As the first rays of unadulterated sunlight illuminate the hills of Jaintina, two young boys rub the fatigue out of their eyes and prepare for another day at work in an underground coal mine. Clad in an orange hoodie smudged with dirt like a Pollock painting and an unkempt pair of khakis, Bikash and Lakpa, 14 and 12 years old respectively, make their way down an abyss, guided only by a headlamp that illuminates the steep path before them. They soon reach the bottom of the pit, and crawl head-first into a crevice. The silence is broken by the voices of other children, some of them still attempting to habituate to the pitch darkness and suffocating rocks around them. Using a mattock, Bikash and Lapka begin to heave themselves into the coal with barely any room to manipulate their tools. The strain on their bodies is compounded by the toxic air and lack of oxygen in the tunnels where they spend hours each day. At the end of the day, they are compensated nothing for their toiling labor; instead, their parents are given a trinket to provide for the family—the two have effectively become the breadwinners for the family. India ranks third in the world in coal production, and this is one of thousands of mines that employ children for their unconscionable agenda. 

 

India is the world’s most populous democracy, and an assessment of its unique history reveals a great deal about the current controversy over child labor. India has been home to human civilization since the crux of the agricultural age, and since then, four religions have originated from here—Hinduism, Buddhism, Jainism, and Sikhism. This diversity is still represented in its people, as India is largely a multicultural and multilingual society. In the modern age, Great Britain had claimed India, and was subsequently liberated by satyagraha, a non-violent method of resistance led by Mahatma Gandhi. India has since seen a gradual shift in its economy, transitioning from largely socialist policies to a more free-market economy after the economic crisis in 1991. 

 

After abolition of the “license raj,” the system of regulations that fettered state-owned businesses, much of the state control of the economy was repealed. This allowed many wealthy businessmen and sarpanch, elected heads of local governments called panchayat (meaning self-assembled government) to privatize coal mines and capitalize on them. That, in turn, was bolstered by the new laissez-faire economy spreading throughout the country. 

 

Far from the hills of Jaintia and in the valleys of Megahalaya, a scrawny child named Bejay Rai, who claims to be 17 but looks much younger, is preparing tools for the long day ahead. The conditions in these mines are abysmal to say the least—in comparison, they make the sweatshops in America during the height of the industrial revolution look like horseplay. With no machines or even secure infrastructure to protect the workers, everyone who steps into the mines, especially children, put their lives at risk. The further down they go, the denser, heavier, and more acidic the air gets, as the oxygen levels decrease due to rebreathed carbon dioxide from all of the workers who spend hours in stressed conditions. The amount of money one makes in these mines is directly proportionate to the amount of coal they reap. With the wage already as low as it is, workers must often work without breaks or as much as a drink of water to earn enough money to support themselves with basic necessities. The inspectors who are in charge of this district are often absent, as transportation between mines is often difficult. Even medical attention is not dependable, as village doctors have nothing more than bandages and some acetaminophen to treat often severe and life-threatening illnesses.

 

Mining is a major contributor to India’s GDP, varying from 2.2% to 2.5%. Because coal mining is a substantial part of the economy, coal mines are often producing several tons of coal each week, often to the detriment of those who work there.  Those who own the mines are often wealthy businessmen and panchayat, reluctant to face the issue of child labor in the mines, and many who are asked to comment on the issue either decline their ownership or refuse entirely. While these well-connected owners reap the profits of the coal mines, the men, women, and children who work there are barely paid and receive no form of compensation for injuries or even death.  

 

UNICEF estimated that India has the highest number of child laborers under 14 in the world, with “12.6 million children engaged in hazardous occupations.” In response, India has set forth laws to attempt to protect children working in mines. The Right of Children to Free and Compulsory Education Act of 2009 mandates free and compulsory education to all children between the ages of 6 and 14. The Child Labor (Prohibition and Regulation) Act of 1986 prohibited the employment of children below the age of 14 in hazardous conditions, and The Juvenile Justice (Care and Protection) of Children Act of 2000 criminalized these actions. In fact, legislation against childhood labor in India can even be traced to 1952, when The Mines Act of 1952 prohibited the employment of children below 18 in a mine, largely to no avail. 

 

There can be no negligence without injury. According to the Child Labor Division of the Ministry of Labor and Employment, the government “has accordingly been taking proactive steps to tackle this problem through strict enforcement of legislative provisions along with simultaneous rehabilitative measures.” However, childhood labor continues to run rampant in India, with no centralized system of law enforcement to execute these laws. Furthermore, the Child Labor Division reports that “State Governments, which are the appropriate implementing authorities, have been conducting regular inspections and raids to detect cases of violations,” when it is clear that for the thousands of children working in these mines, they receive no respite from the daily suffering they endure. 

 

Like any complex social issues, there are myriad reasons that contribute to the human rights violations of childhood labor in the mines of India. First and foremost, however, is poverty. Despite having one of the largest number of living billionaires, 836 million people in India live below the poverty line, living on less than 50 cents a day. However, the income disparity is not uniform, and similar to China, the economic discrepancy throughout the country depends on the particular area. Especially in rural areas of India, children who work are often the breadwinners of the family. Many adults rely on their children to generate whatever amount of money they can earn to support the family, or in rare occasions, to feed their alcohol or gambling addictions. In the majority of cases, however, poverty drives the parents of these children to form long-term “employer-slave” relationships with employers, which children are tied to with minimal to no compensation. The International Labor Organization reports that income from a child is instrumental for both the child and the family the child supports, resulting in as much as 25 to 40% of the household income. This type of bonded child labor is a form of slavery, and is a crime that must be stopped. 

 

Another contributor to the issue of childhood labor in mines is the lack of available schooling. In rural areas, where many coal mines are located, education is often scarce for poor families. For those who can muster up enough to send their children to school, the quality of education is stymied by high student-to-teacher ratios, poor infrastructure, and lack of training for teachers. The most qualified teachers are often at private, or non-governmental schools, where middle-class parents send their children. 

 

India’s social history is also illuminating. Indian society is culturally patriarchal, and girls attain a lower familial status than the boys—girls are expected to remain home and learn domestic skills. The domestic role imposed upon girls hinders many girls from receiving the education that their male counterparts would normally be able to receive. Indeed, according to UNICEF, girls are twice as likely to be out of school and working in a domestic role. Yet the problem goes beyond mere expectations and social pressures. According to UNICEF, girls are often harassed or bullied and prejudiced due to their gender.5

 

The Indian government, then, faces myriad challenges. It has indeed addressed the issues of child labor in mines and childhood education: in 2009, the parliament of India enacted “The Right of Children to Free and Compulsory Education Act.” But considerable governmental denial persists. For example, when a BBC reporter confronts labor minister Ampareen Lyngdoh, about child labor in the mines, Lyngdoh deflects, arguing that mine owners and actual mine workers say that these kids are actually not involved in mining. The government remains largely agnostic of the fact that children do work in the mines. In fact, when various child advocacy organizations petitioned the Indian government regarding the specific issue of childhood labor in mines, they responded with a hand-wave, arguing that the list of children working in the mines must be provided.

 

The issues contributing to child labor in Indian mines are clearly multifaceted, but they are further compounded by the fact that the government does not recognize that the laws are being broken and fails to enact programs to bring about comprehensive reform. Admittedly, part of the issue is the very composition of India as a nation—many poor families face little economic alternatives. But there is clearly a need for action. 

 

The Indian government must implement systematic changes to the way that child labor is perceived in the country. It must also target the severe wealth disparity between various regions of the nation. Only then can specific legislation be passed to curb labor in the mines. 

 

First, the Indian government needs to take ownership of the issue. Kushal Singh, the head of the National Commission for Protection of Child Rights, agrees that the “child labor prohibition and regulation act is totally outdated.” The government must draft clear laws criminalizing child labor in the nation, and disseminate it to the general population. That means reevaluating the definition of hazardous and non-hazardous work as well as the national age at which children will not be allowed to work, which is currently 14, but is often disputed among local governments. 

 

Second, the government needs to better establish a standard infrastructure for public education that takes into consideration the economic background of the individuals living in that area. Education, though a separate problem, is of paramount importance: even if child labor laws are enacted and enforced, when children do not have access to schools, employers will find ways to force them into the work force. Moreover, schools in rural areas must be heavily subsidized—the government is in fact devoting certain spots in private schools to disadvantaged students, an effective step towards a well-educated public. 

 

Third, work networks in mines must be fully defined. Currently, there are many who work in mines because they simply need to eat, and work to get enough for the week and travel elsewhere. The problem is, however, that employment networks in these coal mines are incredibly transient and complex. This allows children to slip in and out of mines and get paid to work. Better defining the limits and networks of employers that work in the mines can flag individuals who straggle around mines for a temporary source of income and prevent children from working in the mines. This also encourages individuals to remain more stationary and enrich the neighborhood they live in. Furthermore, the current control of the economy is flawed, as international corporations have flock into India for cheap labor to harvest raw materials for both manufacture and production of their products. Proper infrastructure is necessary to keep these corporations accountable for the labor they employ for their agendas.  

 

Further, an expansion of existing inspection programs is crucial. This should ideally be an external organization that assesses the supply chain. However, another branch of the Child Labor Division of the Ministry of Labor and Employment can also suffice. That agency should manage a group whose primary responsibility is to evaluate the source of many of these problems. The Indian government must take more responsibility over the mines, as the owners are well-connected and powerful individuals who are far removed from the realities of the mines they garner profit from. Universal regulations for coal mines, can improve the working conditions of these mines and better inform the public.

 

Last, a law that adjusts the minimum wage is clearly needed not only for children who work in mines, but also for the prosperity of the nation as a whole. A living wage will enable many parents to support their families and thus keep their children in school, at home, and out of the mines. The alternative, allowing the market alone to control wages, ultimately results in an unjust system that leaves countless families without basic necessities. 

 

Apart from the Indian government, this issue cannot be eradicated with legislation alone. Parents, neighbors, teachers, and leaders of every community must recognize that having children work in mines is not acceptable. For this issue, awareness is the most important first step to eradicating it. Although mine owners want to keep their practices in the shadows, organizations like NGO Impulse, bring much needed attention to this issue, which prompts people to support the cause which eventually can lead to broader legislative and social changes.

 

Back in the hills of Jaintina, Bikash and Lakpa crawl out of the mines and into the starry night sky. Their faces are speckled with dirt and dust, their eyes bloodshot from hours of work and limbs sore from the work they’ve endured. Every day, they spend the good portion of the day heaving away at the rocks with seemingly no end. However, an anti-human trafficking organization known as NGO Impulse sends an ambassador to retrieve the children and return them to school, where they can resume the education that they were so abruptly deprived of. Although Lakpa does not want to leave the mines, Bikash and his brother Bishal have big dreams for the future—“I want to be a doctor,” he confesses, while his brother has dreams of becoming a pilot. They make their way back into a bustling primary school filled to the brim with excited students dressed for success, and begin a new chapter in their lives—a chance for a purpose driven life. The story of these two boys is a heartwarming one, but in reality, unconscionably few and far in between. Many children who work in these mines go neglected and many live their entire lives toiling away the mines at the expense to their health and at the benefit of those they work for.

 

And yet, they endure and persevere. Children all over India working in mines and elsewhere soldier on, unaware of opportunities that they are not availed to because of their current situation. They lack advocates, and solving this issue starts exactly at that.

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