Children - Terre des Hommes

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39 Bearing in mind that many of the workers in the mining sector are migrant labourers, women also commonly migrate with their families and therefore provide a family unit of labour, which includes children. The lack of child-care and schools in mining areas is another factor which explains the presence of high numbers of children at mines and quarries across in India. Women as new migrants move into small mines of quarries with little or no support for looking after children, so they are forced to take their children with them to the workplace. The continued abuse of bonded labour in the mining sector also pushes children into the mines. In Rajasthan, the high incidence of injuries and illnesses amongst mineworkers, and the lack of any health care or insurance, means that adult workers frequently get into debt, as they have to borrow from the contractors during difficult times. They are then forced to provide free labour whilst they pay off these debts. This form of bondage often becomes inter-generational, with children working to pay off the debts of their parents when they are unable to do so. Child labour perpetuates the cycle of poverty within families. Forcing children to work below a subsistence wage, in the unsustainable work that small-scale mining and quarrying provides, greatly reduces the chance that these children will ever be able to pull themselves out of the poverty into which they were born. The risks are even Shristhi (name changed) is 16 years old and works in a mine site. Her father, who was a mineworker, died of an illness nearly 5 years back. She has one older sister (married), a younger sister who is at home, three brothers at school and one brother older than her who also works as a mine worker. Her mother too works in the mines. Shristhi earns about Rs. 100/- a day working from 9.00 am to 5.00 pm. She said that she had been working for nearly 4 years now as they needed the money to run the house. Around two to three days in a month she does not go to work as she rests at home. She suffers from leg and backache. Shristhi has never been to school. greater for girls, as these sub-standard wages often force young girls into much more severe forms of exploitation, such as prostitution. Again and again, research shows that where children are given viable options, they wish to attend school – and parents equally want their children educated to give them the opportunity of a better future. Mining is not viewed as a “desirable” form of livelihood and children working in mines are there as a last resort in terms of survival. As well as working in the mines and quarries, there is a high incidence of other forms of child labour in the mining areas across India — in all likelihood, due to low wages and high rates of illness amongst adult mine workers. Field observations in Jodhpur district, Rajasthan confirmed that although some children are employed in paid work — in mines, agriculture or restaurants — a far greater number are involved in adult-releasing tasks or supplement adult labour. Such activities include herding goats, fetching water and firewood, looking after younger siblings and other domestic tasks. An accurate analysis of child labour in the mining areas also needs to take these kinds of activities into account, as these children are still missing out on their right to education and the opportunity to attend school. Working conditions The ILO classifies mining as one of the “worst forms of labour” because of the extent and severity of the hazards, and the risks of death, injury and disease. Children work long hours without any form of protective equipment, clothing or training. They are exposed to extreme temperatures with no protection from the sun. As well as lung diseases caused by inhaling dusts and gases, child miners often suffer physical strain, fatigue and muscular-skeletal disorders due to the heavy work involved. As their bodies are still growing and developing, they face greater dangers and risk of damage than adult labour in this sector. Many of the injuries and health problems may result in permanent disability — and these health problems may not become apparent until the child worker is an adult. 150 145. K. Lahiri-Dutt, Digging to Survive: Women's Livelihoods in South Asia's Small Mines and Quarries, 2008. 146. Gravis, Tales of Woe: A Report on Child Labour in the Mines of Jodhpur and Makrana, March 2004, p. 16. 147. Ibid; and field interviews in mining-affected communities across India, 2009. 148. MLPC, Broken Hard, http://www.indianet.nl/steengroeven/factsheet/Brokenhard.pdf, uploaded: 11 February 2010. 149. ILO, Eliminating Child Labour in Mining and Quarrying, 2005. 150. Ibid.
40 Working conditions in the informal mining sector across the world are notoriously poor, and the situation in India is no different. The unorganised sector remains outside the purview of legal protection in terms of labour conditions, so the majority of the labourers work in dangerous, unregulated conditions. Pay varies across the sector and across states, but is always low and generally lower than the minimum wage of that state. In addition to this, the casual nature of the work means that there are no employment benefits such as sick pay, paid holidays or health insurance, so workers often end up in debt during difficult times, such as periods of ill health. Conditions in small-scale mines and quarries are almost always extremely primitive. Mining contractors provide nothing to make the workers lives more bearable. None of the sites visited in the course of the study had toilets or drinking water. The lack of sanitation is particularly challenging for women and girls. No shade or shelter is provided at the sites, meaning that children are forced to work in long hours with no protection at all from the sun. Despite the prevalence of accidents, we are yet to come across a mine where the contractors provide anything in the wear of protection, such as helmets or face-masks, to workers and the lack of first aid facilities at the site means that in the event of an accident or illness, workers are often forced to travel long distances to the nearest healthcare centre. Legal framework for Child Labour There is no blanket ban against child labour in India. prohibits the engagement of children in certain employments and regulates the conditions for work for children in certain other employments. The list of hazardous forms of employment has been added to on several occasions since only forms of mining included on the original list. Article in any factory or mine or engaged in any other hazardous came into effect, thousands of children across India continue to work in mines and quarries. The government’s response to the situation has previously been to argue that as it is illegal, child labour in the mining sector is not a problem. And they continue to live in denial. This is evident from the answers to the parliament raised on questions related to child labour in mining. This happened when a question was raised in 2003, 151 and has been the same later too. In 2005 the Minister of Labour and Employment was asked the Governments reaction to International Labour Organisation (ILO) observation presently toiling in mines and quarries all over the world; if so, what is the reaction of the Government in this regard; whether the Government had ascertained the exact number quarries in the country; if so, the details thereof; and the efforts being made to remedy the situation? The Minister, Sri Chandra Shekhar Rao replied that there is no reference to India in the said report. He added that mining occupations have already been prohibited as hazardous occupation under the Child Labour (Prohibition & Regulation) Act, 1986. What is more he replied that occupation-wise data of child labour in the country is not maintained. (This is surprising since the He added that the Government is implementing the National Child Labour Project Scheme for the withdrawal and rehabilitation of children working in hazardous occupations and processes. The Scheme involves enrolling the working children in special schools and providing them education, vocational training, nutrition, health care, stipend, etc. and finally, mainstreaming them into regular schools. 152 In the very same year, based on the fact finding in the iron ore mines of Hospet and Bellary, that was a precursor to the current effort, the Minister for Labour was once again asked about whether several lakh children are still working in the mines throughout the country and a large number of them starting from the age of five, working in the most hazardous conditions and leading a horrible existence as (reported in the Hindu the school dropout rate is high in mining regions of the country; and whether there is a demand to conduct an enquiry in all the mines in the country and to come up with a comprehensive report on child labour. The honourable Minister replied saying that it is not true that several lakh 151. Fact-finding Team, Our Mining Children, April 2005. http://rimmrights.org/Documents/2005-India-Bellary%20fact%20finding%20report.pdf, uploaded: 10 February 2010. 152. Lok Sabha starred question No.19 answered on 25.07.2005
Page 2 and 3: India’s Childhood in the "Pits" A
Page 4 and 5: iii Acknowledgements This report, c
Page 6 and 7: Table of Contents About the Study 3
Page 8 and 9: 4 List of states and districts visi
Page 10 and 11: 6 However, closer observation of th
Page 12 and 13: 8 In addition, almost all work perf
Page 14 and 15: 10 Impacts Children are affected di
Page 16 and 17: 12 is mandatory and this must be
Page 18 and 19: 15 National Overview Mining has imp
Page 20 and 21: 17 Table 1.2: Number of illegal min
Page 22 and 23: 19 Table 1.3: Key indicators in min
Page 24 and 25: 21 migrate to plain areas or are co
Page 26 and 27: 23 had no land to start with and wo
Page 28 and 29: 25 Although there is no data to sho
Page 30 and 31: 27 2,055 children enrolled in Santu
Page 32 and 33: 29 we will eat tomorrow,” said a
Page 34 and 35: 31 GURIA is a dark-eyed little girl
Page 36 and 37: 33 Serious health problems have alr
Page 38 and 39: 35 In several districts of Rajastha
Page 40 and 41: 37 Table 1.4: Total number of child
Page 44 and 45: 41 children are working in mines in
Page 46 and 47: 43 significant problem. A study car
Page 48 and 49: 45 Part II State Reports 1. Karnata
Page 50 and 51: 48 basic healthcare to its populati
Page 52 and 53: 50 Kolar district: Key facts Total
Page 54 and 55: 52 and pursued higher education. Th
Page 56 and 57: 54 has created a peculiar aesthetic
Page 58 and 59: 56 number of children working in th
Page 60 and 61: 58 almost every child is absent for
Page 62 and 63: 60 Table 2.02: Survey on children n
Page 64 and 65: 62 the village were cough, eye infe
Page 66 and 67: 65 Maharashtra State Overview Mahar
Page 68 and 69: 67 154 are in Maharashtra (making i
Page 70 and 71: 69 poverty, (ii) education, (iii) h
Page 72 and 73: 71 Quarry is a very big area spread
Page 74 and 75: 73 family works as a unit and manag
Page 76 and 77: 75 Table 2.06: Class-wise distribut
Page 78 and 79: 77 Children in stone quarries hit b
Page 80 and 81: 80 Literacy levels are also poor in
Page 82 and 83: 82 and quarrying in the state. Of t
Page 84 and 85: 84 Follow up interviews were carrie
Page 86 and 87: 86 At Thumbli village, residents ex
Page 88 and 89: 88 usually not strong enough to car
Page 90 and 91: 90 Inadequate Health Facilities Sev
Page 92 and 93:
92 Many of the Workers in the Mines
Page 94 and 95:
94 that 296,979 children aged betwe
Page 96 and 97:
96 This case study covered two mine
Page 98 and 99:
98 Traditional Forest Dwellers (Rec
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100 in the mine sites ekeing out a
Page 102 and 103:
102 Conclusions Panna, once a rich
Page 104 and 105:
104 Commission, Government of India
Page 106 and 107:
106 The top five most mined distric
Page 108 and 109:
108 There are several other content
Page 110 and 111:
110 Table 2.11: Enrolment of childr
Page 112 and 113:
112 companies for their power plant
Page 114 and 115:
115 Jharkhand State Overview The st
Page 116 and 117:
117 population who live in these fo
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119 around coal, but to also provid
Page 120 and 121:
121 Status of Anganwadi Centres and
Page 122 and 123:
123 due to multiple government duti
Page 124 and 125:
125 Uranium Corporation of India Li
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128 farming and forestry. It is the
Page 128 and 129:
130 attendance at birth, the high p
Page 130 and 131:
132 were displaced for mining proje
Page 132 and 133:
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
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182 attention on child labour issue
Page 180 and 181:
184 are not working in the mines.
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186 proposed to be the basis of th
Page 184 and 185:
188 explored, clear design and work
Page 186 and 187:
OUR EXPERIENCE WITH THE RIGHT TO IN
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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Children - Terre des Hommes

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