Child labour continues to be a significant challenge in India, especially in unorganised sectors. To combat this, the Indian Parliament enacted the Child Labour (Prohibition and Regulation) Act, 1986. The legislation is a landmark in protecting children from exploitation and unsafe work environments. It lays down rules for banning employment of children in certain sectors while regulating the conditions of work in others. The salient features of this Act not only protect the basic rights of children but also reflect India’s commitment to social justice and equality under the Constitution.
Objective of the Act
The primary objective of the Child Labour Act is two-fold:
- Prohibit the employment of children below the age of 14 years in certain hazardous occupations and processes.
- Regulate the conditions of work for children in non-hazardous occupations.
By focusing on these goals, the law seeks to balance the social reality of economic constraints and the constitutional obligation to safeguard children’s rights. The salient features include clearly defined employment restrictions, working hour limitations, and penalties for non-compliance.
Legal Definitions and Age Limits
One of the key salient features of the Act is the clear classification of age groups:
- The law defines a child as a person who has not completed 14 years of age.
- An adolescent, as per the 2016 amendment, is someone between 14 and 18 years of age.
The 2016 amendment to the Act introduced stricter regulations and expanded protection to adolescents by prohibiting their employment in hazardous occupations.
Prohibited Occupations and Processes
The legislation includes a key provision that lists occupations and processes in which it strictly prohibits child labour. This includes:
- Hazardous industries such as mining, explosives, and chemical production.
- Workplaces like slaughterhouses, automobile garages, railway platforms, and construction sites.
- Processes like beedi-making, carpet weaving, brick kilns, and glassware production.
The Government of India has the authority to update this list periodically to include new forms of hazardous work that may affect children’s safety and development.
Regulation of Working Conditions
Where child labour is not completely prohibited, the Act provides for regulated conditions of work, which include:
- Working hours not exceeding 3 hours at a stretch, followed by at least a one-hour rest.
- No work between 7 PM and 8 AM.
- No overtime.
- Weekly holidays must be provided.
These salient features ensure that if a child is working in a permissible job, the work does not hinder their health, development, or education.
Penalties and Enforcement
To strengthen compliance, the Act provides stringent penalties:
- Employers hiring children in prohibited occupations may face 3 months to 2 years of imprisonment or fines between ₹10,000 and ₹20,000, or both.
- Repeat offenders may be subject to more severe punishment.
One of the newer salient features under the 2016 amendment is that parents of working children are not punished, recognizing the socio-economic compulsion many families face.
The District Magistrate has been assigned as the nodal officer for enforcement, with powers to conduct inspections and prosecute offenders.
Role of Education
The Act complements Article 21-A of the Indian Constitution, which guarantees the Right to Free and Compulsory Education for all children between the ages of 6 and 14 years.
One of the critical salient features is that children are only allowed to help in family enterprises after school hours, provided it does not affect their studies or involve hazardous work.
Rehabilitation of Rescued Children
Another notable salient feature of the Act is the Child and Adolescent Labour Rehabilitation Fund, created under the 2016 amendment. It ensures that:
- The employer must deposit a fine of ₹15,000, which is used for the welfare of the rescued child.
- The child is entitled to receive this amount with interest once they turn 18.
Alignment with International Conventions
India is a signatory to various international conventions like the ILO Convention No. 138 (Minimum Age) and ILO Convention No. 182 (Worst Forms of Child Labour). The salient features of the Act align Indian labour laws with global standards, reinforcing child rights at an international level.
Summary of Salient Features of the Child Labour Act, 1986
- Prohibits employment of children below 14 in hazardous occupations.
- Regulates working hours and conditions in non-hazardous work.
- Introduces stricter penalties for employers.
- Establishes rehabilitation mechanisms for rescued children.
- Recognizes the need for education and social security for working children.
- Aligns with international child rights conventions.
Conclusion
The salient features of the Child Labour (Prohibition and Regulation) Act, 1986 demonstrate a robust legal framework aimed at eradicating child labour and protecting the rights of children. While challenges in enforcement remain, the law reflects a progressive step towards a safer, equitable society. It is crucial for all stakeholders—government, employers, and civil society—to uphold the spirit of the Act and create a child-friendly environment across all sectors.
