The Child Labour (Prohibition and Regulation) Act, 1986

Introduction

Child labour remains a significant social issue that impacts millions of children globally, particularly in developing countries such as India. Despite advancements in technology and economic growth, child labour persists in various forms, depriving children of their childhood and fundamental rights. In recognition of this pressing issue, the Indian government enacted the Child Labour (Prohibition and Regulation) Act, 1986. This legislation aims to protect children from exploitation while ensuring their right to education and a healthy upbringing. This article provides a comprehensive overview of the Act, highlighting its key features, amendments, constitutional provisions related to child rights, and the current landscape of child labour in India.

Definition of Child

According to the Act, a “child” is defined as any person who has not completed their fourteenth year of age. This age threshold is crucial for delineating the segment of the population that the law is designed to protect against child labour, acknowledging their vulnerability and need for special safeguards.

Applicability

The Act extends to the whole of India, thereby ensuring uniform protection against child labour across all states and union territories. This broad applicability is essential for enforcing child rights consistently throughout the nation.

Objectives

The Act aims to achieve several critical objectives:

1. Prohibition of Child Labour: The primary goal is to eliminate child labour in specified hazardous occupations and processes, thereby ensuring that children are not exploited in environments that threaten their health and development.
2. Regulation of Working Conditions: For children permitted to work in non-hazardous environments, the Act regulates their working hours and conditions, thereby promoting their welfare and safeguarding their rights.

Prohibited Occupations and Processes

The Act explicitly lists 13 occupations and 51 processes where children are not allowed to work. The sectors deemed hazardous include:

Occupations:

• Domestic Work: Children working as domestic help are often vulnerable to exploitation and abuse.
• Dhabas and Hotels: Engaging children in these sectors exposes them to long hours and unhealthy environments.
• Construction Work: Involvement in hazardous construction activities can lead to serious injuries.
• Automotive Garages and Plastics Manufacturing: These sectors involve exposure to harmful chemicals and machinery.

Processes:

• Beedi Making: A hazardous process known for its adverse health effects.
• Tanning and Soap Manufacturing: Exposure to toxic materials in these processes poses severe health risks.
• Brick Kilns: Children working in these environments face long hours and exposure to dust and heat.

Detailed Prohibitions

The Act categorizes hazardous occupations into two parts:

Hazardous Occupations (Part A of the Schedule):

1. Transport Services: Employment of children in transporting passengers, goods, or mails by railways is prohibited.
2. Catering Services: Work involving moving vendors or employees at railway stations is banned.
3. Construction Work: Engagement in construction-related activities near railway tracks is not allowed.
4. Automobile Workshops: Employment in automobile repairs and maintenance is forbidden.
5. Foundries and Mines: Children are prohibited from working in foundries or mines, both underground and underwater.
6. Handling Explosives: Any work related to handling or manufacturing explosives, fireworks, or inflammable substances is explicitly prohibited.

Hazardous Processes (Part B of the Schedule):

The Act lists various hazardous processes, including:

• Beedi Making: Production of beedis (a type of Indian cigarette) is banned.
• Soap and Match Manufacturing: Employment in these industries is not allowed.
• Mica Cutting: Engaging in mica cutting and splitting is prohibited.
• Tanning: Employment in tanning industries, which expose workers to harmful chemicals, is banned.
• Cotton Ginning: Children are prohibited from working in cotton ginning and processing.

The Act emphasizes the importance of a safe working environment by prohibiting child labour in sectors involving toxic materials such as lead, mercury, and pesticides.

Working Conditions for Children

For children permitted to work in non-hazardous occupations, the Act imposes strict regulations to ensure their well-being:

1. Maximum Working Hours: Children cannot work for more than 3 consecutive hours without a break of at least 1 hour.
2. Night Work: Employment between 7 p.m. and 8 a.m. is strictly prohibited, safeguarding children from hazardous night-time work.
3. Weekly Holidays: Every employed child is entitled to a one-day break each week, promoting rest and recreation.

Enforcement and Penalties

The Act prescribes stringent penalties for violations to reinforce compliance. Employers who engage children in prohibited occupations may face:

• Imprisonment: Offenders can be sentenced to imprisonment for up to one year.
• Fines: Financial penalties range from ₹10,000 to ₹20,000 for violations.

In cases of repeated offences, penalties may escalate, underscoring the commitment to eradicating child labour.

Rehabilitation and Action Plans

The Act also places the onus on the government to create a rehabilitation fund for rescued children. This fund aims to support the education and welfare of children removed from child labour situations. Furthermore, states are mandated to prepare and implement a State Action Plan to ensure effective enforcement of the Act.

Amendments: The Child Labour (Prohibition and Regulation) Amendment Act, 2016

Significant amendments to the Act were made in 2016 to strengthen child protection:

1. Amendment of Act 11 of 1948: Updated provisions were introduced to enhance child protection mechanisms.
2. Amendment of Act 69 of 1951: Adjustments aligned the Act with contemporary international standards for children’s rights.
3. Amendment of Act 44 of 1958: The regulatory framework governing child employment was improved.
4. Amendment of Act 27 of 1961: Additional changes were made to further protect children’s rights in the workforce.

Child Labour During COVID-19

The COVID-19 pandemic exacerbated existing child labour issues. Many families faced severe economic hardships, resulting in an increased reliance on child labour for survival. In response, the government and various NGOs implemented emergency measures to protect children’s rights and provide support to vulnerable families.

Constitutional Provisions Related to Child Rights

The Indian Constitution enshrines several provisions that reinforce the rights of children and prohibit child labour:

• Article 24: Prohibition of Employment of Children: This article explicitly prohibits the employment of children below the age of 14 in hazardous industries.
• Article 39(e) and (f): Right to Protection from Exploitation and Right to Education: These articles mandate the State to protect children from exploitation and ensure their economic and educational interests are safeguarded.
• Article 45: Provision for Early Childhood Care and Education: The State is directed to provide for early childhood care and education for all children until they complete the age of six.
• Article 21: Right to Life and Personal Liberty: This article guarantees a dignified life, including freedom from child labour.
• Article 14: Right to Equality: Ensures equal treatment for all individuals, including children, thus protecting them from discrimination in any form.

Current Landscape of Child Labour in India

Despite a robust legal framework, child labour remains a pressing issue in India. Various socio-economic factors contribute to its persistence:

1. Poverty: Many families continue to rely on the income generated by their children, perpetuating the cycle of poverty and child labour.
2. Illiteracy: Limited access to education leads to a lack of awareness regarding child rights and the importance of education.
3. Cultural Norms: In some communities, child labour is accepted as a norm, making it challenging to shift mindsets.

Government Initiatives

The government has undertaken various initiatives to combat child labour, including:

• Educational Programs: Schemes like the Mid-Day Meal Scheme and Sarva Shiksha Abhiyan aim to promote school attendance and provide meals to encourage education.
• Awareness Campaigns: Initiatives raise awareness about the detrimental effects of child labour and the importance of education.
• Rescue Operations: Law enforcement agencies conduct raids to rescue child labourers from hazardous environments and initiate rehabilitation processes.
• Collaboration with NGOs: The government collaborates with NGOs to implement programs aimed at eradicating child labour and supporting rescued children.

Challenges in Implementation

Despite legislative measures and government initiatives, several challenges hinder the effective implementation of child labour laws:

1. Lack of Awareness: Many parents and children remain unaware of their rights and the provisions of the Child Labour Act.
2. Insufficient Enforcement: Limited resources for monitoring compliance with child labour laws impede enforcement efforts.
3. Corruption and Bribery: Instances of corruption may allow employers to evade legal consequences for employing child labour.
4. Cultural Acceptance: Traditional beliefs and practices in some communities perpetuate child labour, complicating efforts for reform.
5. Economic Factors: Families in poverty may prioritize immediate income over long-term education, leading to a continued reliance on child labour.

Case Laws

Significant judicial interventions have shaped the landscape of child labour law in India:

1. Court On Its Own Motion v. The State of Jharkhand (2016): Highlighted the need for proactive measures to combat child labour and established judicial oversight over child labour laws’ implementation.
2. Jayakumar Nat v. State of NCT of Delhi (2015): Addressed child labour in the context of the right to education, reinforcing the link between education and the prohibition of child labour.
3. Children’s Rights Commission v. State of Maharashtra (2014): Emphasized the need for strict enforcement of child labour laws and the rehabilitation of rescued children.

Conclusion

The Child Labour (Prohibition and Regulation) Act, 1986 serves as a cornerstone of India’s commitment to eradicating child labour and safeguarding children’s rights. While significant progress has been made, the persistent challenges of poverty, illiteracy, and cultural norms necessitate concerted efforts from all stakeholders, including the government, civil society, and the community. Strengthening awareness, enhancing enforcement mechanisms, and promoting education are crucial for creating a future where every child can enjoy their rights, free from the burden of labour. Only then can we hope to realize the vision of a society where children are nurtured, educated, and empowered to become productive members of their communities.

Also Read: 

Rights of undertrial prisoners in India
How To Send A Legal Notice In India