Children - Terre des Hommes

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OUR EXPERIENCE WITH THE RIGHT TO INFORMATION ACT, 2005 As part of the process of information collection for the current study, we have tried to access information from various departments concerned with the problems and development of children in India. In this process, we made use of the Right to Information (RTI) Act by filing applications on different aspects of child rights in the mining context. We briefly present below our experience and challenges encountered in utilising this Act. Some of the areas that we chose to consult with government for information were: trafficking, HIV/AIDS, forests and agriculture as resources of food security, and economic issues of the family like employment in the mines, wages, safety, other development programmes like NREGA. companies for information regarding employment, rehabilitation, child labour, forests, water and future expansion plans. Challenges in the Process of Application The RTI Act is intended to be an enabling tool for public scrutiny and active participation of the public in governance and vigilance. While the Act has facilitated in accessing information from government, which was earlier a Herculean task, using the Act involves several challenges and complex procedures that frustrate the applicant. Some of these challenges we encountered were: Act and the different Acts of state governments. not given properly in many of the websites. Either there is no information available or wrong information is given wherein applications get rejected on grounds that 191 the application is not addressed to the appropriate PIO; outdated information is available in many websites. Due to these factors, there are several delays where applications were rejected on grounds of omissions or errors and there were several delays in reapplying to the appropriate persons in charge. money to provide information. many websites, or it is not mentioned in the websites or there are discrepancies between states in procedure for payment. In some states, some of the departments are accepting court fees stamps but in some others, demand drafts and many of our applications were rejected on these grounds, again leading to delays in reapplying. We found that in most of the post offices, there are no acknowledgement forms available and some ad hoc acknowledgement slips are being used because of which we could not receive some of the acknowledgements. the applications are simply directed to another section of the department or another level. Sometimes we were asked to apply to some other department for information as they felt it was not relevant to their department. This gives the impression that, instead of respecting the Act in its spirit, there are more attempts made by respective departments in disqualifying the applications on trivial grounds rather than making it an enabling Act. Sometimes state governments have asked us to apply to the centre and vice-versa. forwarded instead of giving facts on the status. For example, the rules for minimum wages, social welfare benefits, etc., were forwarded to us instead of stating the actual wages paid or specific benefits provided at specific sites implying that these broad guidelines are followed by all companies in their jurisdiction, without any definite verification from the department whether such rules were actually implemented. departments of different states was that there was no child labour reported, which was an outright denial that there were any children, sometimes even women, working in the mines. This shows that there is no seriousness in reporting cases of child labour.
192 Table 2.44 presents some of the applications and the responses received. Table 2.44: Details of some applications and responses received to queries filed under RTI Act Questions asked under RTI Act 2005 Responses received Labour Departments 1. Total number of women and children working at different mines (sex disaggregated and mineral sectorwise data). 2. Minimum wages for mine workers, working hours, health facilities and benefits for mine workers education and crèche, housing, water, sanitation facilities, social security, accident benefits. 3. Number of complaints received regarding the status of child labour and women workers working in the mines and action taken so far. Maharashtra Goa Orissa areas in administrative jurisdiction of the office of Assistant Labour Commissioner (Central)-III Mumbai, Thane district, Raigad district and Mumbai northeast area. as nil. as nil. mine workers are provided as per labour laws, they provide first-aid facilities including treatment in their dispensaries to the women workers, education facilities, crèches, rest rooms available at the mine sites for workers, drinking water, sanitation and housing facilities are provided to the mine workers and in case of compensation it is provided according to the Workmen Compensation Act regarding employment of children in mines is available in the office. Number of women employed in iron sector is 650 and manganese sector is 600. No accident case has been reported and no complaints have been received regarding hazardous work, working hours Approximately 5,000 women are engaged in mines and room for workers. Fifty per cent mine workers provided accommodation at the site. Housing loan provided by welfare department.
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India’s Childhood in the "Pits" A
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iii Acknowledgements This report, c
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Table of Contents About the Study 3
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4 List of states and districts visi
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6 However, closer observation of th
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8 In addition, almost all work perf
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10 Impacts Children are affected di
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12 is mandatory and this must be
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15 National Overview Mining has imp
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17 Table 1.2: Number of illegal min
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19 Table 1.3: Key indicators in min
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21 migrate to plain areas or are co
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23 had no land to start with and wo
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25 Although there is no data to sho
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27 2,055 children enrolled in Santu
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29 we will eat tomorrow,” said a
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31 GURIA is a dark-eyed little girl
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33 Serious health problems have alr
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35 In several districts of Rajastha
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37 Table 1.4: Total number of child
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39 Bearing in mind that many of the
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41 children are working in mines in
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43 significant problem. A study car
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45 Part II State Reports 1. Karnata
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48 basic healthcare to its populati
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50 Kolar district: Key facts Total
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52 and pursued higher education. Th
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54 has created a peculiar aesthetic
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56 number of children working in th
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58 almost every child is absent for
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60 Table 2.02: Survey on children n
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62 the village were cough, eye infe
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65 Maharashtra State Overview Mahar
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67 154 are in Maharashtra (making i
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69 poverty, (ii) education, (iii) h
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71 Quarry is a very big area spread
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73 family works as a unit and manag
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75 Table 2.06: Class-wise distribut
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77 Children in stone quarries hit b
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80 Literacy levels are also poor in
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82 and quarrying in the state. Of t
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84 Follow up interviews were carrie
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86 At Thumbli village, residents ex
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88 usually not strong enough to car
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90 Inadequate Health Facilities Sev
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92 Many of the Workers in the Mines
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94 that 296,979 children aged betwe
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96 This case study covered two mine
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98 Traditional Forest Dwellers (Rec
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100 in the mine sites ekeing out a
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102 Conclusions Panna, once a rich
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104 Commission, Government of India
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106 The top five most mined distric
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108 There are several other content
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110 Table 2.11: Enrolment of childr
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112 companies for their power plant
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115 Jharkhand State Overview The st
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117 population who live in these fo
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119 around coal, but to also provid
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121 Status of Anganwadi Centres and
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123 due to multiple government duti
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125 Uranium Corporation of India Li
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128 farming and forestry. It is the
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130 attendance at birth, the high p
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132 were displaced for mining proje
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134 the impacts are visibly evident
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136 for construction and other indu
Page 136 and 137: 138 Table 2.17: School enrolment da
Page 138 and 139: 140 village also complained of cont
Page 140 and 141: 142 about the status of children in
Page 142 and 143: 144 exposed to the toxicity from th
Page 144 and 145: 146 for labour elsewhere. The prese
Page 146 and 147: 148 State Excesses and Human Rights
Page 148 and 149: 150 Table 2.25: Information collect
Page 150 and 151: 152 The DP Camp is far away from th
Page 152 and 153: 154 Naik and Mr. Prahlad Naid who a
Page 154 and 155: 156 Social Cost of Displacement As
Page 156 and 157: 158 Table 2.32: Comparative village
Page 158 and 159: 160 Rajabandha also has a low cost
Page 160 and 161: 162 on land to be acquired in some
Page 162 and 163: 165 Andhra Pradesh State Overview T
Page 164 and 165: 167 Mining in Andhra Pradesh Almost
Page 166 and 167: 169 small areas where there are qua
Page 168 and 169: 171 other families also working in
Page 170 and 171: 173 Nature of Quarry Work Tradition
Page 172 and 173: 175 Conclusions The three micro-lev
Page 174 and 175: Part III Summary and Recommendation
Page 176 and 177: 180 Whose Child is India’s Mining
Page 178 and 179: 182 attention on child labour issue
Page 180 and 181: 184 are not working in the mines.
Page 182 and 183: 186 proposed to be the basis of th
Page 184 and 185: 188 explored, clear design and work
Page 188 and 189: 193 Andhra Pradesh areas. Appr
Page 190 and 191: 195 Tamil Nadu Orissa informati
Page 192 and 193: 197 compensation for land and R
Page 194 and 195: Annexures
Page 196 and 197: 200 Karnataka The tables below give
Page 198 and 199: 202 Drop-out children brought back
Page 200 and 201: 205 Glossary Adivasi: The term used
Page 202 and 203: 207 and educational development. Pa
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