Amendments to Child Labor (Prohibition & Regulation) Act 2016

By Pranav Gupta

The Union Cabinet has approved amendments to the Child Labor (Prohibition and
Regulation) Amendment Bill that would: (On Sept 1, 2o16)

 prohibit (with certain limited exceptions) the employment of children

below the age of 14 in all occupations and processes,
 allow children to help family or family enterprises in nonhazardous
occupations after school hours or during vacations,
 allow children to work in the entertainment industry subject to compliance
with prescribed conditions and
 significantly increase penalties for employers found in violation of child
labor laws.

Features:
1. Complete ban on employment of children below 14 years but allowed working
for family enterprises & farms after school hours or during holidays1.
2. Amendment In Short Title: “the Child Labour (Prohibition and Regulation)
Act, 1986”, the words, brackets and figures “the Child and Adolescent Labor
(Prohibition and Regulation) Act, 1986” shall be substituted.2
3. Insertion Of New Section 3a3: No adolescent4 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.
4. Substitution Of New Section For Section 3: Including above two, Children
engaged in entertainment industry (advertisement, films, television serials or
sports activities) except the circus, provided the work does not affect their
school education5.
1
Labour Ministry notifies amendments to Child Labour (Prohibition and Regulation)
http://economictimes.indiatimes.com/articleshow/54246631.cms?
utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
2
The Child Labour (Prohibition and Regulation) Amendment Act, 2016; SCC Online Blog;
http://blog.scconline.com/post/2016/08/01/the-child-labour-prohibition-and-regulation-
amendment-act-2016/
3
ibid
4
Children completed 4 years of age but less that 18 years.
5
Ministry Of Law And Justice, The Child Labour (Prohibition And Regulation) Amendment
Act,2016 (http://labour.gov.in/sites/default/files/THE%20CHILD%20LABOUR
%20%28PROHIBITION%20AND%20REGULATION%29%20AMENDMENT%20ACT%2C
 5. Banning children between 15-18 years engaged in hazardous works.
6. Punishment (Amendment Of Section 14) :
 Whoever employs any child or permits any child (in contravention of
the provisions of section 3) shall be punishable with 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. (Provided Guardian/Parents 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 (in
contravention of the provisions of section 3A) liable for 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. (Provided (Guardian/Parents not be punished unless they
permit such child for commercial purposes in contravention of the
provisions of section 3A)
7. Punishment in repetition of Offence under Section 3 & 3A:
 For Employer: convicted of an offence under section 3 or section 3A
commits a like offence afterwards, he shall be punishable with

%202016_0.pdf)
Bare Provision :
3. (1) No child shall be employed or permitted to work in any occupation or process.
(2) Nothing in sub-section (1) shall apply where the child,—
(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:
Provided that no such work under this clause shall effect the school education of the child.
Explanation.—For the purposes of this section, the expression,
(a) ‘‘family’’ in relation to a child, means his mother, father, brother,
sister and father’s sister and brother and mother’s sister and brother;
(b) ‘‘family enterprise’’ means any work, profession, manufacture or business which is performed
by the members of the family with the engagement of other persons;
(c) ‘‘artist’’ means a child who performs or practices any work as a hobby or profession directly
involving him as an actor, singer, sports person or in such other activity as may be prescribed
relating to the entertainment or sports activities falling under clause (b) of sub-section (2).
 imprisonment for a term which shall not be less than one year but
which may extend to three years.
 For Parents: The parents or guardian having been convicted of an
offence under section 3 or section 3A, commits a like offence
afterwards, he shall be punishable with a fine which may extend to ten
thousand rupees.".
8. Insertion of new sections6 14 A, 14 B, 14 C, 14 D & 17 A and 17 B7.
9. Amendment to section 188
10. Substitution of new Schedule for the Schedule.9

6
Ministry Of Law And Justice, The Child Labour (Prohibition And Regulation) Amendment
Act,2016 (http://labour.gov.in/sites/default/files/THE%20CHILD%20LABOUR
%20%28PROHIBITION%20AND%20REGULATION%29%20AMENDMENT%20ACT%2C
%202016_0.pdf)
7
ibid
8
ibid
9
(See section 3A)
(1) Mines.
(2) Inflammable substances or explosives.
(3) Hazardous process.
Explanation.—For the purposes of this Schedule, “hazardous process” has the
meaning assigned to it in clause (cb) of the Factories Act, 1948.’.