Labour and Employment Department Child Labour Standard Operating Procedure for effective Enforcement of Child and Adolescent Labour (Prohibi

2 · In the letter 2nd read above, the Commissioner of Labour has requested to prepare the Standard Operating Procedure for eradication of Child Labour based on the instruction, issued in the above said Task Force meeting:

3 · In the letters 3rd read above, the Commissioner of Labour has sent a draft Standard Operating Procedure(SOP) to the Government and has also sent the said draft Standard Operating Procedure(SOP) to the line departments requesting them to offer their valuable suggestions inputs, if any for effective eradication of Child Labour, since it is reveal that the Standard Operating Procedure has connection with many line departments, that is Rural Development and Panchayat Raj, Social Welfare and Nutritious Meal Programme, School Education; Public Works, Highways and Minor Ports, Home (Police) , Health and Family Welfare_ Municipal Administration and Water Supply, Information and Public Relations, Revenue, Adi Dravidar and Tribal Welfare, Backward Classes, Most Backward Classes and Minorities Welfare Departments and Tamil Nadu State Commission for Protection of Child Rights etc , to the Government for approval:

5 · The Standard Operating Procedure will be followed by the concerned officials with fullest co-operation to the Collectors and Commissioner of Labour for successful implementation of the Child and Adolescent Labour (Prohibition and Regulation) Act 1986 and it will promote the implementation of uniform procedure and to ensure the clarification of understanding on the subject with the basic objective of assisting to the District Collectors and their team to achieve the goal of eradication of Child Labour System in our State.

6 · The progress of implementation, inspection and rescued Child Labour details, online updation in PENCIL Portal, rescued Child Labour shall be mainstreamed to education, Legal action shall be taken against the errant employer under the Child and Adolescent Labour (Prohibition and Regulation) Act 1986, etc. shall be monitored by the Commissioner of Labour and a report shall be sent to Government every month: (BY ORDER OF THE GOVERNOR)

1 · 1 Vision

1 · 2 Standard Operating Procedure

2 · 1 Need for Survey The Child and Adolescent Labour Survey is the starting point for any meaningful intervention to eradicate child and adolescent labour. The baseline survey would help to identify "all working children and adolescents in hazardous occupations or processes' in the target areas:

2 · 1 (a) On identification of out of school children in the age group 6 -14, SSA will provide academic support like admission in schools special training centres immediately after identification, providing all cost free items supplied by the Government, providing on-site academic support by block resource teacher educators, mainstreaming of children in schools after completing special training and tracking their continuance in schools till they complete elementary education:

2 · 2 Sources of Information

2 · 2 (a) Inspection carried out on MSMEs (Micro Small and Medium Enterprises) and field verification done on UYEGP (Unemployed Youth Generation Programme), PMEGP (Prime Minister Employment Generation Programme) and NEEDS (New Entrepreneur Employment Development Scheme) by field officials, District Industries Centre of Department of Industries and Commerce_

2 · 2 (b) Baseline survey may be conducted by the District Administration based on the Information received from child line, District Child Protection Officers, District Child Protection Unit; Police and any other District studies by Institutes and Central Statistics Office.

2 · 3 District level Survey The survey at the District level may be conducted through: Independent agency; The field survey can be entrusted to the Government functionaries with the task and paid some honorarium for doing the actual survey work or; Alternately Mahalir Thittam, Pudhu Vazhvu Project; SHGs and NSS volunteers, etc can be CO-opted for the survey and paid some honorarium: 2.4 Expected Outcome The survey should provide the following information: Magnitude of the child labour; Its classification by occupations and processes (hazardous and non- hazardous) , and its geographical distribution; Migration of Child Labour in both Inter State and Intra State; Full details such as name of the childladolescent and their fatherlguardian's name, age, sex; level of literacy, address and occupations & processes from where childladolescent would be withdrawn and employer's address; Economic conditions of parents; Access to primary education:

3 · Rescue

3 · 1 Identification & pre rescue

3 · 2 During rescue

3 · 3 After rescue Rescue team will come across three major categories of rescued children: They are; Rescued child belongs to the native district: After rescue, the child will be produce before the CWC in the district ;

5 · Compounding

6 · Rehabilitation

6 · 1 Children & Adolescents

6 · 2 Family The District Administration to support rescued childladolescent family through targeted implementations of various welfare schemes including the following: - Aadhaar Card Ration Card Community Certificate Voter ID MNREGA Card Land patta Medical facilities Provision of assistance under various schemes of Welfare Board like Marriage Assistance/Old Age Pension/Maternity Grants /Educational Assistance Self Employment Schemes through Bank Loans AD & TW Welfare benefits Employable skill development training Amma Skill development and Training scheme Integrated child protection scheme

7 · . Awareness & Trainings 7.1 Awareness Create awareness and sensitize employer community, parents and general public about the provisions of Child and Adolescent Labour (P&R) Act; 1986 and issues relating to child and adolescent labour; Notice in the local language and in the English language containing an abstract of prohibition of employment and penalties under the act should be displaced in a conspicuous and accessible place at every office work site educational institutions and public places; Awareness campaigns may be conducted to the general public, consumers, vulnerable communities etc. using folk, traditional media, mass media such as Television or Radio, print media; Wide coverage of child adolescent rescued to be published in print and television media: However, care should be taken to hide the face and name of the rescued child adolescents;

7 · 2 Trainings The Periodical training on elimination of child and adolescent labour to be provided to all stake holders including Judicial Officers, Labour Department officers, DISH officers, Police, Revenue, Health, Social Defence, Education, Social Welfare and other officials of line departments at State and District levels; All the Stake holders shall be sensitized about the schemes available to the rescued child adolescent Labourers; Aid and assist different training institutes meant for senior Government Officials, Judicial Training Institutes, Business Schools, Law Schools etc , to include information on legal implication of child and adolescent labour. 8_ Enforcement To conduct periodical surprise inspections based on complaints received (oral or written) or directions issued by the District Collector or Commissioner of Labour. If child adolescent labour is identified the following procedures to be carried out: A detailed inspection report should be prepared by the concerned area enforcement officer with date and time of inspection along with the signature of the inspection team and employers occupier and collect some proof of evidence regarding employment of child and licence for establishment for proof of employment; The inspection report should contain the identified child ladolescent labour name; father's name, residential address etc , including mobile number; Nature of occupations processes in which the child adolescent was engaged at the time of inspection should be recorded in the inspection report; Signature of the two independent witnesses should be obtained at the time of inspection; The child adolescent to be enquired and details should be recorded regarding nature; tenure and conditions of employment; working hours, salary, food and accommodation; The inspector should take all necessary efforts to ascertain exact age for this purpose through documents viz , birth certificate, school transfer certificate, mark statement: If the above documents are not available; the enforcement officer shall produce the rescued child adolescent before the appropriate medical authority to obtain the certificate of age;

9 · Documentation

12 · Reporting The State Nodal Officer to compile the district wise report and maintain data base relating to rescue, rehabilitation, prosecution, conviction fine amount and details of amount collected as per Supreme Court directions; The District Collector District Nodal officer shall collect the details of child adolescent labour identified, rehabilitation measures taken prosecution details from Inspector of Labour and DISH officials on monthly basis and send the same to the Commissioner of Labour:

13 · Role of authorities

13 · 1 Role of District Collector:- A. Prevention:- a Ensure formation and monthly meeting of the District Task Force (DTF) . Co-ordinate with the District Nodal Officer (DNO) for the same. b_ Develop a plan for prevention activities in the district and tract its progress in monthly DTF meeting: B. Identification:- a Ensure coordination with various agencies through DTF for survey and identification of child labourers; and adolescent labour in hazardous employments in the district. b_ Based on the identification ensure that the DTF develops an action plan for elimination of child labour. C. Preparation before rescue a) If there is a_ threat to life or liberty of the victim as per complaint; ensure their immediate rescue in coordination with the police and DNO. b) Ensure resources needed for each rescue of child labourers are made available including logistical resource_ transportation, members of the rescue team; information to Children's home etc , as per this Standard Operating Procedure (SOP): D: Rescue a) Ensure that the rescue is conducted on all verified complaints or as per information received by DTF. b) Ensure that the during the rescue, protection is given to the victims and no victim is left behind:

1 · Monitor registration of FIR for all cases of Child Labour or adolescent labour in hazardous employments under all relevant child protection laws. 2_ Ensure that all rescued child or adolescent before the CWC within 24 hours of rescue. 3_ Monitor and ensure all cases for. (i). Immediate medical care etc wherever necessary. 'ii) . Immediate separation of the victim and accused: No child or adolescent is kept in the police station overnight: iv) . Shelter home, fit person or fit facility is available for immediate care as well as long term care and rehabilitation of children. (v). Children who require long term medical care (both physical and psychological) is provided the same. 4_ Conduct timely summary trial as well as issue release certificate to access other forms of compensation under the Bonded Labour System (Abolition) Act; 1976. 5_ Monitor the progress of the investigation of all cases of child and adolescent labour in hazardous employment through DTF. 6_ Ensure coordination with enforcement officers of Labour & DISH:

13 · 4 Role of State Resource Centre Labour Department A. Prevention 1 Implement prevention activities at the state level: 2 Monitor prevention activities in each district and utilization of allocated funds for prevention allocated to NCLP Society and DNO. 3 Upload Information of prevention on the PENCIL portal. 4. Build capacity of NCLP staff, enforcement officer and other district level implementation officers for implementation of this SOP . B. Identification

1 · Monitor timely action by DNO on complaints received (DNO to take action within 48 hours of receipt of complaint) and take appropriate action. 2_ Monitor Child labour survey in the State. 3 Create plan for and monitor implementation of inspections by labour inspectors on the issue: 4_ Monitor second action report by DNO.

14 · Role of other Departments

14 · 1 Labour Department a_ Labour department to act as nodal agency and facilitate the co-ordination between various implementing agencies departments at State level: b_ To ensure strict implementation of all the labour laws relating to prohibition of child/adolescent labour. C_ To conduct raids/ inspections with the help of District Task Force in spots having high incidence of childladolescent labour. d. To facilitate the collection and compilation of data on childladolescent labour through district administration: e Prepare profile of rescued childladolescent Labour and their families: f. Post rescue coordination with NGOs for accommodation, transportation, producing of children before the Child Welfare Committee; food and medical check-up. g Enrolment of the rescued childladolescent labour by providing vocational training in Special Training Centres under NCLP or SSA bridge courses in the home district. h_ After the raid, intimate the press to give wide publicity on raids and prosecutions without revealing the name and photo of the rescued childladolescent: 1. To utilize the services of Medical Officers of Employees State Insurance Corporation, Health Departmentl Local PHC's for the certification for proof of age of childl adolescent labour. J: Vigorous enforcement of the Minimum Wages Act, 1948. k To observe June 12th of every year as "Anti Child Labour Day" by organizing awareness programmes: To generate awareness among employers, parents, trade unions, student community about childladolescent labour by organizing campaigns and sensitization programmes: m. To organize training programmes, seminars and workshops: n Share information about the rescued children to the District Education Officers for rehabilitation of children and Revenue Department for providing alternative income generation through various schemes:

14 · 5 Department of Rural Development

14 · 6

14 · 7

14 · 8 Public Works and Highways Department a The work contract assigned to the contractors shall be cancelled if they engage childl adolescent labour in executing works and such contractors should be black listed for three years. The above instructions shall be included in the tender documents of public works and High ways Department while by floating tender.

14 · 9 Police Department a_ The Police Inspectors should exercise the powers vested in them under Section 16 of the Child Labour (Prohibition and Regulation) Act, 1986 and book cases against erring establishments: b_ To give adequate protection to the District Task Force officials when the raids are conducted for release of childladolescent labour and collect evidence for the case. C To take custody of the rescued Childladolescent Labour who need care and protection and hand over them safely to the Children's Home d_ To middle men and agents under appropriate criminal laws: e To give escorts and protection during awareness campaigns: f The Railway Protection Force may inform Labour Department on prevalence of Childladolescent labour in catering establishments at Railway Stations: 14.10 Health Department a_ To accompany the enforcement officials during special raids by Labour and DISH Department and raids organized by the district Special Task Force b_ To ascertain exact age and issue Age Certificate after appropriate medical examination. C To undertake health care programmes, counselling and periodical health check-up to the released childladolescent labour at the NCLP Special Training Centres:

14 · 11 Department of Municipal Administration a_ To observe 12th June of every year as "Anti Child Labour Day" by organizing awareness programmes involving all elected representatives of all the wards and Councils: b To ensure that every council passes resolutions stating that they would eliminate childladolescent labour and endeavour; to rehabilitate the released childladolescent labour and shall make efforts to declare their Council as a childladolescent labour free council: C To maintain profiles of children up to the age of fourteen years: d_ To ensure and monitor admission, attendance and completion of elementary education in schools run by Municipalities Corporations: e To ensure that no child below 14 years of age is allowed to work in their jurisdiction f_ To obtain an undertaking while granting any license permission to the effect that the applicant should not engage childladolescent labour. In case of violation, such licenses permission should be cancelled: g- To conduct sensitization and awareness training programmes against the employment of childladolescent labour to all functionaries of urban local bodies including the Councilors, Commissioners and field functionaries. h_ To report the existence of child labourers in their jurisdiction to enforcement officer of Labour DISH of the District shall be made mandatory: To initiate Child Labour Monitoring system in all local bodies to prevent the system of Child Labour.

14 · 12 Information and Public Relations Department a To undertake massive publicity campaign among the public to create an environment that encourage the children to go to school instead of work: b_ To play a pivotal role with the active support of media and other resource groups including advertising agencies, NGO and district committees for childladolescent Labour Elimination: C To highlight and document the issue of childladolescent labour and their success stories: d_ To undertake a campaign to create awareness about the government schemes specially meant for rehabilitating childladolescent labour:

14 · 13 Revenue Department a_ To enforce Childladolescent Labour (Prohibition and Regulation) Act; 1986 and identify children employed in hazardous employment and take necessary measures to release them from employment: b_ AIl Revenue Divisional Officers to be made responsible for the rescue and rehabilitation of Childladolescent Labour. C_ Take measures to rehabilitate child/adolescent labour families by issuing free housing patta: 14.14 Adi Dravida and Tribal Welfare Department a To provide hostel facilities to the childladolescent labourers of SCIST Community: b To provide scholarship amount to childrenladolescents who are released from employment and mainstreamed into formal schools. C To improve the economic standard of the childladolescent labour families by enabling them to get bank loans through TAHDCO.

14 · 15 Backward Community And Most Backward And Denotified Communities Welfare Department a To provide Hostel facilities to the childladolescent labourers of BCIMBC Community: b To provide scholarship amount to children who are released from employment and mainstreamed into formal schools.

14 · 16 Commissionerate of Social Defence

14 · 17 Tamil Nadu State Commission for Protection of Child rights: a_ The commission shall undertakes programs and activities which may lead to building of an enabling environment and awareness in the society against the practice of child adolescent labour. bs The Commission shall conduct surprise inspections to the NCLPs at the District level: C_ The Commission shall play a significant role in holding public hearings on child/adolescent labour issues: d. The Commission shall monitor and review the implementation of legislations and measures for welfare of childladolescent labour, and advise the Government on matters related to childladolescent labour. 14.18 Integrated Child Development Services a Include the Child and Adolescent Labour issues in the curriculum of job training of ICDS Functionaries viz. CDPOs, Supervisors and Anganwadi employees: b_ To sensitize the frontline functionaries on prevention and rehabilitation of the rescued Child and Adolescent Labour. C To enroll the rescued Adolescent Girls aged 11 to 15 years getting data from Labour Department in the Scheme for Adolescent Girls (SAG) Programmes: d_ Provide supplementary Nutrition in the SAG Programmes for the rescued Adolescent Girls aged 11 to 15 years to improve the nutritional status and provide health check-up and IFA Supplementation. e Provide Life Skill Education, Nutrition, Health Education, Counseling; Guidance and accessing public services for promoting awareness on Health and Nutrition, Family Care, link them to opportunities and going back to school for the rescued Adolescent Girls. 14.19 NGO's and Other Organizations a Non-Governmental Organizations Help in identification and mapping of various forms of Child/Adolescent Labour: Help in release of ChildAdolescent Labour: Child Line, VLWC, VLCPC to Help in taking care of the rescued Child Adolescent Labour until they are rehabilitated: Conduct Awareness Programmes on Eradication of Child/Adolescent Labour: b_ Employers' Associations The Employers' Associations including Chambers of Commerce may influence their members not to employ child /adolescent labour in any of the activities: They should also sponsor schemes programmes to help in rehabilitation of the released child /adolescent labour: C Trade Unions: Help in identification and mapping of various forms of Child /Adolescent Labour: Help in release of the Child /Adolescent Labour. Conduct Awareness Programmes on Eradication of Child /Adolescent Labour. SUNIL PALIWAL, PRINCIPAL SECRETARY TO GOVERNMENT.