Child Artist a glamorized version of child labour PDF

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Child artists: Glamorized version of child LabourBy Prof. Nisha Parekh Smt. Devkiba Mohansinhji Chauhan College of Law, SilvassaAbstractChildren are the future of a nation. It is number of times said that “the children are the citizen of tomorrow” and “today’s children are the nation builders of tom...

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Child artists: Glamorized version of child Labour By Prof. Nisha Parekh Smt. Devkiba Mohansinhji Chauhan College of Law, Silvassa

Abstract

Children are the future of a nation. It is number of times said that “the children are the citizen of tomorrow” and “today’s children are the nation builders of tomorrow” etc. But in reality the story is totally different. In all over the world, the conditions of child labour are alarming and unsatisfactory. A glance at child labour in India convinces that child labour is one of the cruel acts where they were underpaid, physically and mentally exploited.

Working of the children in entertainment or sports industries is also a part of the same platform. Although, there is lot of sophistication and polished behavior in the later case since all appears to be glamorous in the eyes of the parent and the employer. Still the existence of such a practice calls for attention. This paper presents an overview of children in the entertainment industry their nature of work, restrictions on children working, Roles of parents and employers and the laws and regulations combating the same. It presents the data provided by the secondary sources of data.

INTRODUCTION

What we see today is glamour world full of colors, life, success and money. But the hidden fact behind this is black and white world of work and stress. India is one of the largest victims of child labor. Daily on television, the social activists groups talks about the rights of children. Even various TV shows highlight the problem of child labor in India. However, the entertainment industry doesn’t follow what they boast about child labor and their education. Child artists form a big part of entertainment world, but no one ever questions them.

Today Indian TV industry is full of shows which have child oriented theme. There are many children working in popular shows then it may be Chakor of Udaan or Ruhi of Ye Hai Mohabbtein or Tapu Sena of Tarak Mehta Ka Ooltah Chasma. There are also child oriented many reality shows broadcasting now a days. These children are unnoticed victims of child labor. Whenever a child is forced to work at the cost of education, it is said to be against child labor laws. However, no one ever question the child artists who have to act for long hours on the cost of education. Whichever channel we surf, we can find cute kids loaded with kilos of make-up, decorated in costumes, speaking long emotional sentences which even they do not understand.

DEFINITION OF CHILD LABOUR Child labour refers to the use of children as a source of labour while depriving them of their fundamental rights in the process. Such rights include the opportunity to enjoy their childhood, attend school regularly, have peace of mind, and live a dignified life.

As per Definition Given by ILO – “Child Labour is work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development”1

ISSUE RELATING TO CHILD ARTIST 1) Mental and Physical well-being Participating in an adult-oriented industry, children are often exposed to unsuitable anxiety inducing, and at times, dangerous operational hazards and situations. In the absence of any monitoring mechanism, child actors being exploited when it comes to the number of hours worked per day. Child artists are often immensely appreciated and acceptance among the masses while they are still children; however as they grow up these children are not able to handle the rejection. 1 Official web site of International Labour Organization: http://www.ilo.org/legacy/english/regions/asro/newdelhi/ipec/responses/india/national.htm

2) Education It is agreed that participation in sports and cultural activities help in the overall development of the child. At the same time education is a fundamental right. The Right to Education Act, 2009 makes education mandatory for all children in the age group 6-14 years. It is very difficult for the child to catch up with the portion he has lost out on shooting schedule.

3) Right to selection of Profession Under article 19 of the constitution of India, it is provided that everyone has the right of freedom of speech and expression. This right has also been given to a child. During the course of their short careers, some children may get exposed to sudden wealth and fame. The possibilities of such children being exploited as their parents are likely to then be tempted by the spotlight or the possibility of augmenting the family income by pushing them into new assignments.

4) Roles of the opposite gender Even some kids are given roles of the opposite gender. This can affect their thinking and might even have a bad effect on their personality.

5) Ownership of earning Many child actors never got to see the money they earned because they were not in charge of this money. Jackie Coogan earned millions of dollars from working as a child actor only to see most of it squandered by his parents.

WHY CHILD ARTIST IS NOT CONSIDERED AS CHILD LABOUR Section 3 Clause 5 of The Child Labour (Prohibition and Regulation) Act, 2016

allowed children working as artists in an audio-visual entertainment industry, including advertisement, films, television serials or any such other entertainment or sports activities except the circus. The clause is also dangerous as it does not define the hours of work; it simply

states that children may work after school hours or during vacations.

LAW RELATING TO CHILD ARTIST A) The Constitutional Provisions: 1) Right to Education (Art. 21A) The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law determine.

2) Prohibition of traffic in human beings and forced labour (Art. 23) Forced labour is prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

3) Directive principles of the state policy (Art. 39(f)) Those children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood

B) Special Legislation 1) The Right of Children to Free and Compulsory Education Act, 2009: Provides for free and compulsory education to all children aged 6 to 14 years.

2) The Juvenile Justice (Care and Protection) of Children Act, 2000: This Act was last amended in 2002 in conformity with the UN Convention on the Rights of the Child. Section 26 of this Act deals with the procures a juvenile or the child for the purpose of any hazardous employment.

3) The Child Labour (Prohibition and Regulation) Act, 1986: The Act prohibits the employment of children below the age of 14 years in 16 occupations and 65 processes that are hazardous to the children's lives and health.

THE NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS:– The National Commission for the Protection of Child Rights on 14 January 2008 gives guidelines for the purpose of safeguarding the rights of children participating in Tele serials, Advertisements, etc. The scope of these guidelines covers television programs including reality shows, serials, non-news based programs, advertising and any other programs on television that involve a child or children.

GUIDELINES – 1. Content of Programs Involving Children: The guideline suggests that the child should be dressed properly and should not be put into embarrassment situations. Again the child should not be shown as consuming any of the tobacco items. The guidelines further directed to the reality shows to handle the issue of competitions between students and subject of child abuse more sensitively.

2. Defining Age-related Norms for the Participation of Children in TV/Reality Shows: There should be age-appropriate regulation. The hours of child shoot need to be determined depending upon the age of child. The child should not participated more than one production at a time and for schooling of child not to be affected the shooting should at the weekends or holidays.

Permitted Working Hours for School-Aged or Young Children Working in Recorded Entertainment

Age

Hours during

Maximum

Maximum Number

Which School-Aged

Working Hours

of Days of Work in

or Young

a Day

the Previous 7 Days

Child May Work Under 3 years At least 3 years but

6 am to 6 pm 6am to 11pm

4 6

3 4

under 8 years At least 8 years but

6am to 11pm

8

5

under 16 years Permitted Working Hours for School-Aged or Young Children Working in Live Entertainment

Age

Under 2 years At least 2 years but under 6 years At least 6 years but under 10 years At least 10 years but under 12 years At least 12 years but under 16 years

Hours during WhichSchool-Aged or Young Child May Work 9am to 6pm 9am to 6pm

Maximum Working Hours a Day

Maximum Number of Days of Work in the Previous 7 Days

4 4

1 3

9am to 10pm

4

4

9am to 11pm

6

4

9am to 11pm

8

4

3. Child Protection and Supervision: The committee suggests that the parents or known person should be present with the childat the time shooting.

4. Ensuring the Physical Conditions and Safety of Children: The committee suggests that the production environment should be safe for children as well as all the production unit frame guidelines which include the general principles, procedure for seeking consent of parents, good practice, staff protocols for engagement with children and a child protection policy.

The production houses may also ensure that the proper medical and food facilities and producers should ensure that a child psychologist/ counselor are be available on call.

5. Terms and Conditions for Parental/Guardian Consent: The committee suggests the consent term shall be signed by the parents/guardians before the participation of child in programs and the consent should as per the restriction set by the Right to Education Act.

OBLIGATIONS FOR EMPLOYER

Due to the unique requirements of the entertainment industry some employer obligations have been developed to ensure appropriate protection is afforded children of school age or younger, including babies working in this industry

The requirements include: Prohibition on inappropriate roles and situations Prohibition on nudity and sexually provocative clothing Employer’s duty about collection of child and travel home Employer’s duty to provide food and drink Employer’s duty to protect from extremes of climate Employer’s duty about facilities for dressing and undressing Employer’s duty to provide recreation materials and rest facilities Employer’s duty about unfitness for work and infectious disease Employer’s duty about presence of parent Employer’s duty to provide accommodation Employer’s duty to engage teacher Employer’s duty about ability to contact a parent Employer’s duty to safeguard children while they are at work OBLIGATIONS FOR PARENTS

Parents are also required to play their part. If you are a parent: You must be present if it is your baby that is employed. You must provide a Parent's Consent Form to your child's employer before employment can occur. You must inform your child's employer if their school hours change. You must

do this by filling out a new Parent's Consent Form and giving it to your child's employer within 14 days of the hours changing. Conclusion :

The laws framed in India for the child labour is not reaching to the children working in mass media as a child artist and their issues and problems of working remain unsaid and unframed in the society. As per the available literature and legal provisions it is observed that the child working in Entertainment

REFERENCES

1.

Official web site of International Labour Organization: http://www.ilo.org/legacy/english/regions/asro/newdelhi/ipec/responses/india/nati onal.htm

2. Official web site of National Commission for Protection of Child Rights:http://ncpcr.gov.in/index1.php?lang=1&level=0&linkid=28&lid=596 3 Hobbs, S Jim McKechnie, J & Lavalette, M. (1999) Child Labor: A world history companion ABC-CLIO publishers. 4 Srivastava, Alok (2011) Television shows – Child labour in a new form? http://www.cmsindia.org/mediacoverage/vidura_july.pdf 5. Thekaekara, M.M (1997) Child labour of a different kind...