The Child and Adolescent Labour (Prohibition and Regulation) Act 1986 | Labour and Industrial Law - CLAT PG PDF Download

Introduction

According to Kofi A Annan, the assessment of a society's development and future is not determined by advanced technology or supercomputers, but by how it treats its children. Childhood rights are a fundamental entitlement, as children make up nearly one-third of the global population. They are not only the citizens of tomorrow but also the present. 

Just like a tender plant needs proper nourishment to grow into a strong tree, social justice must begin with children. Unfortunately, millions of children are forced into labor due to various reasons such as child abuse, deprivation, and exploitation. The continuation of child labor poses a significant challenge to society, as a large portion of these children are deprived of their basic rights.

Reasons for Child Labour

• Poverty and Unemployment: Poor families often rely on child labor to meet basic needs.
• Lack of Access to Education: Limited access to free and compulsory education contributes to child labor.
• Inadequate Laws and Enforcement: Weak laws and enforcement against child labor allow it to persist.
• Social and Economic Backwardness: Communities with low socio-economic status often have higher rates of child labor.
• Disease or Disability: Health issues can push families into reliance on child labor.
• Cheap Labor Appeal: Employers may prefer hiring children due to lower wages.
• Family Tradition: In some families, child labor is a long-standing practice.

Global Initiatives to Eliminate Child Labour

• Adoption of Declaration: In 1959, the United Nations General Assembly adopted the Declaration of the Rights of the Child, marking the first major international consensus on children's rights.
• Preamble Highlights: The Preamble emphasizes children's need for special care and protection, including legal protection before and after birth.
• Key Rights: The Declaration outlines essential rights for children, including equality, special protection for development, name and nationality, adequate nutrition, housing, medical services, education, understanding and love, recreational activities, relief in emergencies, protection against neglect and exploitation, and upbringing in a spirit of understanding and friendship.

International Convention on the Rights of the Child, 1989

• Introduction: In 1989, the United Nations adopted the Convention on the Rights of the Child, a legally binding international instrument that encompasses the full range of human rights for children.
• Definition of a Child: The Convention defines a child as every human being below the age of 18 years.
• Basic Rights: Children have the right to life, a name, nationality, and, as far as possible, the right to know and be cared for by their parents.
• Rights to Freedom and Development: Children have rights to freedom of expression, thought, conscience, religion, association, peaceful assembly, education, rest, leisure, social security, health, and an adequate standard of living for their development.
• Protection from Separation: Children shall not be separated from their parents against their will.
• Protection from Exploitation: Children shall be protected from economic exploitation, hazardous work, drug use and trafficking, sexual exploitation and abuse, and all forms of exploitation harmful to their welfare.
• Rights of Minority or Indigenous Children: Minority or indigenous children have the right to their own culture, religion, or language.
• Rights of Disabled Children: A mentally or physically disabled child should enjoy a full and decent life.
• Expression of Views: A child capable of forming their own views has the right to express those views freely in all matters affecting them.
• Protection from Torture: No child shall be subjected to torture or cruel, inhuman, or degrading treatment or punishment. Capital punishment or life imprisonment is not enforced for offenses committed by persons under 18 years.
• Minimum Age: States will establish a minimum age below which children are presumed not to have the capacity to infringe the penal law.
• Participation in Hostilities: States shall take measures to prevent children under 15 from participating in hostilities and refrain from recruiting them into armed forces.
• Best Interest of the Child: The best interest of the child is the paramount consideration for adoption.
• Articles: The Convention consists of 35 Articles, with the above points representing some salient features.

Rights of a Child and Indian Constitution

Fundamental Rights

• All Fundamental Rights in the Indian Constitution are applicable to children. Additionally, specific rights for children are included in the Constitution to provide special protection for this vulnerable group.
• Article 15(3): Article 15 prohibits discrimination based on religion, race, caste, sex, place of birth, or any of these grounds. However, Article 15(3) allows the State to make special provisions for women and children, ensuring their protection.
• Article 24: Article 24 prohibits the employment of children in factories, mines, or hazardous occupations. It states that no child below the age of 14 years shall be employed in such work.
• Through the 86th Constitutional Amendment in 2002, Article 21 A was inserted into the Indian Constitution. Article 21 A mandates that the State shall provide free and compulsory education to all children aged 6 to 14 years in a manner determined by the State.

Directive Principles of State Policy

• Article 39(f): This article ensures that children are provided opportunities and facilities for healthy development in conditions of freedom and dignity, protecting childhood and youth from exploitation and abandonment.
• Article 39(e): Clause (e) of Article 39 relates to the health and well-being of children, ensuring that the health and strength of workers, including children, are not abused and that citizens are not forced into unsuitable occupations due to economic necessity.
• Article 45: Article 45 imposes an obligation on the State to provide early childhood care and education to all children until they complete 6 years of age.

Fundamental Duties

• Article 51A(k): It is the duty of every citizen of India who is a parent or guardian to provide educational opportunities for their child or ward between the ages of six and fourteen years.

Legislative Initiatives for Prohibition of Child Labour

• The Parliament enacted the Child Labour (Prohibition and Regulation) Act 1986, in line with the Directive Principles of State Policy. This legislation prohibits the employment of children in certain jobs and regulates conditions of work in others.
• While the Act could not completely eliminate child labour, it aimed to prohibit the employment of children who had not completed 14 years of age in specific listed jobs.

National Policy of Child Labour

• The National Policy of Child Labour 1987 focuses on three key welfare aspects for children:
• Enforcement: Ensuring compliance with laws prohibiting child labour.
• Benefits: Providing benefits to families of child labourers.
• Projects: Implementing projects in areas with high concentrations of child labour.

Child Labour Prohibition and Regulation Amendment Act 2006

• In 2006, the Child Labour Prohibition and Regulation Act was amended to ban the employment of children below 14 years as domestic workers and in the hospitality industry.
• Violations of this provision are punishable by imprisonment of up to 3 months, extendable to 1 year, and fines ranging from Rs 10,000 to Rs 20,000.

Child Labour (Prohibition and Regulation) Amendment Act 2016

• The 2016 amendment to the Child Labour (Prohibition and Regulation) Act prohibited child labour entirely in India and regulated the employment of adolescents.
• The amendment also increased penalties for violations and renamed the Act as the Child and Adolescent Labour (Prohibition and Regulation) Act.

Children's Right to Free and Compulsory Education Act 2009

• This Act establishes the legal right to education for children aged 6 to 14, effective from 2010.
• It places an obligation on the government to enroll every child in school.

Commission for Protection of Child Rights Act 2005

• Enacted by Parliament, this Act establishes the National Commission and State Commissions for Protection of Child Rights.

Objects of the Act

The Act aims to:

• Prohibit the employment of children in all occupations and adolescents in hazardous occupations.
• Ban the employment of children under 14 years in specified occupations and processes.
• Regulate conditions of work for adolescents in non-hazardous occupations.
• Impose penalties for violations regarding child employment.
• Ensure uniformity in the definition of 'child' across related laws.

Definitions

• Adolescent(Section 2(i)): A person aged 14 to 18 years.
• Child(Section 2(ii)): A person below 14 years or as specified in the Right of Children to Free and Compulsory Education Act, 2009.

Prohibition of Employment of Children in any Occupation and Process

• Section 3(1): Prohibits employment of children in any occupation or process.
• Section 3(2): Exemptions include:
• 
  
  • Children helping in family enterprises (non-hazardous) after school hours or during vacations.
  • Children working as artists in audio-visual entertainment (subject to conditions).

Explanation:

• Family: Defined as immediate relatives.
• Family Enterprise: Work done by family members with some external help.
• Artist: A child involved in acting, singing, or similar activities for entertainment or sports.

Section 3 A - Prohibition of Employment of Adolescents in Certain Hazardous Occupations and Processes

• Prohibits adolescents from working in specified hazardous occupations or processes.
• Allows the Central Government to specify non-hazardous work for adolescents.

Technical Advisory Committee

• The Central Government can form a Technical Advisory Committee to advise on adding occupations and processes to the schedule.
• The committee will have a chairman and up to 10 members, meeting as needed and regulating its own procedure.
• It can create sub-committees and appoint non-members.

Regulation of Conditions of Work of Adolescents

• Part III of the Act focuses on regulating work conditions for adolescents in non-hazardous establishments.
• Hours and Period of Work:
• 
  
  • Maximum working hours and period of work are prescribed.
  • No more than three consecutive hours of work without a one-hour rest interval.
  • Work period, including rest, shall not exceed six hours.
  • Prohibits work between 7 p.m. and 8 a.m.
  • Overtime work is not allowed.
  • Prohibits working in multiple establishments on the same day.
• Weekly Holidays: Adolescents must receive one full day off each week, with the day specified by the occupier and changed no more than once every three months.
• Notice to Inspector: Occupiers must notify inspectors about adolescent employment details within thirty days.
• Disputes as to Age: Age disputes between inspectors and occupiers are referred to a prescribed medical authority.
• Maintenance of Register: Occupiers must maintain a register of adolescents showing names, birth dates, work hours, and other prescribed details.
• Display of Notice: Notices about sections 3A and 14 must be displayed prominently by railway administrations, port authorities, and occupiers.
• Health and Safety: The government can make rules for the health and safety of children working in establishments.

Penalties

• Child Labour: Employing a child in violation of section 3 leads to imprisonment (6 months to 2 years) or a fine (₹20,000 to ₹50,000) or both.
• Parents or guardians are not punished unless they permit child labour for commercial purposes against section 3.
• Adolescent Labour: Violating section 3A by employing an adolescent results in similar penalties as for child labour.

Hemendra Bhai V. State of Chhattisgarh

• Surveyors, directed by the Supreme Court, inspected child labour in factories.
• A child was found rolling beedis at home for a beedi manufacturing industry.
• The father reported that the firm provided raw materials for home production.
• The surveyor reported to the Assistant Labour Commissioner, who issued a Show Cause Notice to the industry.
• The industry was directed to deposit ₹20,000 and provide education to child workers.
• As the amount was not recovered, the inspector filed a charge sheet against the industry under section 14 of the Child Labour Act.
• The industry petitioned to quash the proceedings.
• The High Court quashed the proceedings on several grounds:
  • The firm did not employ the child in a workshop.
  • Workers rolled beedis at home with family assistance.
  • The firm had no control over the workers' activities.
  • If the home was a workshop, the worker became the occupier.
  • There was no evidence of the child's age being below 14.

Child and Adolescent Labour Rehabilitation Fund

• The government will establish a Child and Adolescent Labour Rehabilitation Fund in each district.
• Fines collected from employers of child and adolescent labour will be credited to this Fund.
• The government will also credit ₹15,000 to the Fund for each child or adolescent for whom a fine is imposed.
• Funds will be deposited in banks or invested as decided by the government.
• Interest accrued will be paid to the child or adolescent in whose favour the amount is credited.

Who can file a complaint?

• Under section 16 of the Act, any person, police officer, or Inspector can file a complaint regarding an offence under this Act in any court with jurisdiction.

• Administration of the Act

• Appointment of Inspectors: The appropriate Government can appoint Inspectors to ensure compliance with the Act's provisions.
• District Magistrate's Role: The District Magistrate may be given powers and duties to ensure the Act is followed, including designating subordinate officers to exercise these powers within specified local limits.
• Inspection and Monitoring: The appropriate Government will periodically inspect places where child employment is prohibited and hazardous occupations are carried out, monitoring compliance with the Act.

Despite various laws and regulatory bodies addressing child labour, effectiveness in controlling it remains limited. Success relies on societal cooperation, law enforcement, and mitigating child labour causes. Key focuses include population control, child education, and reallocating funds from India's GDP to combat child labour.