CHILD LABOR PERSISTS IN SOME PARTS OF FORMAL FIREWORKS

UNCLAS SECTION 01 OF 02 CHENNAI 000248

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: PGOV PHUM SOCI ECON ELAB IN
SUBJECT: CHILD LABOR PERSISTS IN SOME PARTS OF FORMAL FIREWORKS
INDUSTRY


1. (SBU) Summary: Three children died in an explosion at a
licensed fireworks factory near Madurai in southern Tamil Nadu. The
factory was in violation of a number of regulations at the time of
the accident, including India's prohibition against employing
children in the manufacture of explosives. The factory owner has
been arrested and his license to produce fireworks suspended, but
local observers expect that the politically influential owner will
ultimately get off easy. The incident shows that child labor still
exists in at least some parts of the formal sector of the fireworks
industry in Tamil Nadu. End summary.

Children die in explosion at fireworks factory
--------------


2. (U) Nineteen people, including three children, died in an
explosion at the V.B.M. fireworks factory near Madurai, in southern
Tamil Nadu on July 7. The children who died ranged from 14 to 16
years old. As many as 21 others, including several children,
suffered injuries in the accident. The mishap took place at a
fireworks manufacturing facility in Vadakampatti, located
approximately 25 miles from Madurai. Two more accidents at
fireworks factories in the same region (on July 20 and 28) killed a
total of 13 people, but there were no children among the fatalities.



3. (SBU) V.B.M. Fireworks has been in operation since first
receiving a license in 1963. The facility was in violation of
numerous regulations when the accident occurred, including exceeding
permitted work hours, failing to maintain proper records, and
lacking proper fire exits. V.B.M. also violated Indian law by
employing children between 14 and 16 years of age. Although V.B.M.
did not violate India's child labor law, which bars children under
14 years of age from working in hazardous industries (including
fireworks manufacture),the company did run afoul of the Explosives
Act's prohibition against children between 14 and 18 working in
fireworks manufacture. The company had employed children between
the ages of 14 and 16. A local journalist alleged that V.B.M. was
able to continue operations by "greasing the palms of government
officials." A member of the Campaign Against Child Labor (CACL)
also contended that the owner bribed local officials by giving them
free fireworks. He told post that he believed that between 30 and
40 children worked at the factory, earning about one dollar a day
for working four hours a day after school.

Owner arrested, likely to get off easy
--------------


4. (SBU) The Superintendent of Police for Madurai district
confirmed many of the code violations at the factory. The factory's
owner was arrested and V.B.M.'s license suspended. The owner has
been charged with a variety of offenses under the Indian Penal Code
including sections 304A (death by negligence); 286 (negligent
conduct with respect to explosive substance); 337 (causing hurt by
act endangering life or personal safety of others); and 338 (causing
grievous hurt by act endangering life or personal safety of others),
as well as offenses under the Indian Explosives Act. The CACL
representative noted that charges did not include the factory's
violation of the Explosives Act's bar against child labor, and
speculated that the owner would soon be released because of his
powerful connections in the local government.

USG project sought to stop child labor in fireworks industry
--------------


5. (U) India's fireworks industry has a long history of employing
children. Ninety percent of the country's fireworks are produced in
and the around the city of Sivakasi in Virudunagar district, which
adjoins Madurai district (where the V.B.M. facility is located). In
light of the industry's child labor problem, the joint U.S.-India
INDUS Child Labor project targeted some areas of Virudunagar
district, which also has a large matchstick industry. The INDUS
project, which ended on March 31, 2009, exceeded its initial target
of removing 4,000 children from the Virudunagar fireworks and
matches industries, ultimately removing from employment more than
5,000 children according to preliminary reporting (the final project
document has not been completed).


6. (SBU) The CACL representative estimated that ten percent of the
Sivakasi's fireworks and matches workforce is composed of children.
He said that children work after school and during holidays.
Fireworks manufacturers, he said, usually use children to package
finished fireworks but they also sometimes have the children fill
the fireworks casings with explosives.


7. (SBU) Comment: The fireworks industry defends itself by
claiming that only unlicensed, informal fireworks producers violate
the prohibition against child labor in fireworks production. But
the tragic death of three children in the explosion at V.B.M.

CHENNAI 00000248 002 OF 002


Fireworks -- which was properly licensed -- demonstrates the
existence of child labor in at least some fireworks manufacturers in
the formal sector. As is sadly true for other social ills
confronting India, poverty, corruption, and weak law enforcement
continue to remain obstacles to eliminating the problem of child
labor. End comment.

SIMKIN