Child Labour Laws in India

PART-2

BY-SHIVANI VERMA
Child labour laws in India
As compared to the other countries child labour in India is more. Out of 179 million children, 90
million who are in the age group of 6-14 years are employed and they don't go to school. It
contributes to 50% of children in our country who are involved in child labour. Since 1933, various
laws have been made in India to control child labour. These laws include:

● Minimum Wages Act, 1948: The State Government fixes minimum wages that are to be
provided to the workers/labourers. The government fixed wages according to the type of work
and according to the class of workers.
● The Plantation Labour Act, 1951: This Act prohibits the employment of children below the age
of 12 years, but a child above the age of 12 years can be employed only when the appointed
surgeon issues a fitness certificate for that child.
Child labour laws in India
● The Mines Act, 1952: This Act provides that no child should be present where the work
of mining is going on and no child should be employed for such work.
● The Merchant Shipping Act, 1958: Except for a training ship, this Act does not allow the
employment of children below the age of 14 years in a ship. Also, a person under the
age of 18 years cannot be appointed as trimmers under this Act. They can only be
appointed under some specific conditions mentioned in this Act.
● The Indian Factories Act, 1948: No child below the age of 14 years can be employed in
a factory. Also, there are rules that a factory has to follow if they employ pre-adults that
are between 15-18 years of age.
 Child labour laws in India
● The Child Labour (Prohibition and Regulation) Act, 1986: No child who is less than 14
years of age be employed in any hazardous occupations that are provided in a list by
law. This list was amended not only in 2006 but also in 2008.
● The Juvenile Justice (Care and Protection) of Children Act, 2000: If any person employs
a child in any of the hazardous work or use the child as a bonded labour then that
person will be punishable under this Act.
● The Right of Children to Free and Compulsory Education Act of 2009: Free and
compulsory education must be provided to each and every child below 14 years of age.
In fact, to follow this Act efficiently, 25% of seats are also reserved in every private
school for children of the disadvantaged group and for children who are physically
challenged.
Child labour laws in India its implementation and
consequences
According to the Child Labour (Prohibition and Regulation) Act, 1986 a child below
the age of 14 years cannot be employed in 16 occupations and 65 hazardous
processes that are dangerous to child life. These occupations and processes are
mentioned in Part III of this Act respectively. The list of hazardous occupations is
provided by the schedule in two parts:
● Part A, and
● Part B.
PART A
Part A lists down various occupations that prohibit the employment of children. These are:

● A child should not be employed occupation related to the transportation of passengers,

goods and mail by railway.
● A child should not be employed in building operation in railway premises or picking up
cinder and cleaning the ash pit.
● Occupation related to moving from one platform to another or moving out of the train. It
also includes any work related to the construction of the railway station.
● No child should be employed in a catering establishment at a railway station or any
work which is close to the railway lines, etc.
PART B
Part B lists down various processes in which no child should be employed. These
are:
● Processes which includes beedi making.
● Processes like carpet weaving.
● Manufacturer of cement, as well as bagging of cement, cannot employ
children.
● Cloth weaving and dyeing are not allowed to employ children as workers.
● Matches, explosive and fireworks manufacturers are also included, etc.
Obstacles in the proper implementation of child labour laws

● Non-awareness: Non- awareness among people about the labour laws in India is a
cause for its poor implementation.
● Poverty: There is a vicious circle of poverty as many families live below the poverty line
and they cannot support their living so they send their children to work.
● Illiteracy: People who are illiterate are not aware of the rules and regulations due to lack
of education.
● Lack of political will: Another obstacle is lack of political will as well as the ineffective
role played by the government in removing child labour.
● Lack of efficiency: Due to inefficient administrative machinery the labour laws are not
implemented properly.