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Is law enough to control child labour?

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There are many persons who believe that the problem of child labor cannot be dealt with effectively by implementing laws in this regard. According to these persons, the issue of child labor has social and economic aspects and therefore, the law alone cannot deal with this issue. On the other hand, it is believed by many that the effective enforcement of laws prohibiting child labor can be the answer to this problem. According to these persons:-

1. A duty has been imposed on the governments by the international conventions according to which they are bound to protect and uphold the dignity of human beings. For this purpose, it is very important that all the human beings are independent. This independence can be achieved by good education, sufficient income and a good quality of life. However, when the children are engaged in child labor, they lose their creativity as well as the innocence associated with youth. Therefore, it is very important for the governments to introduce laws that are aimed at protecting the rights of the children. Therefore, the law against child labor is the most effective measure to deal with this problem.

2. When law is introduced against child labor, it provides the means to the government to take action against this menace. If this problem could have been dealt with by using other measures like consumer culture, there would have been no need for introducing the law against child labor. However it is a reality that the number of children who have to work in their childhood is increasing, particularly in the developing and underdeveloped countries, therefore the introduction of law against child labor appears to be the only forceproviding steps that can be taken to deal with this problem. If the problem of child labor could have been dealt with by measures like consumer pressure, under which the consumers would have been educated to refrain from using products in which child labor has been used, the problem would not have taken such large proportions. The reality is that there are very few people who consider the ethical issues like child labor while purchasing a particular product. Therefore, the law against child labor alone appears to be the solution of this problem.

3. It also needs to be noted in this regard that sufficient pressure has not been put on the business organizations regarding child labor. As a result, it is very important that the law should be used as the means for dealing with the problem of child labor. Similarly, in case of developed as well as the developing countries, there is a difference between the labor done by the children on family farms and the use of children in hazardous activities by the business organizations.

4. When strict law is introduced with a view to end child labor, the children will also have much more chances of gaining education and achieving personal development. In such a scenario, the human resources of the country will also develop significantly and in this way, it becomes possible to achieve considerable economic development. In the same way when child labor is prohibited by the law, the jobs that were earlier done by the children will be available to the large number of unemployed adults, who, in many cases, are the parents of these children. Therefore, in these cases, there will not be any effect on the income of the family also.

5. When child labor is prohibited by the law, it is true that these families may have to look for alternative sources of income because their children will not be earning anymore. However, the situation can be handled by providing loans to these families for starting their own small businesses. The human rights of the children need to be given priority against the economic rights of the family. Therefore, the introduction of strict law that prohibits child labor is the only answer to this problem.
Law alone is not sufficient to deal with child labor

The other point of view:
1. On the other hand, there are many persons who believe that law alone cannot deal with the problem of child labor. According to these persons, the law can be effectively used to enforce the political and legal standards however the law alone cannot deal with a problem that has social and economic aspects. It is also believed by these persons that while the law can be effectively used for enforcing, for example the rule of law or the right to speech but law alone cannot prove to be effective in and underdeveloped country to maintain the labor laws and the level of education that is present in the developing countries. Therefore, the law can prove to be more effective when it is used for an appropriate purpose.

2. The pressure generated by the consumers can also prove to be very effective to force the business organizations to adopt ethical practices. For example, if the consumers decide that they will not purchase the products of the manufacturers who use child labor, the market pressure will make these manufacturers abandon the practice of child labor. Therefore, it is clear that the law alone cannot deal with the problem of child labor as social pressure is also necessary to deal with these problems.

3. It will also be impractical to believe that the children who are prevented by the law to work will join once they have been deprived of their livelihood by the law. The main reason that these children were forced to work at the tender age is that they cannot afford to pay the fee for theschool and they did not have proper meals. On the other hand, business organizations may provide light work to these children and at the same time, they can also be provided the facility to study in evening schools near their workplace. In this way, the children will also be able to on their livelihood and at the same time they would also be achieving education.

4. If strict laws are implemented for preventing child labor, this alone will not deal with the problem of child labor. Under these circumstances, the business organizations using child labor will make the children work underground. In such a case, the working conditions of these children will become even more difficult. Therefore the children, who are forced to work in their childhood because of poverty, will have to work underground, which will be totally unregulated and also a breeding ground of crime. It is not advisable that law alone should be used for dealing with the problem of child labor. Social sanctions can also be effectively used to deal with this issue.

5. Business organizations will always find a way to circumvent the law. For example, they may decide to move to the areas where law against child labor is not very strict. Therefore, in this case also, by implementing strict laws against child labor, only the poor will be hit. At the same time, it has also been seen in the past that the interference by the government is not very encouraging for the market. Therefore, it can be said that along with the law against child labor, social sanctions should also be used for dealing with the issue of child labor.

This article has been written by KJ Singh a MBA Graduate from a prestigious Business School In India
Article Published:May 21, 2016
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