Child Labour Prohibition & Regulation Act, 1986

The Child Labour Prohibition and Regulation Amendment Act, 2016, was enacted by the Government on January 1, 2016. The Amendment Act makes it illegal to hire minors under 14. The amendment further outlaws the employment of adolescents aged 14 to 18 in dangerous jobs and procedures while also regulating their working conditions in those cases where they are not prohibited. Employing kids or adolescents in defiance of the Act by an employer is now a cognisable offence under the amendment. Every organisation must follow this act to have smooth work. In case of any offence found against child labour, the management will take strict action against the organisation. 

Child and adolescent labour prohibition & regulation act 1986

The Act is concerned with the issue of child labour, which is a societal issue. This Act forbids the employment of children under the age of 14 in some occupations and governs the working conditions of minors in other occupations. The Act prevents children from working in 13 occupations and 51 procedures.

The amendment authorises the competent Government to confer such powers and impose such obligations on a District Magistrate as necessary to ensure efficient implementation of the Act’s provisions. Furthermore, the State Action Plan has been distributed to all States/UTs to ensure that the Act is implemented effectively.

What is the definition of child labour?

A child is defined as having not finished his 14th (fourteenth) year under the Child Labour Prohibition and Regulation Act, 1986. Part II of the legislation prevents children from working in any of the occupations mentioned in Part A of the Schedule, including domestic labour, dhabas (roadside food stalls), hotels, railway catering, construction work on or near railway tracks, plastics manufacturing, and automotive garages among others. 

Children are also not allowed to work in sites where specific procedures are carried out, such as beedi making, tanning, soap manufacturing, brick kilns, and roof tile units, as mentioned in Part B of the Schedule. The restrictions are not applicable to workshops where the occupier works with the assistance of his family or to schools recognised or assisted by the Government.

Key objective of Child Labour Prohibition and Regulation Act, 1986

The main goal of the Child Labour (Prohibition and Regulation) Act of 1986 is to address a social concern by prohibiting the employment of children under the age of 14 in certain occupations and regulating the working conditions of children in occupations such as (i) railway passenger, goods, or mail transport (ii) bidi making (iii) carpet weaving (iv) match, explosives, and fire manufacturing (v) soap manufacturing. 

The Government has also made it illegal for children to work in the following vocations or processes: (i) slaughterhouses/abattoirs (ii) hazardous procedures and risky operations, as described; (iii) printing, as defined; and (iv) cashew and cashew nut descaling and processing, as defined. In the electrical sector, 9v) soldering procedures are used. The Act prevents children from working in 13 occupations and 51 procedures. The Fundamental Rights in the Indian Constitution (the land law) in Article 24 under Right Against Exploitation also states the prohibition of child labour in industries.

Prohibitions in the Act

The Act prohibits the employment of children under the age of 14. It expressly forbids all children under 14 from working in specific dangerous jobs or operations. It forbids the employment of minors in 16 activities and 65 processes that are deemed detrimental to the child’s health and mind. The Act also governs industries in which children are permitted to work, and it imposes stiff consequences on employers that break the law, including monetary fines and prison sentences. The Act excludes family units and training centres from its coverage. A violation of the Act could result in a sentence of three months to one year in prison and a fine of Rs. 10,000 to Rs. 20,000.

Highlights of the 1986 Child Labor Prohibition and Regulation Act

The Child Labor Prohibition and Regulation Act, 1986, strives to eliminate all forms of child maltreatment in the workplace. It prohibits the employment of children under the age of 14 in any hazardous occupation. The Act makes it illegal to employ children in specific jobs and processes. According to the Act, in order to protect workers from dangerous working circumstances, no youngster shall be permitted to work between 7 p.m. and 8 a.m., nor shall they be pushed to work overtime. Furthermore, no youngster shall labour for more than 3 hours without a one-hour break.

Conclusion

The Act states that no youngster shall be authorised or obliged to work for more than 3 hours between 7 p.m. and 8 a.m. without a one-hour break. Any week, every youngster employed in an establishment is entitled to a one-day vacation. Whoever employs or permits a child to work in activities or procedures where children are not permitted to work is penalised by imprisonment for up to one year and a fine of not less than Rs. 10,000, or both. Other infractions carry a punishment of up to one month in prison, a fine of up to Rs. 10,000, or both.