— PHOTO: K. RAMESH BABU

CHILDHOOD REGAINED: Dozens of children taste freedom at an event organised by the National Child Labour Project in Hyderabad on Tuesday.

NEW DELHI: The ban on the employment of children below the age of 14 as domestic help and in dhabas, restaurants, hotels and the hospitality sectors came into effect from Tuesday under the provisions of the Child Labour (Prohibition and Regulation) Act, 1986.

Violation of the ban invites imprisonment up to two years and/or fine of Rs. 10,000 to Rs. 20,000.

According to the United Nations Children's Fund (UNICEF), little data is available in India on the number of children working as domestic labour or in roadside eateries and the hospitality sector. While the Government estimates that around 2,56,000 children (1,85,000 in child domestic labour and over 70,000 in dhabas and restaurants) are involved in these occupations as per the 2001 Census,non-governmental organisations put the figure at 20 million — with one million children estimated to be working in these sectors in Delhi alone.

The ban is aimed at helping thousands of children who are often subjected to physical violence, psychological trauma and sexual abuse when they work in homes and hotels. Children are banned from working in factories, mines and other hazardous occupations under the Child Labour Act, 1986. These two occupations will now be added to the list of "hazardous occupations." UNICEF views the ban imposed by the Ministry of Labour as an important step towards protecting the fundamental rights of children.

However, it sees this legislation as necessary but not adequate in itself to ensure that these children grow up under parental care, go to school, do not go hungry, are protected from abuse and discrimination, are able to play and enjoy their childhood, and exercise their rights.

It feels the legislation has to be supported by a system to ensure a safe environment and rehabilitation measures for children.

The best interests of the child should remain the foremost objective of all steps to implement the notifications. This means there should be efforts to establish child-friendly measures — from identification to rescue, from safe temporary custody and safe passage to safe return to families.

UNICEF believes that NGOs are essential players in many of the intervention stages: for example, with direct involvement in identification and rescue operations. They provide immediate assistance to children rescued from labour and play a crucial role in putting in place preventive and rehabilitative mechanisms. With their direct contact with the community, NGOs have a key role in raising awareness and informing people about the issue.

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