Child

Labour
 DEFINITIONS
• ILO: Work that deprives children of their childhood, their potential and
their dignity, and that is harmful to physical and mental development.

• UNICEF: A child is involved in child labour activities if:

• between 5 and 11 years of age, he or she did at least one hour of
economic activity or at least 28 hours of domestic work in a week,
• and in case of children between 12 and 14 years of age, he or she
did at least 14 hours of economic activity or at least 42 hours of
economic activity and domestic work per week.
 DESTRUCTIVE OR EXPLOITATIVE WORK VS.
BENEFICIAL WORK

• Children’s work needs to be seen as happening along a

continuum, with destructive or exploitative work at one end and
beneficial work – promoting or enhancing children’s
development without interfering with their schooling, recreation
and rest – at the other. And between these two poles are vast
areas of work that need not negatively affect a child’s
development.” (UNICEF REPORT)
CONSIDER THE FOLLOWING THREE
EMPLOYMENTS

• A CHILD WORKING IN A CIRCUS

• A CHILD WORKING AS A WAITER OR WAITRESS IN A FAMILY BUSINESS

• A CHILD WORKING IN A CONSTRUCTION SITE AFTER SCHOOL

CAUSES
• What according to you are some of the causes of Child Labour and
how?
• e.g., poverty, education, lack of awareness
 LAWS RELATING TO CHILD LABOUR IN INDIA
• THE CONSTITUTION OF INDIA
• Article 21 A: Right to Education: The State shall provide free and compulsory education to
all children of the age of 6 to 14 years in such manner as the State, by law, may determine.
• Article 24: Prohibition of employment of children in factories, etc.: No child below the age
fourteen years shall be employed in work in any factory or mine or engaged in any other
hazardous employment.
• Article 39: The State shall, in particular, direct its policy towards securing(e) that the health
and strength of workers, men and women, and the tender age of children are not abused
and that citizens are not forced by economic necessity to enter avocations unsuited to their
age or strength.
• The Factories Act of 1948: The Act prohibits the employment of children below the age of 14 years in any factory. The law also
placed rules on who, when and how long can pre-adults aged 15–18 years be employed in any factory.

• The Mines Act of 1952: The Act prohibits the employment of children below 18 years of age in a mine. Mining being one of the
most dangerous occupations, which in the past has led to many major accidents taking life of children is completely banned for
them.

• The Child Labour (Prohibition and Regulation) Act of 1986: The Act prohibits the employment of children below the age of 14
years in hazardous occupations identified in a list by the law. The list was expanded in 2006, and again in 2008.

• The Juvenile Justice (Care and Protection) of Children Act of 2000: This law made it a crime, punishable with a prison term, for
anyone to procure or employ a child in any hazardous employment or in bondage. This act provides punishment to those who
act in contravention to the previous acts by employing children to work.

• The Right of Children to Free and Compulsory Education Act of 2009: The law mandates free and compulsory education to all
children aged 6 to 14 years. This legislation also mandated that 25 percent of seats in every private school must be allocated
for children from disadvantaged groups and physically challenged children.
CHILD LABOUR (PROHIBITION AND
REGULATION) ACT, 1986
• PRIOR TO 2016:
• The Act prohibits employment of children in 13 occupations and 57 processes
contained in Part A & B of the Schedule to the Act (Section 3).

• AFTER 2016 AMENDMENT:

• sec 3: “No child shall be permitted or allowed to work in any occupation”.
• EXCEPTIONS: (a) helps his family or family enterprise, which is other than any
hazardous occupations or processes set forth in the Schedule, after his school
hours or during vacations; (b) works as an artist in an audio-visual
entertainment industry, including advertisement, films, television serials or
any such other entertainment or sports activities except the circus, subject to
such conditions and safety measures, as may be prescribed
• NEW SECTION INSERTED SECTION 3A: No adolescent shall be employed or
permitted to work in any of the hazardous occupations or processes set forth in
the Schedule: Provided that the Central Government may, by notification, specify
the nature of the non-hazardous work to which an adolescent may be permitted
to work under this Act.
• ADOLESCENT= 14 YEARS TO 18 YEARS.
• Conditions of work to be regulated.
• Constitution of Child and Adolescent Labour Rehabilitation Fund
 PUNISHMENT
• SECTION 14:

• Whoever employs any child or permits any child to work in contravention of the provisions of section 3:
• imprisonment for a term which shall not be less than six months but which may extend to two years, or with fine which shall not be less than twenty thousand rupees
but which may extend to fifty thousand rupees, or with both

• Parents or guardians of such children shall not be punished unless they permit such child for commercial purposes in contravention of the provisions of section 3.

• Whoever employs any adolescent or permits any adolescent to work in contravention of the provisions of section 3A:
• imprisonment for a term which shall not be less than six months but which may extend to two years or with fine which shall not be less than twenty thousand rupees
but which may extend to fifty thousand rupees, or with both

• Parents or guardians of such adolescent shall not be punished unless they permit such adolescent to work in contravention of the provisions of section 3A.

• Parents or guardians of any child or adolescent referred to in section 3 or section 3A, shall not be liable for punishment, in case of the first offence.

• FOR REPEATING THE CRIME:

• imprisonment for a term which shall not be less than one year but which may extend to three years.

• Parents or guardian; fine which may extend to ten thousand rupees.”

PROCEDURE FOR PROSECTION
• FILE A COMPLAINT: Court of competent jurisdiction
• CERTIFICATE AS TO THE AGE OF A CHILD
• METROPOLITAN MAGISTRATE OR A MAGISTRATE OF THE FIRST CLASS
IMPLEMENTATION
• TECHNICAL ADVISORY COMMITTEE to aid and advice the government
on issues relating to child labour
• DISTRICT MAGISTRATE
• NATIONAL CHILD LABOUR POLICY
• Legislative Action Plan

• Focus on general development programmes for the benefit of the

families of child labour; and

• Project-based action in areas of high concentration of child labour.

RECOMMENDATIONS
• Give some suggestions to reduce or eradicate child labour in India.
• E.g, rehabilitation, education, family planning etc.