Children are one of the vulnerable groups in the society. Child labour is socio-economic phenomenon. This phenomenon is trapped in vicious circle by poverty, illiteracy, unemployment, demographic expansion, deep social prejudices and above all the government interest are commonly consider as the most prominent causative factors for large scale employment children.
As per the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, amended in 2016 (“CLPR Act”), a “Child” is defined as any person below the age of 14, and the CLPR Act prohibits employment of a Child in any employment including as a domestic help. It is a cognizable criminal offence to employ a Child for any work. Children between age of 14 and 18 are defined as “Adolescent” and the law allows Adolescent to be employed except in the listed hazardous occupation and processes which include mining, inflammable substance and explosives related work and any other hazardous process as per the Factories Act, 1948.
Indian constitution provides many provisions to the child, prohibited child labour and it also mention the rights of the child. They are,
The Article 15 : The state shall not discriminate against any citizen on grounds only of race, religion, caste, sex and place of birth.
Article 23: prohibition of employment children from factories
Article 39: certain principles of policy to be followed by state that are referring to the secure of children that the health and strength of workers, men and women and the tender age of age children are not abused and that citizens are not forced by economic necessity to enter evacuation and unsuited their age and strength.
Article 45: provision for early childhood care and education to the children below the age of six years.
Article 21-A: right education the state shall provide free and compulsory education to all children age of six to 14 year.
Article 24 of Indian Constitution says Prohibition of employment of children in factories, etc. which means child below the age fourteen years should not be employed in work in any factory or mine or engaged in any other hazardous employment.
Child Labour Technical Advisory Committee
The Central Government may, if it thinks it to be necessary can constitute an advisory committee i.e. the Child Labour Technical Advisory Committee by giving notification about it in the Official Gazette. It is the duty of the Committee to advise the Central Government if there’s a need to add occupations or processes to the Schedule. The Central Government appoints the members of the Committee but the Committee should not exceed more than 10 members. The Committee shall also consist of a Chairman. There isn’t any limitation on the number of meetings Committee shall have. The Committee shall meet whenever they feel necessary and the meetings shall be regulated according to the procedure which shall be decided by them.
The Committee may itself constitute one or more sub-committees if they feel a need to do so.
The Chairman and other members of the Committee are entitled to an allowance.
THE CHILD LABOUR (PROHIBITION AND REGULATION)AMENDMENT ACT, 2016
Objectives of the Act
Prohibit the engagement of children in all occupations and to prohibit the engagement of adolescents in hazardous occupations and processes and thematters connected therewith or incidental thereto
Under the Child Labour (Prohibition and Regulation) Amendment Act, 2016, children younger than 14 years can now work in family enterprises and farms after school hours and during holidays. Children working as artists in the audio-visual entertainment industry, including advertisement, films, television serials or any such other entertainment or sports activities, except the circus, have also been granted exemption, provided the work does not affect their school education.
Besides, the Act provides banning employment of children between 15-18 years in hazardous works, in sync with the Right to Children to Free and Compulsory Education Act 2009.
The Bill enhances the punishment for employing any child in an occupation. It also includes penalty for employing an adolescent in a hazardous occupation.
The penalty for employing a child was increased to imprisonment between 6 months and two years (from 3 months-one year) or a fine of Rs 20,000 to Rs 50,000 (from Rs 10,000-20,000) or both.
The penalty for employing an adolescent in hazardous occupation is imprisonment between 6 months and two years or a fine of Rs 20,000 to Rs 50,000 or both.
anyone repeats offences like employing child or employing adolescents in hazardous occupations mentions in this act under section 3A, they shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years.
[section 2] of The Child Labour (Prohibition & Regulation) Act, 1986 defines, ‘child’ means a person who has not completed his 14 years of age.
[section 2 (i)]
(i ) “adolescent” means a person who has completed his fourteenth year of age but has not completed his eighteenth year;
[section 3] No child shall be employed or permitted to work
in any occupation or process (The Child Labour (Prohibition and
Regulation) Amendment Bill, 2012 ) under this section, no child shall be employed are permitted to work in any establishment, occupation or process. Which means child should not be employed are permitted to work anywhere. but according to the [section 3 (2)] child is permitted to work at their own family business and audio & visual industry. provided that such work should not hamper or effect School education of a child.
[section 3 (2)]
According to the new amendment, child is allowed to work at certain places mentioned below.
(a) helps his family or family enterprise, which is other than any hazardous occupations or processes set forth in the Schedule, after his school hours or during vacations;
(b) works as an artist in an audio-visual entertainment industry, including advertisement, films, television serials or any such other entertainment or sports activities except the circus, subject to such conditions and safety measures, as may be prescribed: Provided that no such work under this clause shall effect the school education of the child.
Explanation.—
For the purposes of this section, the expression,
(a) ‘‘family’’ in relation to a child, means his mother, father, brother,sister and father’s sister and brother and mother’s sister and brother;
(b) ‘‘family enterprise’’ means any work, profession, manufacture or business which is performed by the members of the family with the engagement of other persons;
(c) ‘‘artist’’ means a child who performs or practices any work as a hobby or profession directly involving him as an actor, singer, sports person or in such other activity as may be prescribed relating to the entertainment or sports activities falling under clause (b) of sub-section
(2).section 3A] No adolescent shall be employed or permitted to work in any of the hazardous occupations or processes set forth in the Schedule:
THE SCHEDULE
(1) Mines.
(2) Inflammable substances or explosives.
(3) Hazardous process.
Explanation.—
For the purposes of this Schedule, “hazardous process” has the meaning assigned to it in clause (cb) of the Factories Act, 1948.’
(cb) “hazardous process” means any process or activity in relation to an industry specified in the First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, bye-products, wastes, or effluents thereof would-
(i) cause material impairment to the health of the persons engaged in or connected therewith, or
(ii) result in the pollution of the general environment:
[section 7] Hours and period of work (adolescent only)
(1) No adolescent shall be required or permitted to work in any establishment in excess of such number of hours, as may be prescribed for such establishment or class of establishments.
(2) The period of work on each day shall be so fixed that no period shall exceed three hours and that no adolescent shall work for more than three hours before he has had an interval for rest for at least one hour.
(3) The period of work of a adolescent shall be so arranged that inclusive of his interval for rest, under sub-section (2), it shall not be spread over more than six hours, including the time spent in waiting for work on any day.
(4) No adolescent shall be permitted or required to work between 7 p.m. and 8 a.m.
(5) No adolescent shall be required or permitted to work overtime.
(6) No adolescent shall be required or permitted to work in, any establishment on any day on which he has already been working in another establishment.
[section 8] Weekly holidays (adolescent only)
Every adolescent employed in establishment should be allowed to have a holiday for a whole day once in a week.
[section 9] Notice to Inspector
Every employer who employed adolescent at his establishment should intimate to the inspector appointed by the government within 30 days from date of employment of child.
[Section 10]. DISPUTES AS TO AGE. (adolescent) –
If any question arises between an Inspector and an occupier as to the age of any adolescent who is employed or is permitted to work by him in an establishment, the question shall, in the absence of a certificate as to the age of such child granted by the prescribed medical authority, be referred by the Inspector for decision to the prescribed medical authority.
[section 11] Maintenance of register any establishment where adolescent is employed or permitted to work, a register should be maintained by the owner of establishment and should be made available all the times during working hours for inspection by Inspector appointed by the government for this purpose. The register should contain following details
- Name of the child
- date of birth of the child
- number of working hours and internal for rest to child
- nature of work dealing child
- any other particulars
- Section 13 ] Healthy and Safety (adolescent )
Appropriate government is having power make rules on the following matters for the health and safety of the children employed or permitted to work in any establishment or class of establishments.
(a) cleanliness in the place of work and its freedom from nuisance;
(b) disposal of wastes and effluents;
(c) ventilation and temperature;
(d) dust and fume;
(e) artificial humidification;
(f) lighting;
- (g) drinking water;
(h) latrine and urinals;
(i) spittoons;
(j) fencing of machinery;
(k) work at or near machinery in motion;
(l) employment of children on dangerous machines;
(m) instructions, training and supervision in relation to employment of children on dangerous machines;
(n) device for cutting off power;
(o) self-acting machines;
(p) easing of new machinery;
(q) floor, stairs and means of access;
(r) pits, sumps, openings in floors, etc.;
(s) excessive weights;
(t) protection of eyes;
(u) explosive or inflammable dust, gas, etc.;
(v) precautions in case of fire;
maintenance of buildings; and
(x) safety of buildings and machinery
Constitution of Child and Adolescent Labour Rehabilitation Fund
Section 14B. (1) The appropriate Government shall constitute a Fund in every district or for two or more districts to be called the Child and Adolescent Labour
Rehabilitation Fund to which the amount of the fine realized from the employer of the child and adolescent, within the jurisdiction of such district or districts, shall be credited.
(2) The appropriate Government shall credit an amount of Rs. 15000/- to the Fund for each child or adolescent for whom the fine amount has been credited under sub-section
(1).
(3) The amount credited to the Fund under sub-sections (1) and (2) shall be deposited in such banks or invested in such manner, as the appropriate Government may decide.
(4) The amount deposited or invested, as the case may be under sub-section (3), and the interest accrued on it, shall be paid to the child or adolescent in whose favour such amount is credited, in such manner as may be prescribed.
Explanation:—
For the purposes of appropriate Government, the Central Government shall include the Administrator or the Lieutenant Governor of a Union territory under article 239A of the Constitution.
Rehabilitation of child or adolescent
14C. The child or adolescent, who is employed in contravention of the provisions of this Act and rescued, shall be rehabilitated in accordance with the laws for the time being in force.
Fails to pay
Section 14D (2) If the accused fails to pay such amount for composition of the offence, then, the proceedings shall be continued against such person in accordance with the provisions of this Act.
Inspite of all the measures taken by the government, child labour still prevails in the society. Let us hope for a better future where child labour will be eradicated completely.
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