Test: Protection of Child Labour an Contract Labour - CLAT PG MCQ

The primary goal of the Child and Adolescent Labour (Prohibition and Regulation) Act is to prohibit the employment of children in all occupations and to regulate the conditions of work for adolescents in non-hazardous jobs. This comprehensive legislation aims to protect children from exploitation and ensure that their rights to education and development are upheld. The act signifies a critical step toward eliminating child labor in all its forms.

The Act mandates specific welfare measures, including the provision of rest-rooms, clean drinking water, and first-aid facilities for contract labour. However, the establishment of a retirement fund is not explicitly mentioned as a requirement under this Act.

The appropriate government has the authority to prohibit the employment of contract labour in certain processes or operations after consulting with the Central or State Advisory Boards. This decision is made based on the nature of the work and the working conditions, reflecting the government's commitment to protecting workers' rights.

The National Policy of Child Labour focuses on three key welfare aspects: enforcing compliance with laws prohibiting child labor, providing benefits to families of child laborers, and implementing projects in areas with high concentrations of child labor. This multifaceted approach aims to address the root causes of child labor while supporting affected families and communities, emphasizing the need for comprehensive solutions to eradicate child labor.

The 86th Amendment to the Indian Constitution, enacted in 2002, mandates that the State shall provide free and compulsory education to all children aged 6 to 14 years. This amendment was a landmark step toward ensuring educational rights for children and highlights the government's commitment to fostering an educated and empowered younger generation. It reflects the understanding that education is fundamental to breaking the cycle of poverty and child labor.

The Act applies to every establishment employing 20 or more contract workers on any day in the preceding 12 months. This threshold is set to ensure that the Act targets establishments of a sufficient scale to warrant regulatory oversight.

Under the Contract Labour Act, a contractor must obtain a license from the licensing officer to legally employ contract labour. This license includes conditions regarding wages, working hours, and other essential amenities, ensuring that the contractor meets the legal requirements for employing workers.

If a contractor fails to obtain the required license as stipulated by the Contract Labour Act, they may face penal consequences, including fines and legal action. This reinforces the importance of compliance with the licensing requirements to ensure worker protection and legal employment practices.

Family traditions play a significant role in perpetuating child labor, as some families have long-standing practices of involving children in work from a young age. This tradition often stems from economic necessity and cultural norms, making it difficult to break the cycle. Additionally, when families rely on child labor for income, it becomes a normalized practice that can be challenging to change. Interestingly, in some cultures, children working alongside their parents is seen as a form of family bonding and contribution to the household.

The Commission for Protection of Child Rights Act establishes the National Commission and State Commissions for the Protection of Child Rights in India. These bodies are tasked with ensuring that children's rights are upheld and protected across the country. They play a vital role in monitoring compliance with child rights laws, advocating for children's rights, and addressing grievances related to violations of those rights.

The Convention on the Rights of the Child defines a child as every human being below the age of 18 years. This definition is crucial as it establishes the age range for which specific rights and protections are applicable, recognizing the unique needs and vulnerabilities of individuals in this age group. This age threshold aims to ensure that all children receive the necessary support and protection until they reach adulthood.

A significant challenge in the enforcement of child labor laws is the need for societal cooperation and awareness. Effective implementation of these laws relies not only on legal frameworks but also on public understanding and support for the rights of children. Community involvement, education about the implications of child labor, and active participation in advocacy efforts are essential to create a supportive environment for enforcing and upholding these laws. This highlights the importance of a collective societal commitment to combat child labor.

If someone obstructs or refuses to assist an inspector in performing their duties under the Contract Labour Act, they can face a penalty of imprisonment for up to three months, a fine of up to ₹500, or both. This provision ensures that inspectors can effectively carry out their roles in enforcing the Act.

Principal employers are required to nominate a representative to be present during the wage disbursement by the contractor. This ensures transparency in the payment process, and if the contractor fails to pay wages on time, the principal employer may be held liable to pay the owed amounts.

A 'workman' is defined as any person employed in an establishment to perform skilled or unskilled, manual, supervisory, technical, or clerical work for hire or reward. This definition excludes managerial roles and those who primarily perform administrative tasks, thus focusing on those directly engaged in operational work.

The Declaration of the Rights of the Child, adopted by the United Nations General Assembly in 1959, marked a significant milestone in acknowledging and advocating for children's rights globally. It emphasized the need for special care and protection for children, recognizing their vulnerability and the necessity for legal protection. This foundational document paved the way for future treaties and conventions that would further specify and enforce children's rights.

The Technical Advisory Committee is responsible for advising the Central Government on adding occupations and processes to the list of those prohibited for child labor. This committee plays a crucial role in ensuring that the legislation remains relevant and responsive to changing labor conditions and emerging forms of exploitation. By evaluating and recommending updates, the committee helps strengthen the protections afforded to children and adolescents.

The Central Advisory Board is established to provide guidance on matters related to the administration of the Contract Labour Act. It comprises representatives from various sectors, ensuring that diverse interests are considered in the implementation of the Act.

Article 39(f) ensures that children are provided opportunities and facilities for their healthy development in conditions of freedom and dignity. This article emphasizes that childhood should be protected from exploitation and abandonment, recognizing that a nurturing environment is vital for children's growth. It reflects the broader commitment of the Indian Constitution to uphold children's rights and promote their overall well-being.

If a contractor fails to provide the required amenities for contract labour, the principal employer is responsible for providing these necessities. They can recover the costs incurred from the contractor, ensuring that contract workers are not left without essential facilities, which promotes accountability in the employment relationship.

The primary goal of the Contract Labour (Regulation and Abolition) Act, 1970 is to regulate and improve the service conditions of contract labour. While it aims to abolish contract labour in specific categories, it also establishes guidelines for welfare measures and amenities for workers where abolition is not feasible. This dual approach ensures that workers' rights and working conditions are prioritized.

The advisory boards, both at the central and state levels, are established to provide guidance on the administration and implementation of the Contract Labour Act. They play a crucial role in ensuring that the interests of all stakeholders are considered in the enforcement of the Act.

Article 24 of the Indian Constitution explicitly prohibits the employment of children in factories, mines, or any hazardous occupations. This provision is in place to protect children from exploitation and dangerous working conditions, ensuring their right to a safe environment. The commitment to safeguarding children's rights is reflected in various constitutional articles that aim to foster their development and well-being.

Children helping in family enterprises (non-hazardous) after school hours or during vacations are exempt from the prohibitions set forth by the Child Labour Act. This exemption acknowledges the role of family businesses in many communities while still aiming to protect children from exploitative labor practices. However, it also emphasizes the importance of ensuring that such work does not interfere with the children's education and development.

Establishments where work is performed only intermittently or casually are not covered under the Contract Labour Act. The Act specifies that if work is performed for less than 120 days in the preceding year or is seasonal for less than 60 days, it may be deemed intermittent, thus excluding it from regulation under this legislation.