Children - Terre des Hommes

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In addition, almost all work performed by children in mining
and quarrying is hazardous and considered to be one of the
worst forms of child labour, defined by the Worst Forms of
8 India has not
ratified this convention, and indeed activists and campaigns
against child labour too are not in favour of ratifying a
convention that distinguishes between hazardous and nonhazardous
forms of labour. Their argument is that all forms
of labour or indeed, work that denies children their basic
rights, is exploitative and hence hazardous, and hence must
be banned.
Mining leads to forced evictions.
adopted by the UN Committee for Economic Cultural and
Social Rights on Forced Evictions encourages State Parties
to ensure that “legislative and other measures are adequate to
prevent and if appropriate, punish forced evictions carried out
without appropriate safeguards by private persons or bodies.”
National Laws and Policy
The Constitution of India, along with a whole host of laws
and policies, recognise and protect the rights of all children
recent National Plan of Action for Children 2005, along
with the Eleventh Five Year Plan, lay down the roadmap for
the implementation of these rights. These include the rights
to be protected from exploitation and abuse and the right to
free and compulsory education. These laws are strengthened
by positive schemes to bring children out of poverty and
marginalisation. But then these are for all children. Very few
laws provide any protection or relief to mining children
in particular or address their specific situation. This
is because the principal job of the Ministry of Mines is
to mine. Hence, many of the violations and human rights
abuses that result from mining, especially with respect
to children, are not the mandate of the mines ministry to
address. The responsibility lies elsewhere, and therefore
leads to conflict of interest between departments, in which
the child falls between the cracks.
In the laws that deal with mining, many do not address
the needs and rights of children, or even human beings in
general. For example, there are several laws and policies
that govern mining in the country, 10 which include central
as well as state laws and policies. There are also policies
and laws that deal with rehabilitation and resettlement of
those displaced by the mining project, 11 as well as polices
for specific minerals such as coal. 12 Although people are the
most affected, directly or indirectly, when mining operations
take place, most of these laws and policies that deal with
mining mention little or nothing about people except as
labour.
Not surprisingly, children find absolutely no mention,
although they may lose access to education, healthcare
and other facilities; be affected by pollution and other
environmental impacts; be pushed into joining the labour
force and end up unskilled and illiterate forever as a result
of mining.
Child labour is one of the most vicious impacts of mining
that one sees. However, laws to address the employment of
children in such hazardous conditions are weak. The Child
(underground and underwater) and collieries (Schedule
Part A). It also prohibits employment of children in certain
mining related processes listed in Schedule B. 13 This is a
huge gap in the law because it does not unilaterally ban
employment of children in all mining, thereby leaving them
vulnerable to abuse and exploitation. Even while prohibiting
the employment of children in mines, the Mines Act leaves
open a window of opportunity for exploitation. While the
lay down that no person below 18 years of age shall be
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The worst forms of child labour comprises, inter alia, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health,
safety and morals of children.
For more information see A Handbook on UN Basic Principles and Guidelines based on Development–based Evictions and Displacement by Amnesty International
India, Housing and Land Rights Network and Youth for Unity and Voluntary Action. http://www.hic-sarp.org/UN%20Handbook.pdf
Such as the Mines Act, 1952 (Amendment Act 1983); Mines And Minerals (Development And Regulation) Act, 1957 (As Amended Up To 20th December, 1999);
Government Of India Ministry Of Mines National Mineral Policy, 2008 (For Non - Fuel And Non - Coal Minerals); as well as state polices such as Karnataka
Mineral Policy 2008.
National Policy for Rehabilitation and Resettlement, 2007.
There are a number of acts and policies which specifically govern the coal industry in India. For further details, see: http://coal.nic.in/acts.htm, and http://
policies.gov.in/department.asp?id=76.
Mica-cutting and splitting; manufacture of slate pencils (including packing); manufacturing processes using toxic metals and substances, such as
lead, mercury; fabrication workshops (ferrous and non-ferrous); gem cutting and polishing; handling chromite and manganese ores; lime kilns and lime
manufacturing; stone breaking and crushing; etc.