Child Labour (Prohibition and Regulation) Act,1986?
Child Labour Act,1986 enacted to ban the engagement of children in certain employments and to manage the conditions of the child in certain other employments.
What is the meaning of the Child?
As defined in Section 2(ii) of the Child Labour Act:
“Child” means an individual who has not completed his fourteenth year of age.
Important Facts About Child Labour (Prohibition and Regulation) Act,1986:
- The Child Labour (Prohibition and Regulation) Act,1986 adopted on 23rd December 1986.
- Evolution of Child Labour Act,1986:
- The first of the legislation adopted in England in 1802 in the form of “Health and Morals of Apprentices Act” which marked the begging of the factory legislation in the world.
- In India, the India Factories Act 1881 prohibited the employment of children.
- Prior to the enactment of the Child Labour Act, Labour Laws dealing exclusively with Child Labour are:
- Children (pledging of labour) Act, 1933.
- Employment of Children Act, 1938.
- Factors responsible for the enactment of the Child Labour Act:
- ILO Convention
- Provisions of Indian Constitution
- Resolution of Committees
- Commission and Conference adopted from time to time.
- Children (pledging of labour) Act, 1933
- Parent used to get the loans/advances from the employer against child labour for less than 15 years.
- Royal Commission on labour identified such ill practice and recommended the provisions of penalties for both parents as well as the employer.
- Employment of Children Act, 1938
- Child Labour (Prohibition and Regulation) Act,1986 replaced the Employment of Children Act, 1938.
- Child Labour Act,1986 came into existence where the serious childhood abuse was found in the establishment which was not covered in the Factories Act 1881.
- ILO Conventions: (India ratified this Convention on 13th June 2017)
- Minimum Age Convention 1973 (NO 138)
- The worst form of child labour convention 1999 (NO 182)
- Provisions of Indian Constitution:
- Article 24: Fundamental Right- Against the exploitation of children that no child less than 14 years employed in any factory
- Directive of the State Policy:
- Article 39 says: (Read it from Image)
- Article 45 says:
- Provision for free of charge and compulsory education for all the children the state shall effort to supply, within a period of 10 yrs from the commencement of our constitution, for free of charge and compulsory education for all children until they complete 14 years of age.
- National Policy for Children, 1974
- No child less than 14 years permitted to do dangerous/heavy work.
- Committee on child labour appointed by GOI submitted its report in 1979 recommended:
- Fixation of the minimum age to entry in any establishment.
- Strengthening of the enforcement machinery.
- Establishment of the child labour advisory board.
- Formulation of the effective educational policy by emphasis local craft requirement.
On the recommendation of Gurupadswami Committee: The central child labour advisory board (1981) came into existence and the labour minister as a chairman.
- Main Functions of the Board are:
- Review of the existing laws related to child labour
- To recommend legislative and welfare measures for working children
- To review the progress of welfare measures
- To suggest industries which would eliminate child labour.
- Part A of the scheduled of the act specifies the occupation in which employment of the children is less than 14 years of age is prohibited.
- Part B of the Scheduled of the Act specifies the process in the employment of the children less than 14 years of age is prohibited.
- Definition of Child [sec 2(ii)]:
- A person who has not completed his 14 years aged.
- Definition of Workshop [sec 2(x)]:
- Any premises including (precincts) wherein any industrial process is carried on but; don’t include any premises to which the provisions of factory Act 1948 concerning the ban of employment of young person apply.
The central government is empowered to add any occupation or process to the schedule. However; 3 months prior notice in the official gazette is necessary.
- Child Labour Technical Advisory Committee: (sec 5)
- It empowered by the central government
- It advises the central government to add occupation/processes to the schedule of this Act.
- Composition of Child Labour Technical Advisory Committee:
- Not more than 10 people appointed by the central government
- It is empowered to regulate to its own procedures
- The committee may constitute one or more sub-committee consideration of relevant matters.
- Persons other than members of the advisory committee may also be appointed in the sub-committee.
- Hours and Period of work: Child Labour Act,1986:
- Spread over the period: 6hrs/day
- Rest interval: 1 hrs
- Period of work before rest: 3 hrs
- A child not to work between 7 PM to 8 AM and to work overtime
- To work in any establishment on any day on which he has already been working in any establishment.
- Weekly Holiday:
- The holiday so specified should be altered more than once in a month.
The occupier of a new establishment in which the child is employed is required to send notice to the inspector within 30 days of commencement.
The provision relating to hours of work, the period of work, weekly holiday, a notice of inspector to any establishment do not apply in which the process is carried on by the occupier with the help of his family or the other establishment by or receiving assistance or recognition from the govt.
If there is a dispute of age between inspector or an occupier it must refer to medical authority for a decision.
- Health and Safety: Child Labour Act,1986
- The central and state government are empowered.
- Maintenance of registered: Particulars
- Name and DOB of every child
- Hours and Period of work including rest interval
- The nature of work
- Other particulars as prescribed under the rules.
- Display of Notice
- Railway Admin
- Port Authorities
- Occupier of other establishment is required to display in the local language or English containing the provisions of the Act.
The central and state government is empowered to appoint the inspector.
- Failure to give notice to the inspector or
- Failure to maintain a register or
- Failure to display a notice or
- Not complying with any of the provisions of the Act.
- Imprisonment: Up to 1 month
- Fine: Extent to 10,000 Rs
- Violation of the provisions relating to the prohibition of employment of children under:
- Factories Act, 1948
- Mines Act, 1952
- Merchant and Shipping Act, 1958
- Motor and Transport Worker Act, 1961
Is punishable in accordance with the provisions of the act.
Child labour (Prohibition and Regulation) Amendment 2016
- The act has completely sanctioned employment of children under the age of 14 from all occupations and enterprises, except in family businesses, granted that education does not hamper.
- Addition of a new category of persons(between 14-18 yrs of age) called “Adolescent”.
- Children’s between 14 to 18 yrs bars their employment in any hazardous occupations.
- Punishment: (If Employing children less than 14 years)
- Imprisonment: 6 months to 2 years
- Fine: 20,000 to 50,000
- Continuance to the offence then imprisonment 1 year to 3 years
- If the offender is a parent, for continuance offence fine of Rs 10,000/-
- The act has a provision for creating a rehabilitation fund for the rehabilitation of the children.
- The number of hazardous occupation has brought down from 83 to 3. (such as mining, explosive and hazardous process under factories act).
- The government can confer power on D.M to ensure that the provisions of the law are properly carried out and implemented.
- Child Labour Technical Advisory Committee replaced with the technical Advisory Committee.
- The government shall credit Rs 15,000 to the fund for each child/adolescent.
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