Child Labour Prohibition

Child Labour Prohibition

What is Child Labour?

The government of India has notified the amendment in the Child Labour (Prohibition and Regulation) Central Rules after extensive consultation with the stakeholders. The Rules provide a broad and specific framework for the prevention, prohibition, rescue and rehabilitation of child and adolescent workers. It also clarifies issues related to helping in family and family enterprises and the definition of family with respect to child, specific provisions have been incorporated in rules. Further, it also provides for safeguards for artists who have been permitted to work under the Act, in terms of hours of work and working conditions. The rules provide for specific provisions incorporating duties and responsibilities of enforcement agencies in order to ensure effective implementation and compliance of the provisions of the Act..

Child Labour (Prohibition & Regulation) Amendment Act, 2016

The government has enacted the Child Labour (Prohibition & Regulation) Amendment Act, 2016 which came into force w.e.f. 1.9.2016. The Amendment Act completely prohibits the employment of children below 14 years. The amendment also prohibits the employment of adolescents in the age group of 14 to 18 years in hazardous occupations and processes and regulates their working conditions where they are not prohibited. The amendment also provides stricter punishment for employers for violation of the Act and making the offence of employing any child or adolescent in contravention of the Act by an employer cognizable.

Child Labour (Prohibition and Regulation) Act 1986

Article 24 of the Indian constitution clearly states that “No child below the age of fourteen years shall be employed to work in any factory or mine or employed in any hazardous employment.” The Child Labour (Prohibition and Regulation) Act of 1986 designates a child as a person who has not completed their 14th year of age. It aims to regulate the hours and the working conditions of child workers and to prohibit child workers from being employed in hazardous industries.

Legislative Provisions Prohibiting and Regulating Employment of Children

• As per the Child Labour (Prohibition & Regulation) Act, 1986 “child” means a person who has not completed his 14th year of age.
• The Act prohibits the employment of children in 13 occupations and 57 processes contained in Part A & B of the Schedule to the Act (Section 3).
• Under the Act, a Technical Advisory Committee is constituted to advise for inclusion of further occupations & processes in the Schedule.
• The Act regulates the condition of employments in all occupations and processes not prohibited under the Act (Part III).
• Any person who employs any child in contravention of the provisions of section 3 of the Act is liable for punishment with imprisonment for a term which shall not be less than three months but which may extend to one year or with fine which shall not be less than Rs 10,000 but which may extend to Rs 20,000 or both. ((Section 14).

The Central and State Governments enforce the provisions of the Act in their respective spheres.