Journal of Rights of the Child of National Law University Odisha
Total Page:16
File Type:pdf, Size:1020Kb
JOURNAL OF RIGHTS OF THE CHILD OF NATIONAL LAW UNIVERSITY ODISHA VOLUME II ISSUE I NOVEMBER 2017 Message from the Vice Chancellor Editorial Note ARTICLES Child Labour and Education in India: An Overview of Issues and Directions A Study On Child Labor In Ms. Sarojitha Arokiaraj Bangladesh: Causes and Consequences Mr. Md. Salehakram Children Caught In Confusion Mr. Saema Jamil India’s Ratification of ILO Core Conventions 138 & 182- A way Child Labour: Better Control and forward to Eliminate Child Labour More Efficiency Dr. A. Aruna Sri Lakshmi Mr. Saurabh Kumar Labour Laws: Review of Recent Child Labour – A Violation Amendment Banning Child Labour To A Child’s Right Mr. Jai Shankar Bajpai Ms. Dimple Garg Child Labour - A Curse For Humanity Accountability issues in Child Dr. Chandan Kumari Sahu Sponsorship programs: Ethics of Generosity Public Interest Litigation As A Mr. Akash Kumar Judicial Response To Child Labour In India: A Perspective BOOK REVIEW Dr. Nabamita Paul Ray Let’s call him Vasu : With the Child Labour: The Constitutional Maoists in Chhattisgarh Court Perspective and Interpretations by Shubhranshu Choudhary Ms. N.Bhagya Lakshmi Mr. Saji Mathew An Assessment of The Nigerian Legal Framework on Child Labor Within Existing Cultural Regimes Mr. Aderonke Adegbite National Law Univrsity Odisha, Cuttack (Established by Act 4 of 2008) JOURNAL OF RIGHTS OF THE CHILD OF NATIONAL LAW UNIVERSITY ODISHA Special issue on “Child Labour” Volume II Issue I November 2017 PATRON-IN-CHIEF Prof. (Dr) Srikrishna Deva Rao Vice Chancellor, NLUO PATRON Dr. Dolly Jabbal Registrar(I/c), NLUO EDITOR-IN-CHIEF MANAGING CUM EXECUTIVE EDITOR Mr. Ramakrishna Das P.R Prof. Sheela Rai Assistant Professor, NLUO Professor, NLUO SENIOR ARTICLE EDITOR Prof. B. Hydervali, Professor, NLUO Dr. Aruna Sri Lakshmi, Associate Professor, NLUO Dr. Kondaiah Jonnalagadda, Associate Professor, NLUO Mr. Laxminarayan Nanda. Child Protection Specialist, UNICEF SUBMISSION EDITOR Ms. Snigdha Singh, Teaching Cum Research Associate. NLUO Ms. Eluckiaa A, Research Associate,NLUO EDITORIAL ADVISOTY BOARD Ms. Swagata Raha Sr. Research Assistant-(Consultant) Centre for Child and the Law, NLSIU, Bangalore Ms. Enakshi Ganguly Founder Director, HAQ, Delhi PRODUCTION EDITOR Mr.S. Kanniyaram Senior Programme Coordinator Centre for Child Rights, NLUO Mr. Promod Kishore Acharya Senior Research Associate Centre for Child Rights, NLUO JOURNAL OF RIGHTS OF THE CHILD OF NATIONAL LAW UNIVERSITY ODISHA Journal of Rights of the Child of National Law University Odisha is a double peer reviewed journal published biannually by the Centre for Child Rights, NLUO Centre for Child Rights and National Law University Odisha assumes no responsibility for the statements and opinions advanced by the contributors. Disclaimer: Copyright over all the articles published in the journal, including the cover and reader photographs and designs, are held by National Law University Odisha, Cuttack. Any Type of commercial use of any of the protected materials is strictly prohibited. The articles can be used for non-commercial academic purpose by citing proper reference of this journal. National Law University Odisha, Cuttack All enquiries regarding the journal should be addressed to: The Editor, Journal of Rights of the Child of National Law University Odisha National Law University Odisha Kathjodi Campus, Sector-13, CDA Cuttack- 753015, Odisha ( India) Published by: The Registrar, National Law University Odisha Kathjodi Campus, Sector-13, CDA Cuttack- 753015, Odisha ( India) Contact Number – 0671-2338018 Email: [email protected] Website – www.nluo.ac.in NATIONAL LAW UNIVERSITY ODISHA CENTRE FOR CHILD RIGHTS ABOUT THE CENTRE Centre for Child Rights (CCR) began its journey from 12th April 2015 with an aim to improve access to justice for children through various purposive activities targeted to ensure protection of the rights of the children in various areas like child labour, gender justice, children’s education, child trafficking etc. CCR has undertaken a number of programmes for the research and documentation on the juvenile justice system in Odisha, capacity building of different stakeholders of child protection structures, and for the introduction of clinical legal education on child rights and juvenile justice in the NLUO curriculum. NLU Odisha has entered into a partnership with United Nations’ Children Fund (UNCEF, Odisha) for a period of three years (2015-17) for a project on ‘Effective Implementation of Children’s Laws in Odisha’ conduct research on the functioning of the JJBs/CWCs in the state of Odisha with the objective to secure a better understanding of the operational aspects of the juvenile justice mechanisms. It has also joined hands with ICSSR and the Government of Odisha to undertake research and documentation initiatives for different institutions established under the Juvenile Justice Act. Besides, it is also offering technical support to the labour department, Government of Odisha in the implementation of state plan of action for elimination of child labour in Odisha VISION To ensure justice to children and promote effective implementation of children’s laws and governance in the State of Odisha. The Centre will endeavor to create child-friendly mechanisms through the promotion of child rights practices. MISSION To support and strengthen child protection structures by leveraging knowledge change and policy reforms at various levels of institutional governance to make juvenile justice system more accountable, efficient and effective for protecting and promoting child rights. Faculty Coordinator: Mr. Ramakrishna Das P.R Assistant Professor, NLUO Senior Programme Coordinator: Mr. S. Kanniyaram Senior Research Associate : Mr. Promod Kishore Acharya Project Assistant: Mr. Soubhayga Nanda MESSAGE FROM THE VICE CHANCELLOR We are pleased to offer you the volume II, Issue I of Journal of Rights of the Child of National Law University Odisha with a special focus on “Child Labour”. Child is the inspiration and the aspiration of tomorrow .The issue of child labour is an important concern as it takes away their inherent right to development. When a child is asked or forced to do some work whether hazardous or not that interferes and deprives him of his childhood and hinders the activities like playing and studying will be termed as child labour. Childhood is a part of a human life and all the children have the right to have a decent living condition which includes right to education also guaranteed under Article.21A of the Constitution. Further, Right of Children to Free and Compulsory Education Act, 2009, also reminds the states upon its responsibility to provide free and compulsory education to the children. Despite of all these, children are still vulnerable and prone to child labour and thus, denying their right to education. There is a popular adage that “if a child is not in the school, he must be into child labour” NLUO is committed towards this triumph and thus, it is offering technical support to the labour department, Government of Odisha in the implementation of state plan of action for elimination of child labour in Odisha. The three main objectives of State Action Plan are , Complete elimination of child labour in all occupations ; achieve complete universalization of primary and elementary education along with universal prohibition of Child labour and rehabilitation and reintegration of all children withdrawn from work through education, nutrition, primary health care and skill training and socio-economic empowerment of their families. I hope and wish that the issues discussed in this journal will initiate further academic discussions on Child Labour. It is indeed appreciable that the important issues relating to the child labour have been selected for incorporation in the journal that can immensely help the readers to gain knowledge about the law of the land. I congratulate the Centre for Child Rights and the editorial team of Journal of Rights of the Child of National Law University Odishafor bringing out this special issue on child labour. Prof. (Dr) Srikrishna Deva Rao Vice Chancellor National Law University Odisha Editorial Note On behalf of the Editorial Board and my co editors, I am glad to present the volume II, Issue I of Journal of Rights of Child of NLUO with a special focus on “Child Labour”. The objective of this Journal is to publish up-to-date, high-quality and original research papers alongside relevant and insightful reviews. As such, the journal aspires to be vibrant, engaging and accessible, and at the same time integrative and challenging. Over the past three years, the journal has strived to contribute to the academic discourse surrounding legal issues in the country and around the world by publishing articles by both students and established scholars, as well as by both domestic and international authors. It is due to the support of our Vice Chancellor, Prof. (Dr). Srikrishna Deva Rao, the hard work of our editorial team, and the commitment of our faculty members we are able to commemorate the release of this special issue, and we hope that this tripartite support continues in the future. This issue has twelve articles written by eminent professors, activist and students, and one book review. The first article is “A study on child labour in Bangladesh: Causes and consequences” which exemplifies the laws and the causes behind the child labour in Bangladesh. It has been concluded with a suggestion to the amendment of existing laws of Bangladesh. Dr. Aruna Sri Lakshmi has contributed her article on “India’s Ratification of ILO Core Conventions 138 & 182- A way forward to Eliminate Child Labour” . She emphasized enumerates the core international labour standards and their status, reasons for non ratification so far, the important features of the amended Act in 2016 , the central rules of 2017, the role of RTE Act,2009, the impact of ratification of Conventions 138 and 182 by India etc. It is pertinent to note that she advocates for the complete abolition of child labour in India through various mechanism which she suggested.