Global Journal of Human Social Science, H: Interdisciplinary, Volume 22 Issue 7

Brands like H&M and Zara outsource their production facilities to various South-Asian countries. The nature of the textile sector is such that it is a multi- faceted process. From harvesting cotton to spinning mills to the cut-make-trim stage followed by accessorizing, dying, packaging and delivered for supply across the world, the large amount of processes require different facilities and organizations involved. 20 These companies hence engage in various levels of sub-contracting to get the job done. There have been recent news reports about both of these brands hiring the most amount of child labou r 21 and having poor labour conditions in their factories . 22 The brands however, either deny the existence of child labour 23 in their factories or attempt to justify it by not being accountable for the sub- contractors. This denial of accountability due to the remoteness of the contact between the brand and the lowermost stage of the production process is a large part of the problem. Lotte Schuurman at the Fair Wear Foundation states “ Brands can start off by creating a supply register. Fashion brands normally have 200 or more suppliers. You should start by knowing who your manufacturers are and visiting them . ” 24 Schhurman believes that brand representatives must be accountable for the factories that are being sub-contracted. This is in consonance with the Contract Labour (Regulation And Abolition) Act, 1970 where the principal employer is responsible for wages of the labour employed by a sub-contractor. VII. A nalysis It is evident that child labour is the result of the vicious cycle of poverty where kids are seen as financial assets by their parents. While, abolishing poverty itself is an utopian goal, other mechanisms can be used to hold members of the community accountable for exploitation of such children. The implementation of the Right to Education Act and the Mid-Day Meal system may be argued by some to be a major step in the regulation of child labour. However, the manner of execution of these schemes is highly debated and can arguably be said to not have a large impact. 20 http://globalmarch.org/wp-content/uploads/2017/09/Brief-Guide-Gar mentManufacturingChildLabour-in-GarmentSector-in-India.pdf Last accessed on 10 th September, 2022. 21 http://www.facing-finance.org/en/database/cases/violation-of-labour -rights-by-hm-in-uzbekistan-bangladesh-and-cambodia/ Last accessed on 28 th August, 2022. 22 https://www.independent.co.uk/life-style/fashion/zara-labourers-plea -for-help-fast-fashion-business-model-h-m-primark-a8040601.html Last accessed on 28 th August, 2022. 23 http://humanrightsinbusiness.eu/portfolio/a-piece-of-work-hms-take- o n-child-labour-in-myanmar/ Last accessed on 28 th August, 2022. 24 Supra Note 1. In light of the most obvious mechanism to curb child labour failing, other regulatory mechanisms have to be analysed to protect children who are subject to such exploitation. The first of these is a more sophisticated regulatory mechanism which ensures that children are adequately represented against their employers. This system needs to be designed in a way where it does not deal with absolutes and extremities to avoid skirting of the regulation. Rather a balance mechanism where regulatory officers can balance the rights of the children while not imposing extraneous obligations on the employer, though not ideal, may be a practical solution. The application of the Contract Labour Act must be extended in such a manner that even multi-national companies can be held accountable for illegal acts done within India. This will include the hiring of child labour and maintain poor work conditions by the sub- contractors within India. Such a model has large support and may work well since MNCs do have the funds to ensure accountability to the lower-most tier . 25 The other mechanism is a method that may find even more credibility in India. India already has mechanisms of holding corporations to ethics. With the advent of the concept of Corporate Social Responsibility (“CSR”) to ensure that corporations do well for the citizens, an extension of the same could be to hold them accountable for their actions as well. Most corporations use CSR to just advertise themselves across the board as an ethical brand, and hence a better accountability model needs to be suggested. Corporations try to offset their carbon footprint by outsourcing their carbon emission productions to nations where labour is cheaper. Similarly, corporations try and claim that their products are more eco-friendly than they actually might be by smarter branding. For example, often companies would use tags produced out of recycled plastic, and use that to advertise their sustainability without alluding to the child labour aspects of production. Hence, stricter accountability needs to be enforced for corporations attempting to claim benefits for possible ethical choices. The author also personally advocates for consumers being more aware of their fashion choices. The author has recused himself from shopping at any brand that purports child labour. Limiting fast fashion choices by simply just thrifting or using outfits for longer will go a long way in this ever-growing market where the supply keeps trying to match an unnatural demand. 25 Graafland, J. J., Sourcing ethics in the textile sector: the case of C&A. Business Ethics: A European Review, 11, (2002). Volume XXII Issue VII Version I 16 ( ) Global Journal of Human Social Science - Year 2022 © 2022 Global Journals H Child Labour in the Fast Fashion Industry, with a Focus on India