CHILD LABOUR LAWS IN INDIA: Protecting India’s Future: A Comprehensive Guide

Introduction:

India has a long-standing problem with child labour, with millions of children engaged in various forms of work that deprive them of their basic right to education and a childhood free from labour. Recognizing the gravity of the issue, the Indian government has enacted several child labour laws in India to prohibit the employment of children in hazardous industries and regulate their working conditions in others. One of the most significant legislations in this regard is The Child Labour (Prohibition and Regulation) Act of 1986.

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The Child Labour (Prohibition and Regulation) Act, 1986:

This act prohibits the employment of children below 14 years of age in hazardous industries such as mining, bidi-making, and carpet weaving. The act also regulates the working conditions of children above 14 years of age and mandates that they can only work in non-hazardous industries for a limited number of hours.

The Child Labour (Prohibition and Regulation) Act, 1986 is an important legislation enacted by the Indian government to prohibit the employment of children in certain occupations and to regulate their working conditions in others. The preamble of the act aims to protect children from exploitation and abuse by ensuring their basic right to education and a childhood free from labour.

The purpose of the act is to ensure that children are not employed in hazardous industries, such as mining, construction, and carpet weaving. The act prohibits the employment of children under the age of 14 in any occupation or process, except where the child is employed in a family business, in which case the work must be light and not harmful to their health and development.

The act also provides for the regulation of the working conditions of children who are permitted to work in certain occupations, including hours of work, rest periods, and health and safety measures. It requires employers to maintain a register of child workers, including their age, working hours, and conditions of work.

The act also provides for penalties for the violation of its provisions. Employers who violate the provisions of the act can be fined or imprisoned, and in some cases, their premises can be sealed. The act also provides for the rehabilitation of child labourers, including their education, training, and other forms of support.

Important Terminologies

(i) “appropriate Government” refers to the Central Government in case of establishments under its control, such as railways, major ports, mines or oilfields, and the State Government for all other establishments.
(ii) “Child” is defined as any person who has not yet completed 14 years of age.
(iii) “Day” refers to a period of 24 hours starting at midnight.
(iv) “Establishment” includes various kinds of establishments such as shops, commercial establishments, workshops, farms, residential hotels, restaurants, eating houses, theatres, or other places of public amusement or entertainment.
(v) “Family” means the individual, their spouse, and their children, and siblings.
(vi) “Occupier” refers to the person who has the ultimate control over the affairs of the establishment or workshop.
(vii) “Port authority” denotes any authority that administers a port.
(viii) “Prescribed” means the rules that have been made under section 18.
(ix) “Week” is a period of seven days that starts at midnight on Saturday night or such other night as approved in writing by the Inspector for a specific area.
(x) “Workshop” is defined as any premises, including the precincts, where an industrial process is carried on, except for premises to which the provisions of section 67 of the Factories Act, 1948, apply.

Section 13 of the Child Labour (Prohibition and Regulation) Act, 1986 empowers the appropriate government to make rules to ensure the health and safety of children employed or permitted to work in any establishment or class of establishments. The following are the matters that the rules may provide for:

• (a) Cleanliness in the place of work
• (b) Disposal of wastes and effluents
• (c) Ventilation and temperature
• (d) Dust and fume
• (e) Artificial humidification
• (f) Lighting
• (g) Drinking water
• (h) Latrine and urinals
• (i) Spittoons
• (j) Fencing of machinery
• (k) Work at or near machinery in motion
• (l) Employment of children on dangerous machines
• (m) Instructions, training and supervision un view of employment of children on dangerous machines
• (n) Device for cutting off power
• (o) Self-acting machines
• (p) Easing of new machinery
• (q) Floor, stairs and means of access
• (r) Pits, sumps, openings in floors, etc.
• (s) Excessive weights
• (t) Protection of eyes
• (u) Explosive or inflammable dust, gas, etc.
• (v) Precautions in case of fire
• (w) Maintenance of buildings and
• (x) Safety of buildings and machinery.

Section 14– This section outlines the penalties for various offenses related to the employment of children in contravention of the provisions of the act.

If anyone employs or permits a child to work in contravention of section 3, they can be punished with imprisonment for a term of not less than three months but which may extend to one year, or with a fine of not less than ten thousand rupees but which may extend to twenty thousand rupees, or with both.

If someone who has already been convicted of an offense under section 3 commits the same offense again, they can be punished with imprisonment for a term of not less than six months but which may extend to two years.

Anyone who commits any of the following offenses can be punished with simple imprisonment for a term of up to one month, or with a fine of up to ten thousand rupees, or with both:

This section of the act outlines the penalties for various offenses related to the employment of children in contravention of the provisions of the act. If any individual employs or permits a child to work in contravention of section 3, they can be punished with imprisonment for a term of not less than three months, but which may extend to one year, or with a fine of not less than ten thousand rupees, but which may extend to twenty thousand rupees, or with both.

If someone who has already been convicted of an offense under section 3 commits the same offense again, they can be punished with imprisonment for a term of not less than six months but which may extend to two years. Additionally, anyone who commits any of the listed offenses, such as failing to give notice as required by section 9, failing to maintain a register as required by section 11, failing to display a notice containing an abstract of section 3 and this section as required by section 12, or failing to comply with or contravene any other provisions of the Act or the rules made thereunder, can be punished with simple imprisonment for a term of up to one month, or with a fine of up to ten thousand rupees, or with both. These penalties are put in place to ensure that employers do not violate the rights of children by exploiting them for labor.

Also Read: https://legalreferencer.in/labour-laws-in-india-pdf-34-acts/

Child Labour (Prohibition & Regulation) Amendment Act, 2016:

The Child Labour (Prohibition & Regulation) Amendment Act, 2016 is a law passed by the government of India to prohibit the hiring of anyone under the age of 14. The amendment also restricts the working conditions of adolescents between the ages of 14 and 18, particularly for risky jobs and procedures. It has become a crime for businesses to hire any child or adolescent in violation of the Act, and the penalties for such violations have been increased.

The new law is more comprehensive and stringent in its provisions, and it seeks to ensure that all children have the right to education and a childhood free from exploitation. It prohibits the employment of children below the age of 14 years in any occupation, except for the purpose of participating in a family business or in the entertainment industry. It also prohibits the employment of adolescents aged between 14 to 18 years in hazardous occupations and processes.

The amended act imposes stricter penalties for violations, including higher fines and imprisonment terms. It also requires employers to maintain a register of children and adolescents employed in their establishments and to provide for their health, safety, and welfare. The government is also empowered to conduct inspections to ensure compliance with the provisions of the act.

The Amendment Act has given the competent government the authority to provide a District Magistrate with the necessary powers and responsibilities to ensure the effective implementation of the provisions. The State Action Plan has also been distributed to all States and UTs to ensure the effective implementation of the Act.

The Juvenile Justice (Care and Protection of Children) Act, 2015:

This act prohibits the use of children in drug trafficking or other illegal activities and provides protection to children who are victims of trafficking or sexual exploitation.

The Juvenile Justice (Care and Protection of Children) Act, 2015 is an important piece of legislation that aims to provide care, protection, and rehabilitation to children in need of care and protection, including those who are victims of trafficking, sexual exploitation, and drug abuse. The act recognizes that children are vulnerable and need special protection, care, and guidance.

The preamble of the act highlights the need to provide for a comprehensive legal framework for the protection and rehabilitation of children who are in conflict with the law or who are in need of care and protection.

It also lays down procedures for dealing with such cases and provides for the appointment of probation officers, social workers, and other professionals to assist in the rehabilitation of children.

One of the key provisions of the act is the prohibition of the use of children in drug trafficking or other illegal activities. The act recognizes that children who are exploited in this manner are victims and need protection and support. The act also provides for the establishment of special courts to deal with cases of children who are victims of trafficking or sexual exploitation.

The act also provides for the rehabilitation of children who are in need of care and protection, including those who are victims of trafficking, sexual exploitation, or drug abuse. It mandates that such children must be provided with education, vocational training, and other necessary facilities to enable them to lead a normal life. The act also provides for the establishment of aftercare programs to ensure that these children are provided with continued support and guidance even after they have left the care and protection of the state.

In summary, the Juvenile Justice (Care and Protection of Children) Act, 2015 is a comprehensive legal framework that aims to protect the rights of children and provide for their care, protection, and rehabilitation. It recognizes the vulnerability of children and the need to provide them with special protection, care, and guidance. The act provides for the establishment of Juvenile Justice Boards and Child Welfare Committees to deal with cases of children in conflict with the law or in need of care and protection. It also prohibits the use of children in drug trafficking or other illegal activities and provides for the rehabilitation of children who are victims of trafficking, sexual exploitation, or drug abuse.

The Right of Children to Free and Compulsory Education Act, 2009:

This act mandates free and compulsory education for children between the ages of 6 and 14 years and prohibits the employment of children in any occupation that affects their education.

The Right of Children to Free and Compulsory Education Act, 2009 (also known as the RTE Act) is an Indian law that mandates free and compulsory education for children between the ages of 6 and 14 years.

The purpose of the RTE Act is to provide free and compulsory education to children and to ensure that every child has access to quality education without any discrimination. The act recognizes the importance of education in a child’s life and the role it plays in the overall development of the child. It aims to make education a fundamental right of every child, regardless of their socio-economic background or other factors that may otherwise prevent them from accessing education.

The act also mandates that private schools reserve 25% of their seats for children from economically and socially disadvantaged backgrounds, with the government reimbursing the schools for these seats. This provision aims to ensure that children from underprivileged backgrounds have access to quality education in private schools, which are often better equipped than government-run schools.

The RTE Act sets out certain norms and standards that schools must adhere to, such as the provision of adequate infrastructure and facilities, qualified teachers, and a child-friendly environment. The act also recognizes the importance of regular monitoring and evaluation of schools to ensure that they are meeting the required standards.

The Bonded Labour System (Abolition) Act, 1976:

This act prohibits the employment of bonded labourers, which includes children who are forced to work to pay off a debt.

The act defines bonded labour as a system in which a debtor is forced to provide labour or service to a creditor to repay a debt or loan, and where the debtor is not free to leave the service or employment of the creditor until the debt is repaid.

The primary purpose of the act is to abolish bonded labour and provide rehabilitation and social welfare measures for the freed bonded labourers. The act declares that any agreement, custom or tradition that enforces bonded labour is void and any person who compels or induces another person to become a bonded labourer, or who knowingly employs or harbours a bonded labourer, is liable for punishment. The act also provides for the identification, release, and rehabilitation of bonded labourers, and the constitution of vigilance committees to prevent the recurrence of the practice.

Under the act, the government is mandated to take measures to provide education, health care, and social welfare to the freed bonded labourers and their families. The government is also required to ensure that the landless, small farmers, and other weaker sections of society are provided with land and other resources to enable them to earn their livelihoods and improve their living conditions.

The Factories Act, 1948:

The Factories Act, 1948 is an important legislation that regulates the working conditions in factories, including those where children are employed. The primary purpose of this act is to ensure the safety, health and welfare of workers employed in factories. The act provides guidelines for the management of factories, and it lays down certain provisions that employers must adhere to, in order to ensure the safety and well-being of their workers, including children.

One of the most important provisions of the act, with respect to child labour, is that it mandates that no child who is less than 14 years of age can be employed in any factory. Additionally, no child who is above the age of 14 but below the age of 18 can be employed in a hazardous occupation or process. This is in line with the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 which prohibits the employment of children in hazardous occupations.


Another important provision of the act is that it requires employers to provide protective equipment and clothing to all workers, including children, who are engaged in hazardous occupations or processes. This is in line with the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 which mandates that employers must provide appropriate protective gear to children who are employed in hazardous occupations.

In addition to these provisions, the Factories Act, 1948 also lays down guidelines for the working conditions in factories, including those where children are employed. The act mandates that the factory premises must be kept clean and hygienic, and that adequate ventilation and lighting must be provided. It also requires that the temperature and humidity levels inside the factory be maintained within safe limits.

In conclusion, the Factories Act, 1948 is an important piece of legislation that regulates the working conditions in factories, including those where children are employed. The act provides guidelines for the management of factories, and it lays down certain provisions that employers must adhere to, in order to ensure the safety and well-being of their workers, including children. The act complements the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 which specifically prohibits the employment of children in hazardous occupations and regulates the employment of children in non-hazardous occupations. Together, these acts provide a comprehensive legal framework for the protection of children who are employed in factories.

The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986:

This act provides for the prohibition and regulation of child labour in non-hazardous occupations and processes.The purpose of the act is to provide protection to children from exploitation in the workforce by prohibiting the employment of children in certain occupations and regulating the conditions of work of children in certain other occupations. The act defines a child as a person who has not completed their fourteenth year of age, and an adolescent as a person who has completed their fourteenth year of age but has not completed their eighteenth year.

The act prohibits the employment of children in certain occupations such as:

• Work in any factory, mine or hazardous employment or occupation.
• Work as domestic servants in hotels, motels, restaurants, teashops, and other establishments.
• Work in the construction of roads, buildings, and other similar projects.
• Work in any circus or advertisement.
• Work in any port, dock, or warehouse.

The act allows the employment of children in certain occupations subject to the fulfillment of certain conditions such as:

• The working conditions must be safe and the health of the child must not be endangered.
• The child must not be made to work for more than three hours before taking a break of at least one hour.
• The child must not be made to work during the night, between 7 pm and 8 am.
• The child must be provided with opportunities for education and vocational training while working.

The act also provides for the regulation of the conditions of work of adolescents in non-hazardous occupations. The employer must ensure that the working conditions are safe and healthy, and that the adolescent is not made to work for more than six hours a day. The adolescent must also be provided with opportunities for education and vocational training while working.

The act prescribes penalties for the contravention of its provisions. Any person who employs a child in contravention of the provisions of the act is liable to imprisonment for a term not less than three months and extendable up to two years or with a fine not less than ten thousand rupees and extendable up to fifty thousand rupees or with both. The act also provides for the confiscation of any tools, equipment, or machinery used in the commission of the offense.

In summary, the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 is an important piece of legislation aimed at protecting children from exploitation in the workforce by prohibiting their employment in hazardous occupations and regulating their conditions of work in non-hazardous occupations. The act provides for penalties for its contravention to ensure its effective implementation

.

The Right of Children to Free and Compulsory Education Act of 2009-

The Right of Children to Free and Compulsory Education Act (RTE) was passed by the Indian Parliament in 2009. The preamble of the Act declares that it is an Act to provide free and compulsory education to all children in the age group of 6-14 years in a neighborhood school. The Act aims to achieve the fundamental right to education guaranteed under Article 21A of the Indian Constitution.

The purpose of the Act is to provide equal opportunities for quality education to all children, regardless of their social, economic, or cultural background. The Act aims to eliminate barriers that prevent children from accessing quality education, such as poverty, discrimination, and social inequality. The Act seeks to promote inclusiveness and equal participation of all children in the educational process.

The Act also lays down the responsibilities of the State, local authorities, and schools in providing free and compulsory education. It mandates that every child in the age group of 6-14 years has the right to free and compulsory education in a neighborhood school. The Act also mandates that the State and local authorities take measures to ensure that no child is deprived of his or her right to education due to poverty, disability, or any other social, cultural, or economic reasons.

The Act also provides for the establishment of a National Commission for Elementary Education to monitor the implementation of the Act and to ensure that the objectives of the Act are achieved. The Act seeks to provide a comprehensive framework for the universalization of elementary education in India and is a significant step towards achieving the goal of a literate and educated India.

The Mines Act of 1952:

The Mines Act of 1952 is a legislation that was enacted by the Indian government to regulate and improve the working conditions of laborers in the mining industry. The preamble of the Act states that its objective is to ensure the health, safety, and welfare of miners working in mines, as well as to prevent accidents and occupational diseases in the mining industry.

The Act aims to provide comprehensive measures to protect workers employed in mines from hazardous work environments, unhealthy living conditions, and other risks associated with the mining industry. It establishes provisions for ventilation, temperature control, and lighting in mines, and ensures that workers are provided with protective clothing, equipment, and tools.

The Act also regulates the hours of work of laborers in the mining industry, providing that no adult worker is allowed to work for more than nine hours per day, or 48 hours per week. It also prohibits the employment of children below the age of 18 years in mines, thus aligning with the child labor laws of India.

The Act prohibits the employment of children below 18 years of age in any mine. Mining is considered one of the most hazardous occupations and can pose significant health and safety risks for workers. Children are particularly vulnerable to such risks, as they are physically and emotionally immature and lack the experience and knowledge required to handle dangerous equipment and machinery.

In addition to the prohibition on child labor, the Act also imposes various other obligations on mine owners to ensure the safety and welfare of workers. For example, it requires mine owners to provide adequate lighting, ventilation, and sanitation facilities, as well as protective gear such as helmets and boots. The Act also mandates that mines be inspected regularly by government officials to ensure compliance with safety standards.

The preamble of the Mines Act emphasizes the importance of ensuring the health, safety, and welfare of workers in mines. The Act seeks to regulate the working conditions in mines and to prevent accidents and injuries, which can have severe and long-lasting consequences for workers and their families. By prohibiting the employment of children in mines, the Act recognizes the vulnerability of children and the need to protect them from hazardous work.

MINIMUM AGE FOR EMPLOYMENT IN INDIA-

0 to 14 Age:

In India, it is considered a crime to employ children under the age of 14, with the exception of some family-based work. This can lead to a maximum of 2-year imprisonment. Adolescents aged 14 to 18 are not allowed to work in dangerous jobs. The Child Labour (Prohibition and Regulation) Amendment Bill of 2012 permits the prosecution of both the parents and the child who is hired.

Children under the age of 14 are not allowed to work in any profession or process, nor can they be hired. However, there are exceptions to this rule. For instance, a child can assist his or her family or family business in non-dangerous activities after school or during a break. The term ‘family’ includes a child’s mother, father, siblings, grandparents, mother’s sister, and father’s sister.

If certain restrictions and safety measures are met, children under the age of 14 may work as artists in the audio-visual entertainment sector. This includes commercials, movies, television series, and any other kind of entertainment or sport except the circus.

It is important to note that the government of India has established strict laws to protect children from exploitation and to ensure their welfare. The goal of these laws is to prevent children from being forced to work in dangerous conditions and to promote their education and overall well-being. These laws provide for the establishment of institutions such as the National Commission for Protection of Child Rights (NCPCR) and the State Commissions for Protection of Child Rights (SCPCR), which are responsible for the enforcement of child protection laws in India.

14 to 18 Age:

1. Adolescents between the ages of 14 to 18 can engage in non-hazardous occupations and processes under the Child Labour (Prevention and Regulation) Amendment Act.
2. Before hiring an adolescent, the company must meet certain requirements, including establishing a work schedule such that no segment of time is more than three hours.
3. After working for three hours, the adolescent must take a break for at least an hour.
4. An adolescent is allowed to work for a maximum of six hours per day, excluding waiting time.
5. Adolescents cannot work from 7 p.m. to 8 a.m.
6. They cannot be forced to work beyond the allotted hours.
7.  Adolescents are not allowed to work simultaneously in more than one place of enterprise.
8. Adolescents must receive a full day of holiday each week.
9. All children employed in an establishment are entitled to one whole day of rest every week, according to this provision. The day of rest must be specified by the occupier and permanently exhibited in a prominent location in the establishment. The occupier is not permitted to change the day of rest more than once in three months.

Following are the restrictions on Employer when they hire adolescents-

Employers who hire adolescents in India must adhere to specific rules and regulations to ensure their safety and wellbeing. They must maintain a register containing the name and birthdate of each adolescent who is hired and given permission to work, along with the hours and work periods that they work, and the rest times to which they are entitled. The register must also contain the type of employment that they engage in.

Additionally, within 30 days of hiring or allowing an adolescent to work, the owner of the business must provide the local inspector with further details. These details include the name and location of the business, the name of the person who is in charge of running the business, the address where correspondence about the establishment should be sent, and the type of work or procedure performed in the establishment.

These rules are designed to protect the rights of adolescents and ensure that they are not exploited or subjected to dangerous working conditions. By maintaining a register and providing the local inspector with the necessary information, employers can be held accountable for their treatment of adolescents. It is important that businesses comply with these rules to promote the safety and welfare of young workers in India.

Also Read: https://legalreferencer.in/martp-act-1966/

CHILD LABOUR ARE PROTECTED UNDER VARIOUS ARTICLES OF CONSTITUTION OF INDIA:

The Indian Constitution contains various provisions regarding child labour and the protection of children’s rights. These provisions reflect the government’s commitment to ensuring that all children in India are provided with basic education, good health, and protection from exploitation. Here are some of the important constitutional provisions related to child labour in India:

1. Compulsory Education:

Article 21-A of the Constitution of India states that the State shall provide free and compulsory education to all children between the ages of 6 and 14 years in such manner as the State may, by law, determine. The Right of Children to Free and Compulsory Education (RTE) Act, 2009, implements this constitutional provision and guarantees free and compulsory education to all children in the age group of 6 to 14 years.

2. Prohibition of traffic in human beings and forced labour:

Article 23 of the Constitution of India prohibits traffic in human beings and forced labour.

3. Prevention from coercive factors:

Article 24 of the Constitution of India provides for the prevention of the employment of children in factories, etc.

4. Prohibition of employment of children in factories:

Article 39(e) of the Constitution of India directs the State to ensure that children are not employed in hazardous industries and occupations.

5. Fundamental duty:

Article 51-A of the Constitution of India imposes a fundamental duty on every citizen to renounce practices derogatory to the dignity of women, children, and weaker sections of society. Citizens are expected to fulfill these duties as an essential part of their responsibilities towards the nation.

6. Duty of the state to raise the level of nutrition:

Article 47 of the Constitution of India directs the State to raise the level of nutrition and the standard of living and to improve public health. Article 47 of the Constitution of India directs the state to improve the health and nutrition level of its citizens, particularly the rural and underprivileged sections of society. The article lays emphasis on prohibition of consumption of intoxicating drinks and drugs which are injurious to health. The State is directed to make its best efforts to bring about prohibition of intoxicating drinks and drugs. The article also directs the State to encourage and promote the use of cow’s milk as a means of providing nutrition to children and all citizens, in order to ensure good health and well-being.

7. Protection from exploitation:

Article 39(f) of the Constitution of India directs the State to ensure that children are protected from exploitation and are not subjected to moral and material abandonment. The article highlights the importance of protecting children and providing them with a safe and nurturing environment to grow and develop. It is a directive principle of state policy, which means that it is not enforceable by any court of law, but the government is obligated to implement it to the best of its ability.

8. Child care:

Article 45 of the Constitution of India directs the State to provide for free and compulsory education for all children until they complete the age of 14 years. Article 45 of the Constitution of India is a Directive Principle of State Policy that directs the state to provide free and compulsory education for all children up to the age of 14 years.

This article emphasizes that the state shall make every effort to ensure that children receive education, and that it is the duty of the state to provide education to all children. The aim of this article is to promote universal education and literacy in the country, and to create a society where education is accessible to all. The government has implemented various schemes and programs to fulfill this directive principle, including the Right to Education Act, which provides for free and compulsory education for all children between the ages of 6 and 14.

There are several recommendation committees related to child labour, both at the national and international levels. Some of the important ones are:

1. National Child Labour Project (NCLP) Committee: This committee was set up by the Government of India to oversee the implementation of the National Child Labour Project, which aims to rehabilitate and educate child labourers. The major Central Sector Scheme for the rehabilitation of child labour has a sequential approach with a focus on rehabilitating children working in hazardous occupations and processes in the first instance. To achieve this objective, a survey has been conducted to identify child labourers engaged in hazardous occupations and processes.

The identified children are then withdrawn from these occupations and put into special schools for mainstreaming into the formal schooling system. Project Societies at the district level are fully funded to open special schools and Rehabilitation Centres for this purpose. These schools provide non-formal/bridge education, skilled/vocational training, mid-day meals, stipends at Rs.150/- per child per month, and health care facilities through a doctor appointed for a group of 20 schools.

2. National Commission for Protection of Child Rights (NCPCR): The NCPCR is a statutory body set up by the Government of India to protect the rights of children. It has the power to investigate, monitor, and recommend action against cases of child labour. This was done to ensure that all laws, policies, programs, and administrative systems in India are aligned with the rights of the child as per the Constitution of India and the United Nations Convention on the Rights of the Child. The Commission works towards ensuring that children falling within the age group of 0 to 18 years are protected from all forms of exploitation, abuse, and neglect.

The NCPCR has a rights-based perspective that flows into national policies and programs, with defined responses at the state, district, and block levels. The Commission recognizes the specifics and strengths of each region and seeks to make deep penetration into the communities and families to ensure the well-being of children. It also intends to share the collective experience gained in the field with higher authorities for consideration.

The NCPCR plays a crucial role in building strong institutions, respecting local bodies, and decentralizing the process of protecting children. It recognizes that the state has an indispensable role to play in ensuring the well-being of children. Additionally, the Commission emphasizes the importance of greater social concern and a child-friendly environment.

3. Child Labour Technical Advisory Committee (CLTAC: Under Section 5 of the Child Labour (Prohibition & Regulation) Act, 1986, new occupations and processes may be included in the Act’s Schedule based on the suggestions of the Child Labour Technical Advisory Committee (CLTAC). The Committee, which includes a Chairman and nine other Members, is appointed under the Child Labour (Prohibition & Regulation) Rules.

Apart from this, a Central Advisory Board on Child Labour has also been established to evaluate the implementation of current laws and propose steps for the betterment of working children. Details about the current members of the Board can be found by clicking on the provided link.

4. Gurupadaswamy Committee -In 1979: the Gurupadaswamy Committee was established by the government of India to investigate the issue of child labour and provide solutions. The committee recommended outlawing child labour in hazardous occupations while regulating and improving working conditions in other industries, citing poverty as a significant obstacle to ending child labour entirely. In response to the committee’s suggestions, the Child Labour (Prohibition & Regulation) Act was passed in 1986, which limits working conditions in various jobs and industries and prohibits the employment of children in dangerous occupations.
 

The Child Labour (Prohibition and Regulation) Act, 1986- As per the said act ‘child’ as per the definition of section 2 of this act is not allowed to work in following type of working places.

PART A

Occupations
An occupation connected with-
(I) Transport of passengers, goods or mails by railway;
(2) Cinder picking,’ clearing of an ash pit or -building operation in the railway premises;
(3) Work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from one platform to another or into or out of a moving train;
(4) Work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines;
(5) A port authority within the limits of any port;
1[(6) Work relating to selling of crackers and fireworks in shops with temporary licences;]
2[(7) Abattoirs/slaughter Houses;]
3[(8) Automobile workshop and garages;
(9) Foundries;
(10) Handling of toxic or inflammable substances or explosives;
(11) Handloom and powerloom industry;
(12) Mines (underground and underwater) and collieries;
(13) Plastic units and fibreglass workshops.]

PART B

Processes
(1) Bidi-making;
4[(2) Carpet-weaving including preparatory and incidental process thereof;]
(3) Cement manufacture, including bagging of cement;
4[(4) Cloth printing, dyeing and weaving including proceses, preparatory and incidental thereto;]
* Sections 23 to 26 have been repealed by section 2 and First Schedule of the Repealing and Amending Act, 2001 (30 of 2001) (w.e.f. 3-9-2001). The repeal by this Act shall not effect any other enactment in which the repealed enactment has been applied, incorporated or referred to.
1. Ins. by S.O. 404 (E), dated 5th June, 1989.
2. Ins. by S.O. 263(E), dated 29th March, 1994.
3. Added by S.O. 36(E), dated 27th January, 1999.
4. Subs. by S.O. 36(E), dated 27th January, 1999. (5) Manufacture of matches, explosives and fire-works;
(6) Mica-cutting and splitting;
(7) Shellac manufacture;
(8) Soap manufacture;
(9) Tanning;
(10) Wool-cleaning;
1[(11) Building and construction industry including processing and polishing of granite stones;]
2[(12) Manufacture of slate pencils (including packing);
(13) Manufacture of products from agate;
(14) Manufacturing processes using toxic metals and substances, such as lead, mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos;]
3[(15) ‘Hazardous process’ as defined in section 2 (cb) and ‘dangerous operation’ as notified in rules under section 87 of the Factories Act, 1948 (63 of 1948);
(16) Printing as defined in section 2(k) (iv) of the Factories Act, 1948 (63 of 1948);
(17) Cashew and cashew nut descaling and processing;
(18) Soldering processes in electronics industries;]
4[(19) ‘Aggarbatti’ manufacturing;
(20) Automobile repairs and maintenance including processes incidental thereto, namely, welding, lathe work, dent beating and painting;
(21) Brick kilns and roof titles units;
(22) Cotton ginning and processing and production of hosiery goods;
(23) Detergent manufacturing;
(24) Fabrication workshops (ferrous and non-ferrous);
(25) Gem cutting and polishing;
(26) Handling of chromite and managanese ores;
(27) Jute textile manufacture and coir making;
(28) Lime kilns and manufacture of lime;
(29) Lock making;
(30) Manufacturing processes having exposure to lead such as primary and secondary smelting, welding and cutting of lead-painted metal constructions, welding of galvanized or zinc silicate, polyvinyl chloride, mixing (by hand) of crystal glass mass, sanding or scrapping of lead paint, burning of lead in enameling workshops, lead mining, plumbing, cable making, wire patenting, lead casting, type founding in printing shops. Store type setting, assembling of cars, shot making and lead glass blowing;
(31) Manufacture of cement pipes, cement products and other related work;
(32) Manufacturing of glass, glassware including bangles, fluorescent tubes, bulbs and other similar glass products; (33) Manufacture of dyes and dye stuff;
(34) Manufacturing or handling of pesticides and insecticides;
(35) Manufacturing or processing and handling of corrosive and toxic substances, metal cleaning and photo engraving and soldering processes in electronic industry;
(36) Manufacturing of burning coal and coal briquettes;
(37) Manufacturing of sports goods involving exposure to synthetic materials, chemicals and leather;
(38) Moldings and processing of fiberglass and plastic;
(39) Oil expelling and refinery;
(40) Paper making;
(41) Potteries and ceramic industry;
(42) Polishing, molding, cutting, welding and manufacture of brass goods in all forms;
(43) Process in agriculture where tractors, threshing and harvesting machines are used and chaff cutting;
(44) Saw mill-all processes;
(45) Sericulture processing;
(46) Skinning, dyeing and processes for manufacturing of leather and leather products;
(47) Stone breaking and stone crushing;
(48) Tobacco processing including manufacturing of tobacco, tobacco paste and handling of tobacco in any form;
(49) Tyre making, repairing, re-treading and graphite benefication;
(50) Utensils making, polishing and metal buffing;
(51) ‘Zari’ making (all processes);]
1[(52) Electroplating;
(53) Graphite powdering and incidental processing;
(54) Grinding or glazing of metals;
(55) Diamond cutting and polishing;
(56) Extraction of slate from mines;
(57) Rag picking and scavenging.]

Important Case laws

M.C. Mehta vs State Of Tamil Nadu And Others

In 1996, the Supreme Court of India passed a landmark judgement in the case of M.C. Mehta v. State of Tamil Nadu, which aimed to eradicate child labour in India. The judgement included several directives that the government was required to implement to address the issue.

First, a survey was to be conducted to identify children who were working. This was important because many working children were hidden and not registered in official records, which made it difficult to enforce child labour laws.

Second, children employed in hazardous industries were to be withdrawn from work. This was necessary because hazardous work environments were particularly dangerous for children and could have long-term negative health effects.

Third, children who were withdrawn from work were to be educated in appropriate institutions. This was to ensure that the children were not only taken out of dangerous work environments but also given the opportunity to receive an education, which could help them in the long run.

Fourth, a welfare fund was to be established, to which employers who violated child labour laws were required to contribute Rs. 20,000 per child. The funds were to be used for the benefit of the children who had been withdrawn from work and to support their families. Additionally, if the employment of one adult family member of the child who had been withdrawn from work was not possible, the state government was required to donate Rs. 5,000 to the welfare fund.

Fifth, families of withdrawn children would receive financial assistance out of the interest income on the amount put in the welfare fund, as long as the child was actually sent to school.

Finally, the judgement limited the number of hours that children could work in non-hazardous jobs to ensure that they received at least two hours of schooling each day and a maximum of six hours of labour. The employer was required to cover the cost of schooling.

People’s Union for Democratic Rights v. Union of India

it was alleged that a few children under the age of 14 were working on the Asiad Project’s development in Delhi. The contention was that the Employment of Children Act (1938) did not apply to children working in the construction industry since it was not listed in the Act’s schedule. However, according to Justice Bhagwati, this argument put forth by the government was unreasonable. Despite the fact that construction work is not explicitly mentioned in the Employment of Children Act, 1938, children under the age of 14 should not be employed in such a dangerous occupation.

The court urged the state government to take prompt action to include construction work under the Act’s schedule and ensure that Article 24 of the Constitution, which prohibits the employment of children under the age of 14 in hazardous occupations, is not violated in any part of the country.

TMA Pai Foundation v. Union of India (2002)

The Supreme Court in TMA Pai Foundation v. Union of India (2002) established that it is a fundamental responsibility of parents or guardians to provide their children with access to education. The Parliament passed the Right of Children to Free and Compulsory Education Act in 2009, which mandates free and compulsory education for all children between the ages of 6 and 14, to codify this development in the field of education and recognise it as a fundamental right.

Court on its own motion v. State of NCT of Delhi (2009)

The Delhi High Court in the case of “Court on its own motion v. State of NCT of Delhi (2009)” has approved the Delhi Action Plan to Prevent Child Labour established by the National Commission for Protection of Child Rights, Government of India. In its decision, the court has defined the roles and responsibilities of all parties in implementing the plan.