PRIMARY EDUCATION FOR MIGRANT TRIBAL CHILD LABOUR AT BRICK KILNS

Landless tribal labourers come to a point of starvation during the lean agricultural months between November and March. Those from the interior blocks of Thane district migrate to areas closer to Mumbai in search of work. Apart from construction sites and salt pans, one of the major sources of employment for them are the innumerable brick kiln sites that come up in areas that include Vasai, Bhiwandi, Palghar, Kalyan, Ulhasnagar and Thane.

Because the entire family migrates to work on the kilns, child labour is rampant in this industry. Although the work is similar to that in the construction industry, child labour on brick kilns does not fall under the category of hazardous industries according to the Child Labour (Prevention and Regulation) Act, 1986.

In 1995 Vidhayak Sansad and Shramajeevi Sanghatana decided to address the issue of child labour on brick kilns. After a discussion with the Labour Secretary it was decided that Vidhayak Sansad should build a model for primary education of migrant child labourers with the active support of the government. Vidhayak Sansad started five schools for five hundred students in the 1995-96 school session. These schools were called “Bhonga Shalas” because they were held in the same kind of temporary structures (called ‘bhonga’) that the brick workers live in. Since then the number of students has steadily grown. For the 1998-99 session there were 2,500 students in 31 schools. The curriculum followed is the regular syllabus of the government schools. At the end of the session Vidhayak Sansad invites the District Education Department to conduct the examinations and provide the certificates to the children. The certificate from the government ensures that the child will be able to continue studies in the home village. Activists from Vidhayak Sansad and Shramejeevi Sanghatana ensure that the children are enrolled in the proper class once they return home.

The response of the government to the Bhonga Shala Project was extremely erratic. In the first year not a single district officer visited the school in spite of repeated invitations. The district education department was not ready to conduct the examinations of the children. On 8th March, 1996 on the occasion of International Women’s Day, Shramajeevi Sanghatana organized a rally at the office of the District Collector who is also the Chairperson, District Child Labour Rehabilitation Committee. As a result of the protest the District Education Department conducted the examinations. Also, the District Child Labour Rehabilitation Project Society under the chairmanship of the Additional Collector, Tribal Development Department, was revived in Thane. Mr. Vivek Pandit was appointed by the government as a representative of the voluntary sector on this Committee.

CAMPAIGN FOR RIGHT TO PRIMARY EDUCATION
In 1997 the government did not respond to the Sanghatna's request to help procure a temporary place for the school in one particular village. When the administration did not support the organization, Vidhayak Sansad protested by holding classes for one day on the verandah of the office of the District Collector.

While running the Bhonga Shala Project, Vidhayak Sansad has to face many difficulties including opposition from the brick kiln owners and other vested interests. There have been cases of assaults on the teachers and activists and police complaints have been registered.

AUDIO-VISUAL PETITION BEFORE NATIONAL HUMAN RIGHTS COMMISSION
As in the case of bonded labourers, the government of Maharashtra denied that there were child labourers employed on the brick kilns. The District Collector went into hair-splitting definitions and went on record saying, “These are working children but they are not child labourers.” Mr. Vivek Pandit, as the Managing Trustee of Vidhayak Sansad video-recorded the work done by the children and sent the tape as an audio-visual petition to the National Human Rights Commission.

Presently, a Bill has been introduced in the Parliament to amend the Child Labour (Prevention and Regulation) Act, which seeks ban the employment of child labour on brick kilns, and to include the brick kiln industry in the schedule of hazardous industries.

CAMPAIGN FOR PRIMARY EDUCATION FOR VULNERABLE CHILDREN IN MAHARASHTRA
In the last two years Vidhayak Sansad and Shramajeevi Sanghatana have started a comprehensive campaign for the primary education of the 2.4 million out-of-school children between the ages of 5-14 in Maharashtra. The campaign is based on a U.N Charter of Child Rights to which India is a signatory, Constitutional provisions, and Supreme Court judgments that have upheld the right to primary education as a Fundamental Right.

On 23rd March 1998, while the Budget session of the state was on in Mumbai, Shramajeevi Sanghatana organized a protest against a government statement that it has no money for the education of child labourers, migrant children, street children, and other such vulnerable section of youth. Children and their parents attended this rally in Mumbai. Activists of the Sanghatana collected donations from the children, parents, and public as part of the protest and announced that this would be contributed to the Chief Minister’s Fund as a contribution for the education of children. In the discussion that followed with the Chief Minister agreed to set up a state task force to study the situation of vulnerable children and recommend allocations in the state budget.

SATYAGRAHA FOR RIGHT TO PRIMARY EDUCATION
Seven months later, in November 1998, the task force had still not been formed. On 13th November, a day before the National Children’s Day, nearly 600 activists led by Vivek and Vidyullata Pandit performed Satyagraha before the office of the District Collector, Thane. The police arrested them and there was a great deal of press coverage. The government formed the state task force under the chairpersonship of the Education Minister and Mr. Vivek Pandit was appointed as a member on it. The Report of the task force is yet to be tabled.

The task force formulated a scheme in which NGOs had an important role. Even after the preparation of scheme Govt. did not act immediately. It required one more collective action for actual launch of scheme. V. S continuously advocated with the state govt. and at last Mahatma Phule Education Guarantee Scheme was launched in 2001. It was for education of deprived children and children of migrant labourers. And bhongaschool was accepted as a model for education of children of seasonally migrant labourers by the state and central govt. It was appreciated by National Child Labor Project and Sarav Shikha Abhiyan. Since then children in Maharashtra have been benefited in Maharshtra.

John Burhens
President
Unitarian Universalist Association, Boston, USA.