in selecting suppliers, resulting in unawareness of child labour in their supply chain.
- Companies might prioritize the appearance of CSR over addressing root causes of child labour in their operations.
- Some CSR programs may serve as token gestures rather than comprehensive efforts to combat social issues, proving ineffective against child labour.
- Economic hardships in certain regions may push families to rely on child labour for survival. CSR initiatives neglecting underlying economic issues may unintentionally perpetuate this cycle.
- Without consistent global CSR standards, companies may interpret and implement initiatives differently, leading to inconsistencies in addressing child labour.
CONCLUSION
Thus, Corporate Social Responsibility (CSR) initiatives significantly contribute to the eradication of child labour, fostering a sustainable and ethical business environment. By promoting responsible conduct, fair labour practices, education, and community development, corporations can create a ripple effect beyond their operations. Collaborative efforts with NGOs, governments, and stakeholders can effectively tackle child labour. To improve CSR initiatives, businesses should integrate robust monitoring systems, engage in transparent reporting, and share best practices. Partnering with local communities and investing in education programs can break poverty’s cycle and promote a secure future.
REFERENCES
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- ILO, https://www.ilo.org/ipec/Action/CSR/lang–en/index.htm( Last Visited on Jan 18, 2024
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[1] ILO, https://www.ilo.org/ipec/facts/lang–en/index.htm#:~:text=The%20term%20%E2%80%9Cchild%20labour%E2%80%9D%20is,harmful%20to%20children%3B%20and%2For (last Visited Jan 18, 2024)
[2] UKDISS, https://ukdiss.com/examples/child-labour-africa.php (last Visited Jan 18, 2024)
[3] Jaspal Kaur, CHILD LABOUR IN INDIA: CAUSES, IMPACTS AND PREVENTIVE MEASURES, 7 IJ360MR 163, 164 (2019)
[4] Kulshreshtha, J. C. (1994).Indian Child Labour. Uppal Publishing House. New Delhi. P.38
[5] UNICEF, Child Labour and Responsible Business Conduct, A Guidance Note for Action, https://www.unicef.org/media/122616/file/Guidance-Note-Child-Labour-and-Responsible-Business-Conduct-June-22_1.pdf (last visited 18 Jan 2024)
[6]Human Rights Council, Human Rights and Transnational Corporations and Other Business Enterprises, A/HRC/Res 17/4 (16 June 2011), endorsing ‘Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework’, A/HRC/17/31 (21 March 2011).
[7] United Nations Human Rights Council, Principle 12
[8] United Nations Children’s Fund, Children’s Rights and Business Principles, available at https://www.unicef.org/indonesia/CHILD_RIGHTS_AND_BUSINESS_PRINCIPLES.pdf
(last visited 17 Jan 2024).
[9] Global Business and Human Rights, https://www.globalbusinessandhumanrights.com/2015/01/12/protecting-the-rights-of-children-should-be-integral-to-every-corporate-social-responsibility-strategy/ (last visited 18 Jan 2024).
[10] Theodora Pritadianing Saputri, Corporate Social Responsibility to Eliminate Child Labour, https://www.researchgate.net/publication/337275648_Corporate_Social_Responsibility_to_Eliminate_Child_Labour?enrichId=rgreq-670707f28767a3e80218e647139765c0-XXX&enrichSource=Y292ZXJQYWdlOzMzNzI3NTY0ODtBUzo4MjU0MzA0NTQwNjMxMTFAMTU3MzgwOTM2NDY1NA%3D%3D&el=1_x_3&_esc=publicationCoverPdf, (last visited Jan 17, 2024)
[11] United Nations Children’s Fund, Children’s Rights and Business Principles, available at https://www.unicef.org/indonesia/CHILD_RIGHTS_AND_BUSINESS_PRINCIPLES.pdf (last visited Jan 17, 2024).
[12] The Child Labour (Prohibition & Regulation) Act of 1986, S.3, No. 61, Acts of Parliament, 1986 (India)
[13] The Right of Children to Free and Compulsory Education Act, 2009, No.35, Acts of Parliament, 2009 (India)
[14] The Constitution of India, 1950, Article 21 A, Acts of Parliament, 2002 (India)
[15] The Juvenile Justice (Care and Protection) of Children Act of 2000, No.56, Acts of Parliament, 2000 (India)
[16] Dr. Radhika Lobo, CSR and Child Labour: Endeavours by Select Corporates in India, IOSRJ, https://www.iosrjournals.org/ (last visited Jan 18, 2024)
[17] Ipleaders, https://blog.ipleaders.in/combating-child-labor-csr/ (last visited Jan 17, 2024)
[18] Dr. Radhika Lobo, CSR and Child Labour: Endeavours by Select Corporates in India, IOSRJ, https://www.iosrjournals.org/ (last visited Jan 18, 2024)
[19] Ibid.
[20] Ibid.
[21] Ibid.
[22]The CSR Journal, https://thecsrjournal.in/world-day-against-child-labour-top-india-ngos-nonprofits/ (last visited Jan 17, 2024)
[23] Ibid.
[24] Ibid.
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