Children in India engage in the worst forms of child labor, including in forced labor producing garments and quarrying stones. Children also perform dangerous tasks in the production of thread and yarn. (1,2) Table 1 provides key indicators on children's work and education in India.

Source for primary completion rate: Data from 2018, published by UNESCO Institute for Statistics, 2020. (3)
Source for all other data: International Labor Organization's analysis of statistics from National Sample Survey Round 68 (NSS-R68), 2011–2012. (4)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

Within India, children are trafficked for commercial sexual exploitation and for forced labor in domestic service. (57,59) Apprehending child traffickers has become more challenging for law enforcement because traffickers are utilizing technology to reach customers and receive electronic payment, eliminating the need to be centrally located in brothels. (57) Children are also forced to work as bonded laborers in brick kilns and stone quarries to pay off family debts owed to moneylenders and employers. (2,48,57) Children from India's rural areas migrate or are trafficked for employment in industries such as spinning mills and cottonseed production in which they are forced to work in hazardous environments for little or no pay. (48,58)

Non-state armed groups reportedly force children to serve as spies, couriers, and soldiers in the states of Bihar, Chhattisgarh, Jharkhand, and Maharashtra, and as soldiers in Jammu and Kashmir. (59,77,81,82) Maoist groups sometimes used children as human shields in confrontations with security forces. (59,81,83) In addition, some female child soldiers reported that commanders of these non-state armed groups recruited and used them in part for sexual exploitation, including practices indicative of sexual slavery. (59,81) Unverified reports from the UN indicated that national security forces used children as informants and spies. (59,81, 161)

Child victims of commercial sexual exploitation, forced labor, and human trafficking are more likely to be from marginalized groups, such as low-caste Hindus, members of tribal communities, and religious minorities. (48,57,84,85) Children from marginalized groups also face barriers to accessing education. Teachers sometimes subject these children to discrimination and harassment. (81,86) In addition, the lack of well-trained teachers, schools, separate washrooms for girls, inadequate infrastructure, and transportation options creates barriers and limits access to education. Refugees who are not granted visas or provided identity cards by the UNHCR often are not able to access education services. (48) However, children up to the age of 14, rescued from child labor, have the ability to attend school, including the option to take vocational trainings. (57)

The Government of India does not collect or publish data specifically on exploitative child labor, nor does it make available the raw data from the national census. (48)

India has ratified all key international conventions concerning child labor (Table 3).

The government has established laws and regulations related to child labor (Table 4). However, gaps exist in India's legal framework to adequately protect children from the worst forms of child labor, including the prohibition of recruitment of children by non-state armed groups.

* No conscription (98)

In August 2019, Parliament passed amendments to the Protection Of Children From Sexual Offences (Amendment) Act, 2019 (POCSO) which includes new penalties allowing the death penalty in particular cases, including those involving the gang rape or rape of a child below the age of 12. (57,81,162,164) In addition, in 2018 the Code of Criminal Procedure was amended to require investigations for the rape of a child to be completed within two months. (57,96, 162)

The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, which was drafted in 2018, seeks to criminalize and enhance penalties for aggravated forms of trafficking, including trafficking for the purposes of forced labor, bonded labor, and begging. (99) However, the draft legislation has to be approved by both houses of parliament and then approved by the President of India to become law; no progress was made toward enacting the bill in 2019. (100,101)

As the minimum age for work is lower than the compulsory education age, children may be encouraged to leave school before the completion of compulsory education. (87,97) Despite evidence that children work for long periods in unsafe and unhealthy environments in spinning mills, garment production, and carpet making, children ages 14 to 18 are not prohibited from working in occupations related to these sectors. (16,21,22,81,88) Lastly, while sources report that the minimum age for voluntary recruitment into India's Armed Forces is age 16 and that individuals must be age 18 to be deployed, research could not pinpoint where this criteria resides in Indian law or regulation. (102,103)

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of state government labor inspectorates that may hinder adequate enforcement of child labor laws.

In July 2019, the government passed the National Investigation Agency (Amendment) Act, which expanded the National Investigation Agency's (NIA) mandate to allow for the investigation of human trafficking cases. (48,57,101,107) Egregious cases of human trafficking that have trans-state or international border ramifications will now be transferred from state authorities to the NIA and can be tried in special courts constituted for this purpose. (48,57) As a result, in September 2019, the NIA began investigating cases in Hyderabad, West Bengal, Jharkhand, and Bangladesh, which resulted in the disruption of several interstate and cross-border human trafficking rings, including the arrest and prosecution of multiple suspected traffickers. (96)

The enforcement of labor laws is overseen by state government labor ministries, while criminal law enforcement is overseen by the state police. Labor law enforcement officers typically coordinate with the state police on cases through the Office of the District Magistrate. (48)

Labor Law Enforcement

In 2019, labor law enforcement agencies in India took actions to combat child labor (Table 6). However, gaps exist within the operations of the state government labor inspectorates that may hinder adequate labor law enforcement, including training for labor inspectors.

† Data are from April 1, 2018 to March 31, 2019.

The Constitution of India gives state governments primary responsibility for the enforcement of labor laws. (100) Although the central government seeks to collect data on national and state actions to address child labor violations, the Government of India did not provide information on the number of violations for which financial or other penalties were imposed and collected. Yet, in an answer to a Parliamentary question, the MOLE stated that 2,451,390 rupees (approximately $35,000) had been collected by all state governments in fines imposed on child labor violators during the reporting period; the number of cases that yielded these penalties is unknown. (48,96) Penalties available under the law include imprisonment for a minimum of 6 months up to 2 years and/or fines ranging from $300 to $700. (48,110-113) However, current laws are insufficient to deter employers from hiring children because imprisonment is rare and maximum fines are infrequently levied. (87)

The government neither releases data on the labor inspectorate budget nor the number of labor inspectors, but reports that it has a sufficient number of inspectors and that inspectors have sufficient office facilities, transportation, fuel, and other necessities to carry out inspections. (48,114) However, ILO and NGOs reports indicate that training for labor inspectors is inadequate, that the number of labor inspections carried out is insufficient given the size and population of the country, and the response time to complaints is too long. (48,96,114)

State government labor inspectors plan and conduct labor inspections, which are generally targeted at specific sectors or geographical areas known to involve child labor. Although labor inspectors are permitted to conduct unannounced inspections, due to social and cultural barriers, inspections of private homes and farms are done only on receipt of a complaint. (48) In addition, The Occupational Safety, Health and Working Conditions Code, 2019, which was introduced by the Lower House of Parliament in July 2019, remains pending in the Upper House of Parliament. (96,114, 163)

During the reporting period, authorities is some states acted to identify child bonded labor victims, but penalties assessed were insufficient to deter violations and criminal prosecutions were rarely initiated. Authorities in Rajasthan state rescued and released 77child bonded laborers, but only filed one First Information Report (FIR). (96,115) While Telangana authorities identified more than 2,499 bonded labor victims through its annual child labor identification drive, and levied fines against 431 offenders totaling INR 1.87 million ($26,338), it only registered criminal cases against seven suspects. The National Human Rights Commission (NHRC) ordered law enforcement and district officials to provide release certificates to bonded labor victims, but did not enforce a penalty for non-compliance. (96,115) Research indicates that the while the NHRC was often effective in securing release certificates, it required significant time and persistent follow-up from NGOs in order to do so. (96,115)

The V.V. Giri National Labor Institute, an autonomous body of MOLE, conducted six training programs in 2019, with participants from state labor departments, local village-level elected representatives, state and federal government police officials, trade union leaders, and civil society representatives. These trainings focused on proper interpretation of the Child Labor Act, how to identify and rescue child laborers, and the roles of stakeholders and government agencies in the rescue and rehabilitation of child laborers. (96,101)

Criminal Law Enforcement

In 2019, criminal law enforcement agencies in India took actions to combat child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal law enforcement, including the lack of data on state government efforts to investigate, prosecute, and convict crimes involving child labor.

Police officers have limited access to training opportunities on laws related to the worst forms of child labor and access to trainings varies from state to state. Some NGOs claim the training is inadequate. (48)

State governments have primary responsibility for criminal law enforcement. (110,116) In July 2019 in Hyderabad, India's Vice President released and distributed 300 copies of the "Training Manual on Home Management for Homes Meant for Sex Trafficked Victims" to state governments in Telangana, Andhra Pradesh, Odisha, and Jharkhand for use by shelter homes in these states. Sources report changes in caregivers' perceptions since the release of the manual, from seeing victims as being custodial responsibilities to viewing them with more compassion and empathy. (57,96,116) A total of 87 government officials in all four states, as well as staff from one shelter home in each of the four states, received training using this manual from the Ministry of Women and Child Development. (96,116) The special Protection Of Children From Sexual Offences Act Courts are designated to hear POCSO cases related to trafficking of minors for the purposes of commercial sexual exploitation, and according to information presented by the Minister for Law and Justice, there were 240,000 pending POCSO cases in the country as of December 31, 2019. (57,116)

During the reporting period, police and child protection officers in some states successfully conducted raids and other law enforcement actions to rescue children from hazardous child labor and forced labor, with large numbers of children withdrawn in Gujarat, Telangana, and Delhi states. (81,101,108) In addition, some officials suspected of child sex trafficking were arrested during the reporting period, including in Bihar and Maharashtra states.(96) In addition, in June 2019, four police officers were convicted for the 2018 gang rape and murder of a girl in Jammu and Kashmir, with one police officer given a life sentence in jail and the remaining three police officers given 5-year jail sentences. (81,96)

Despite these positive efforts, there were credible allegations during the reporting period of government officials and police officers accepting bribes from traffickers in return for protection from prosecution, as well as unconfirmed allegations of leaks from police to sites where investigations would be occurring, allowing enough notice for suspected traffickers to escape. Tamil Nadu state authorities, for example, acknowledged that some local politicians benefited with impunity from child sex trafficking and forced begging rings. (57,96) In the Delhi capital region, while the Delhi Commission for Women (DCW) identified multiple cases of child sex trafficking in unregistered spas in 2019, in some cases police reportedly did not file the required FIRs following arrests. (96,115) In one such case, the DWC summoned local police to explain its delay to file an FIR against the suspects. (115)

In late 2019 and early 2020, the National Crime Records Bureau, which collects law enforcement data from state governments regarding criminal cases involving the worst forms of child labor, released a report containing data from 2017 and 2018. (57,101,117,118) The report indicates that Rajasthan state had the highest identification of child trafficking, with 886 cases, followed by West Bengal with 450 cases. (117) In addition, the Bihar government reportedly rescued 395 children from traffickers in 2017, 366 of whom were engaged in forced child labor. The Bihar Police also registered 121 alleged cases against traffickers in 2017, but failed to file any charges against the suspects and achieved no convictions. (117) In addition, the data show an overall decrease of 38 percent in the number of victims of human trafficking identified in 2017 and 2018 compared to 2016 data. (57,101) Data also report a 30 percent increase in sexual abuse of young women in shelter homes in 2018 compared with the previous year. (57)

Efforts to combat bonded labor are hampered by a lack of awareness among workers that they are being exploited and employers who may be ignorant to the crimes they are committing. (51,57,76,116,119) Perpetrators of bonded labor must be convicted before freed laborers are able to receive a release certificate that is required for obtaining compensation under the Central Sector Scheme for Rehabilitation of Bonded Laborer or other welfare schemes, which provide access to cash rehabilitation awards, subsidized housing, and free healthcare and education to children. (57,76,81,96,119) The Government of the National Capital Territory of Delhi has issued standard operating procedures for the immediate release of financial assistance to adults and children rescued from bonded labor. However, some other state governments lack similar procedures, sometimes failed to recognize bonded labor cases, and often did not issue release certificates or provide more than the initial financial assistance to bonded labor victims. (57,81,101,112,120,121) In addition, an absence of fast-track courts to handle bonded labor cases and low conviction rates make it difficult for victims to receive benefits, including cash rehabilitation awards ranging from $1,300-3,900. (57,76,96,119) Delays in distributing financial assistance reportedly contributed to the re-victimization of bonded laborers, including children. (59,122)

Out of approximately 9,000 government-run, government-funded shelters for vulnerable individuals, including children, roughly 1,300 were not officially registered with the government. State-level Social Welfare Departments (SWDs) responsible for issuing operating licenses were slow to do so, which allowed shelters to operate with little or no oversight. (59,81,116) According to local NGOs, in some states where SWDs were not issuing licenses, unscrupulous entities took advantage of the situation and operated shelters illegally without a license. In other instances, shelter owners received grant funding from the government using their old licenses, while in the process of applying for a new license as stipulated in the amended Juvenile Justice Act. (96) In several instances, despite allegations of abuse, some shelters continued operating due to political connections. (59,81,96) During the reporting period, a continued lack of oversight and failure to investigate suspected trafficking crimes created an atmosphere of impunity for shelter home employees and government officials in government-run, government-funded shelter homes across the country. (57,59,96,115) Children residing in shelter homes were sometimes subject to child trafficking, commercial sexual exploitation, and forced labor in domestic work. (57,115) In addition, unsafe conditions and forcible detention in these shelter homes prompted some commercial sexual exploitation victims—including children—to run away from the facilities. (57,59)

As of March 2019, police had documented at least 156 children, including victims of commercial sexual exploitation, missing from 6 shelters across the country. (59,81,116) At least one shelter owner reportedly sold residents for purposes of commercial sexual exploitation, and an NGO in Andhra Pradesh operating two government-funded child care institutions (CCIs) forced children in their care into commercial sexual exploitation and domestic labor. (57,59,81,115) After repeated recommendations by the Child Welfare Committee, officials closed the CCIs and moved the children to government-run shelters. However, the criminal investigations into the abuse at these CCIs were dropped because police failed to file the charge sheets within the required timeframe. (57,115) In 2018, two police superintendents in Uttar Pradesh allegedly sent more than 405 children to a government-funded shelter home in violation of the district government's orders; the destination shelter was accused of drugging and forcing 23 children into trafficking for the purposes of commercial sexual exploitation. The Central Bureau of Investigation (CBI) conducted investigations into both of these allegations, and filed two FIRs in this case during the reporting period. (51,96,115, 161)

A 2018 report commissioned by the Bihar state government noted abuse "varying in forms and degrees of intensity," was reported to be prevalent in almost all 110 government-run, government-funded women and childcare institutions surveyed, and the report also noted "grave concerns" in 17 institutions that required immediate attention. (96) The CBI filed First Information Reports (FIRs)—written documents detailing complaints lodged with the police—against some of the Bihar state-funded shelter homes in which the TISS report had noted abuse, including charges such as "causing death by negligence." (81,115) The Bihar state government took over the management of all NGO-run, government-funded shelters in the state. (57) The CBI also completed investigations into all 17 shelters flagged for immediate attention. (81,115) Of the 17 investigations, the CBI filed charges against 13 shelter homes and successfully prosecuted one case. The CBI filed an additional 19 FIRs against some of the other 94 Bihar state-funded shelter homes in which the audit had noted abuse, including for charges such as "causing death by negligence." (96) On January 20, 2020, Brajesh Thakur, owner of the Muzaffarpur shelter and former legislator, was convicted along with 18 others of abuses under the POCSO Act and the Juvenile Justice Act for victimizing 44 girls between the ages of 7 and 17 for the purposes of commercial sexual exploitation; the trial's venue was moved to New Delhi to ensure accountability. (96,115,123,124) Of the 18 convicted individuals, 12 were sentenced to life in prison, including Thakur, a former chairperson of the Child Welfare Committee, a current member of the Child Welfare Committee, and a District Child Protection Officer. (57,115,125) Although the CBI recommended filing additional cases against 70 central government and Bihar state government officials responsible for management and oversight of the homes, the local government did not act upon these recommendations. (57,123)

Despite the aforementioned notable convictions, there were reports of inconsistencies in the investigation of the Muzaffarpur case, as well as allegations that the government shielded higher-level officials from prosecution. (123,115,126,127) Reporting found evidence that enforcement officials instructed CBI investigators to make errors on the official Muzaffarpur investigation report. (51) In addition, research indicates the CBI failed to investigate high-level officials allegedly involved in child trafficking, including politicians whom victims had repeatedly identified as sex traffickers to social services officials. (115)

The government has established mechanisms to coordinate its efforts to address child labor (Table 8).

On November 27, 2019 the federal Cabinet approved a Memorandum of Understanding (MOU) signed between India and Myanmar on enhancing bilateral cooperation for the prevention of trafficking in persons. The agreement will increase bilateral cooperation on issues of prevention, rescue, recovery, and repatriation related to human trafficking.(57,119,135) The MOU will allow for: further strengthening of investigations, prosecutions, and immigration and border control; development and implementation of anti-trafficking in persons strategies with relevant government ministries; the creation of a working group and a task force to help build the capacities of both governments to combat trafficking in persons; development and sharing of a database on traffickers and victims of trafficking in a safe and confidential manner; and formulation of Standard Operating Procedures for Rescue, Recovery, Repatriation and Integration of the victims of trafficking. (57,119,135)

In addition, at the 48th Annual Director General-level talks in June 2019, the Indian and Bangladeshi border guard forces discussed issues surrounding cross-border human trafficking in order to create a joint strategy to address the problem. The formal strategy has not yet been created. (57,96)

The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including lack of state action plans for the elimination of child labor for all state governments.

The Government of the National Capital Territory of Delhi's "Policy on Rehabilitation and Combating Trafficking of Women and Children," which would establish a rehabilitation fund for women and children who were trafficked for commercial sexual exploitation and establish state- and district-level coordination committees to undertake prevention and rehabilitation activities, remains pending in draft form. (101,112,149)

On August 21, 2019, the Tamil Nadu State Government issued a Standard Operating Procedure (SOP) to support efforts to eradicate the bonded labor system in the state by 2021. The SOP contains guidelines to facilitate the implementation of the "Bonded Labor System (Abolition) Act (1976)" and the "Central Sector Scheme for Rehabilitation of Bonded Laborers (2016)." (57,150) No other Indian states have similar SOPs to address bonded labor. (116)

In 2019, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including in the oversight of government-run, government-funded, and privately-run shelter homes that provide assistance to victims of the worst forms of child labor.

† Program is funded by the Government of India.
‡ The government had other social programs that may have included the goal of eliminating or preventing child labor. (157)

After a 2018 TISS report uncovered ongoing issues in Bihar's shelters, Delhi's state government requested the DWC conduct an independent audit of Delhi's shelters. TISS conducted this audit in 2019, which revealed that 47 of 83 shelter homes in Delhi state were operating with a valid license and that facilities were short-staffed, potentially allowing for the mistreatment of children to go unnoticed or underreported. (57,96) The Delhi audit also reported "grievous sexual and physical abuse" in at least 14 shelters, prompting the Delhi government to remove children from one of these shelters and file a FIR against the shelter owners. Delhi authorities reported no other cases of criminal negligence and did not report initiating criminal investigations into the operations of any other shelters. (96,115)

Authorities in several other states, including Andhra Pradesh, Chhattisgarh, Telangana, Jharkhand, and Odisha also ordered audits of their shelters, some of which uncovered significant problems; however, no criminal investigations were initiated in these states as a result of these audits. (57,115,158,159) Despite encouragement by the Supreme Court, none of the other 29 states reported conducting, funding, or approving independent audits. (51,59,96,115,160) As a result of these findings, Child Welfare Committees (CWCs) across the country have been working to digitize records in all shelter homes in a centralized system, so officials can monitor the number of residents in real time. As a part of this digitization of records, there will be an option within the system to note how the shelter is functioning, which will assist officials in monitoring shelter homes for potential exploitation. (96) Additionally, CWCs in most states have begun to schedule and implement regular monitoring visits of shelters, and District Inspection Committees – wherever they did not previously exist – have been established to meet regularly and assist in the monitoring of shelter homes. (57,96,116) According to local media reports, by the end of December 2019, the Government of India shut down 539 illegal shelter homes in Maharashtra, Jharkand, Karnataka, Uttar Pradesh, and Madhya Pradesh that were found to not be in compliance with requisite standards. (57,96) Children residing in the shelter homes that were shut down, were relocated to other functioning shelter homes. (96)

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in India (Table 11).

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2. UNICEF Institute for Statistics. Children's Lives Cast in Stone: Child Labour and the Sandstone Industry in Kota and Bundi. 2015. Source on file.

3. UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary education, both sexes (%). Accessed March 2020. For more information, please see "Children's Work and Education Statistics: Sources and Definitions" in the Reference Materials section of this report.
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11. Centre for Workers' Management. Brewing Misery: Condition of Working Families in Tea Plantations in West Bengal and Kerala. January 2015.
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12. Compliance Advisor Ombudsman. CAO Investigation of IFC Environmental and Social Performance in Relation to: Amalgamated Plantations Private Limited (APPL), India. September 6, 2016.
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18. Press Trust of India. 91 child workers rescued in ganjam. The New Indian Express, July 13, 2015.
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19. Unnikrishnan, Hiran. Child labour rampant in seafood units: police. The Hindu, September 1, 2016.
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20. Press Trust of India. 8 minor boys rescued from human trafficking. Business Standard, May 5, 2016.
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22. Save the Children. The Hidden Workforce: A Study on Child Labour in the Garment Industry in Delhi. 2015. Source on file.

23. Press Trust of India. Ten child labourers rescued from zari unit. The Business Standard, March 14, 2015.
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24. The Times of India. 14 minors rescued from jacket factory. September 9, 2015.
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25. Hindustan Times. In Delhi jeans factory, children hit with hammer and made to work for 22 hours. March 2, 2017. Source on file.

26. Delaney, Annie and Connor, Tim. Forced Labor in the Textile and Garment Sector in Tamil Nadu, South India. Corporate Accountability Research, 2016.
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29. Equal Times. Child labor in India's gemstone industry [Video]. 2015.
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30. The Times of India. Cops rescue child workers from bangle unit in Jaipur. December 17, 2016. Source on file.

31. Srivastava, Roli. Nearly 200 more child workers freed as crackdown continues in south India. Reuters, January 17, 2017.
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34. Sharma, Maya. Not paid, locked, and beaten; Factory workers rescued from outskirts of Bengaluru. NDTV, June 3, 2015.
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