Sivakasi in Tamil Nadu is known for its manufacturing clusters on firecrackers and matches. The local economy of the area is largely dependent on firecrackers industry. It has led to tangible economic development and improved standard of living in the area. So far as child labour norms for hazardous industries like firecrackers industry are concerned, International Labour Organization (ILO) has set the minimum age as 18 years. In India, however, this age is 14 years. The units in industrial clusters of firecrackers can be classified into registered and non-registered entities. One typical unit is household-based work. Though the law is clear on the use of child labour employment norms in registered/non-registered units, it does not include household-based works. Household-based work means children working under the supervision of their parents/relatives. To evade child labour norms, several units project themselves as household-based works but employ children from outside. Needless to say that employing children saves the costs for these units leading to higher profits to the owners. You have visited a unit in Sivakasi, where you notice about 10-15 children below 14 years of age. The owner tells you that in his household-based unit, the children are all his relatives. You notice that several children smirk, when the owner tells you this. On deeper enquiry, you figure out that neither the owner nor the children are able to satisfactorily establish their relationship with each other. (a) Bring out and discuss the ethical issues involved in the above case. (b) What would be your reaction after your above visit?

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Q1.

Sivakasi in Tamil Nadu is known for its manufacturing clusters on firecrackers and matches. The local economy of the area is largely dependent on firecrackers industry. It has led to tangible economic development and improved standard of living in the area. So far as child labour norms for hazardous industries like firecrackers industry are concerned, International Labour Organization (ILO) has set the minimum age as 18 years. In India, however, this age is 14 years. The units in industrial clusters of firecrackers can be classified into registered and non-registered entities. One typical unit is household-based work. Though the law is clear on the use of child labour employment norms in registered/non-registered units, it does not include household-based works. Household-based work means children working under the supervision of their parents/relatives. To evade child labour norms, several units project themselves as household-based works but employ children from outside. Needless to say that employing children saves the costs for these units leading to higher profits to the owners. You have visited a unit in Sivakasi, where you notice about 10-15 children below 14 years of age. The owner tells you that in his household-based unit, the children are all his relatives. You notice that several children smirk, when the owner tells you this. On deeper enquiry, you figure out that neither the owner nor the children are able to satisfactorily establish their relationship with each other. (a) Bring out and discuss the ethical issues involved in the above case. (b) What would be your reaction after your above visit?25

Introduction

The children's smirk exposed the "household" as a cover. The core dilemma is between the Livelihood of a prosperous cluster and the Right to Childhood under Articles 21A and 24.

(a) Ethical Issues Involved in the Case

1. Children as means: Child labour cuts costs by treating children as tools in a hazardous trade where the 2012 Mudalipatti blast near Sivakasi killed about 40. 2. Letter vs spirit: Abusing the household exemption is deceit dressed as compliance, a Yudhishthira's Half-Truth. 3. Double standard: The ILO's age bar for hazardous work is 18; Indian law then set 14. 4. Normalised exploitation and state failure: Coached children and lax inspection reflect Motivated Blindness and systemic Bystander Apathy.

(b) My Reaction After the Visit

Livelihood vs Childhood. Venn diagram: Family Livelihood, Right to Childhood; overlap: Rescue plus family support

Immediate

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Record and rescue

Document ages and statements, alert the labour officer, police and Childline 1098 [scheme], and produce the children before the Child Welfare Committee.

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Prosecute

Invoke child labour law and Section 79 of the Juvenile Justice Act, 2015, and recover compensation per M.C. Mehta (1996) [case].

Intermediate

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Rehabilitate

Enrol the children in bridge schooling under Samagra Shiksha, which has absorbed the NCLP [scheme], and link parents to livelihood support.

Long-term

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Close the loophole

Survey home units through the PENCIL portal (2017) [scheme] and require proof of kinship.

Justification:

Kant's Categorical Imperative: children must never be used merely as means to profit.

Conclusion

Rescue, prosecution and rehabilitation together protect childhood without punishing poor families, so Sivakasi's prosperity rests on adult hands.

This model answer is indicative and the model can make mistakes; please verify key facts independently.

Question from the official UPSC Civil Services (Main) Examination 2013 paper. Answer written by Ghissu's engine and checked against our editorial standards. Found an error? Tell us and we correct it within 48 hours.