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The Child and Adolescent Labour (Prohibition & Regulation) Act, 1986 (Download Notes)
October 22, 2024
Overview: The Child and Adolescent Labour (Prohibition & Regulation) Act, 1986 is an important piece of legislation in India that directly addresses the issue of child exploitation through labour.
Understanding this Act is crucial for law students and those preparing for exams such as the All India Bar Examination (AIBE) due to its fundamental role in safeguarding children's rights, promoting social justice, and ensuring ethical labour practices.
In this Blog, we will cover:
- Details about The Child and Adolescent Labour (Prohibition & Regulation) Act, 1986
- Child Labour (Prohibition and Regulation) Amendment Act, 2016
- Important Definitions of The Child and Adolescent Labour (Prohibition & Regulation) Act, 1986
- International Laws on Child Labour
The Child and Adolescent Labour (Prohibition & Regulation) Act, 1986
What is Child Labour?
Child labour refers to the practice where children are forced or compelled to engage in economically beneficial activities, either part-time or full-time. This deprives children of essential childhood experiences such as education, play, and healthy development. They are often exposed to harsh conditions that can lead to both physical and mental trauma, leaving lasting scars.
The primary causes of child labour include poverty, lack of access to education, and the growth of informal, unregulated sectors of the economy.
Children trapped in child labour are denied a nurturing environment crucial for their growth. Apart from missing out on education, they often face abuse and exploitation, preventing them from developing into healthy, happy adults.
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Child Labour in India
Child labour poses a significant threat to the mental and physical development of children, depriving them of the most critical stage of life—childhood. In India, the Child Labour (Prohibition and Regulation) Act, 1986 strictly prohibits the employment of children under 14 in hazardous occupations. The Act also provides a comprehensive list of occupations deemed dangerous for children, ensuring their protection from exploitation.
Child Labour (Prohibition and Regulation) Act, 1986
The Child Labour (Prohibition and Regulation) Act of 1986 defines a child as any person below the age of 14 years. The Act's primary objectives are to regulate the working hours and conditions of child labourers and to prohibit the employment of children in hazardous industries completely.
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Child Labour (Prohibition and Regulation) Amendment Act, 2016
The 2016 Amendment to the Act strengthened its provisions: "An Act to prohibit the engagement of children in all occupations and to prohibit the engagement of adolescents in hazardous occupations and processes, and matters connected in addition to that."
Key highlights of this amendment include:
- Stricter penalties for employers who violate the Act make such violations a cognizable offence.
- Employing adolescents (aged 14-18) in any hazardous occupations or processes is prohibited.
- Empowering the government to prohibit adolescent employment in unsafe working conditions.
Child Labour (Prohibition and Regulation) Amendment Rules, 2017
In 2017, further amendments were made to enhance the Act, following extensive stakeholder consultations. These new Rules introduced the following provisions:
- A comprehensive framework for preventing child labour, ensuring prohibition, rescue, and rehabilitation for both children and adolescents.
- Clarifications regarding child participation in family enterprises.
- Safeguards for child artists and creative workers, focusing on working hours and conditions.
- Clearly defined roles and responsibilities for law enforcement agencies to ensure effective implementation and compliance with the Act.
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Definition of Child Labour (I.L.O.):
- Child labour refers to work that deprives children of their childhood, potential, and dignity and negatively impacts their physical and mental development. It includes work that:
- Puts children in dangerous or harmful situations.
- Interfering with their education causes them to leave school prematurely or to balance schooling with heavy work.
Definitions in the Act:
- A child is someone who has not completed 14 years of age.
- An adolescent is defined as a person who is between 14 and 18 years of age.
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Prohibition of Child Labour (Section 3):
- Children below 14 years are prohibited from working in any occupation or process.
- Exceptions:
- A child may assist their family in non-hazardous work outside of school hours or during vacations.
- Children may work as artists in the entertainment industry, subject to conditions that ensure their safety and do not impact their education.
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Prohibition of Adolescents in Hazardous Work (Section 3A):
- As listed in the Schedule, adolescents are prohibited from working in hazardous occupations or processes.
- The Central Government may specify non-hazardous work that adolescents may engage in.
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Work Conditions for Adolescents:
- Adolescents are not allowed to work between 7 PM and 8 AM.
- They cannot work more than 6 hours daily, including a break after 3 hours.
- No overtime is permitted, and adolescents must have one whole day off per week.
- Adolescents cannot work in multiple establishments on the same day.
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Punishments for Violations:
- Section 14(1): Violating the provisions by employing children in any occupation or process can result in imprisonment (6 months to 2 years) or fines (₹20,000 to ₹50,000), or both.
- Section 14(1A): Employing adolescents in hazardous occupations can lead to similar penalties.
- Repeated offences can lead to more severe punishments, including imprisonment for up to 3 years.
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Notice Requirements:
- Employers and authorities, such as railway stations and port authorities, must display notices prohibiting the employment of children under 14 and adolescents in hazardous occupations.
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Age Verification:
- In the absence of a birth certificate, a certified medical officer can verify a child's or adolescent's age through a medical examination (ossification test).
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Child and Adolescent Labour Rehabilitation Fund:
- A fund is established to rehabilitate rescued children and adolescents, financed by fines levied on employers. The government deposits ₹15,000 per rescued child or adolescent into their account, which they can access upon turning 18.
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Role of Labour Officers:
- Labour inspectors are responsible for ensuring compliance with the Act. They monitor workplaces, inspect records, and oversee the use of the Rehabilitation Fund for rescued children and adolescents.
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Role of District Magistrates:
- The District Magistrate enforces the provisions of the Act. Employers must notify inspectors about adolescents employed in non-hazardous work in their establishments.
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Employer Responsibilities:
- Employers must notify the inspector about any adolescent workers within 30 days of employment and maintain a register of such workers. This register must include details like the name, date of birth, working hours, and nature of work.
- A visible notice listing holidays for adolescent workers must be displayed at the workplace.
Complaints:
- Complaints can be made to:
- The local police station’s Juvenile Police Unit.
- Child welfare organizations (governmental or non-governmental).
- A metropolitan magistrate or magistrate of the first class.
Supreme Court Guidelines:
- In M.C. Mehta v. State of Tamil Nadu, the Supreme Court issued guidelines for the rescue and rehabilitation of child labourers, including providing education, financial assistance to their families, and employment for an adult family member.
- In Bachpan Bachao Andolan v. Union of India, the court banned the employment of children under 14 in circuses and restricted the performance times for minors working in circuses.
| S.No | Before the Amendment | After the Amendment | Impact |
|---|---|---|---|
| 1 | Children under 14 could work in various occupations except for 18 occupations and 65 processes. | Complete prohibition of employment of children under 14 years of age. | Ensures all children under 14 years are enrolled in school as per the Right to Education Act. |
| 2 | There is no protection for children working after school hours under 14. | Children can work only after school hours or during vacations in non-hazardous occupations. | Allows children to learn traditional skills and build life values such as discipline, decision-making, and responsibility. |
| 3 | Children under 14 could work in family businesses, hazardous or non-hazardous. | Children under 14 can work in family businesses only if the occupation is non-hazardous. | Protects children's health and ensures well-being by restricting work to safe environments. |
| 4 | Children could work in family businesses not owned by their families, regardless of hazards. | Children can work in non-hazardous family businesses, even if not owned by their families. | Allows children to learn traditional skills in safe environments. |
| 5 | There are no restrictions on employment for children over 14 years of age. | Adolescents (14-18 years) cannot work in hazardous occupations. | Provides health protection to adolescents. |
| 6 | There are no regulations on working hours and conditions for adolescents. | Adolescents working in non-hazardous occupations now have regulated working conditions. | Prevents exploitation of adolescents in non-hazardous jobs. |
| 7 | Prohibited occupations for children were limited to 18 occupations and 65 processes. | Complete ban on employment for children in all occupations. | Expand protection by removing restrictions on specific occupations and ensuring a complete ban on child labour. |
| 8 | No schedule for hazardous occupations for adolescents. | A schedule of hazardous occupations and processes has been provided where adolescents cannot work. | Enhances health protection for adolescents. |
| 9 | No positive list of occupations where adolescents can work. | The government can provide a positive list of non-hazardous occupations where adolescents can work and children can assist. | Provides flexibility for the government to allow safe employment opportunities for adolescents. |
| 10 | Violation of child labour laws was a non-cognizable offence. | Violation of child labour laws is now a cognizable offence. | Action on violations can be taken without requiring approval from the District Magistrate, improving enforcement. |
| 11 | No specific officer is responsible for enforcing the Act. | The District Magistrate or a subordinate officer is responsible for enforcement with designated powers. | Improves accountability and ensures better enforcement of the Act. |
| 12 | There is no provision for a rehabilitation fund for rescued children. | With government contributions, the statutory provision for a Child and Adolescent Labour Rehabilitation Fund. | Ensures rescued children’s education and welfare by securing their future through a rehabilitation fund. |
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Definition of Child Labour
Child labour encompasses the following practices:
- All forms of slavery or similar practices, such as the sale or trafficking of children, debt bondage, and forced or compulsory labour.
- The forced recruitment of children for use in armed conflicts.
- The use of children for prostitution, the production of pornography, or pornographic performances.
- The involvement of children in illicit activities, including the production and trafficking of drugs.
- Any work that is, by its nature or the circumstances in which it is performed, likely to harm the health, safety, or morals of children.
What Does Not Constitute Child Labour?
Not all work done by children is classified as child labour. Work that does not harm children’s health or personal development or interfere with their education can be beneficial. Examples include:
- Assisting parents around the home.
- Helping in a family business.
- Earning pocket money outside of school hours or during vacations.
These activities are seen as positive for the child’s development, as they can teach responsibility and life skills.
International Laws on Child Labour
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UN Convention on the Rights of the Child (1989):
- This convention asserts that children are individuals with their rights, not just subjects under parental authority. Childhood, which lasts until age 18, is a particular time for children to grow, learn, and flourish with dignity.
- It is the most widely ratified human rights treaty and has transformed the lives of children worldwide.
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ILO Conventions:
- Convention 138 (1973): Sets the minimum age for admission to employment.
- Convention 182 (1999): Focuses on the worst forms of child labour, including slavery, trafficking, and hazardous work.
UNICEF's Work Against Child Labour in India
UNICEF has long been fighting child labour in India, focusing on children involved in specific sectors such as:
- Cotton production in Gujarat, Rajasthan, Maharashtra, Tamil Nadu, Karnataka, and Andhra Pradesh.
- Metalwork and carpet production in Uttar Pradesh.
- Tea gardens in Assam.
These programs have reached tens of thousands of children and their families, especially in areas where child labour is prevalent, working to reduce child labour and improve children’s lives.
Conclusion:
Various laws have restricted the employment of children between the ages of 14 and 15 in certain prohibited occupations. However, no straightforward procedure exists in any legislation to determine which specific occupations, employments, or processes should be banned for children.
Additionally, there is no legal framework to regulate the working conditions of children in sectors where their employment is not explicitly prohibited, leaving them vulnerable to exploitation. To address these gaps, a comprehensive law on the matter was decided to be introduced in Parliament. Thus, the Child Labour (Prohibition and Regulation) Bill was introduced in Parliament to fulfil this objective.
The Child and Adolescent Labour (Prohibition & Regulation) Act, 1986, is not just a labour law—it is a comprehensive legal framework aimed at protecting children's rights and promoting their education and well-being.
Given its relevance to constitutional law, labour law, human rights, and administrative law, it is crucial for law students to master this Act.
Whether preparing for exams like the AIBE or pursuing a career in litigation, public interest law, or policy advocacy, the Act provides a valuable foundation for understanding and addressing one of the most pressing social issues in India.