Child Labour and the Child Labour (Prohibition and Regulation) Act, 1986
The Government of India enacted the Child Labour (Prohibition and Regulation) Act, 1986, to address the exploitation of children through labour. The Act seeks to:
- Prohibit the employment of children in certain hazardous occupations and processes.
- Regulate working conditions for children in occupations where child labour is not prohibited.
Over time, the Act has been amended to align with the right to education and international conventions. The most significant amendment came in 2016, when the law was made more stringent, introducing a complete ban on employment of children under 14 years in any occupation or process.
Definitions Under the Act
Child
The law defines a child as a person who has not completed 14 years of age.
Adolescent
An adolescent is a person who is between 14 and 18 years of age. The 2016 amendment introduced this new category to address hazardous work among teenagers.
Key Provisions of the Act (Including 2016 Amendment)
Ban on Employment of Children
- The Act completely prohibits the employment of children below 14 years in any occupation or process, whether hazardous or not.
- Exception: The law allows children to help in family enterprises (non-hazardous and outside school hours or during vacations) and in the entertainment industry, subject to safety conditions and schooling.
Regulation of Adolescent Labour
- Adolescents (14–18 years) are prohibited from working in hazardous occupations or processes as listed in the rules.
- However, adolescents can be employed in non-hazardous work, subject to safety regulations and working hour restrictions.
Hazardous Occupations/Processes
The list of hazardous work includes:
- Mining
- Explosives manufacturing
- Chemical processing
- Construction of railway tracks
- Slaughterhouses
- And also Industries involving exposure to toxic substances
The government reviews and notifies this list periodically.
Working Hours and Conditions
Children can work in non-prohibited family enterprises or creative fields.
- Work must not affect school attendance.
- Children can’t work more than 3 hours at a stretch and must have a rest period of at least 1 hour.
- Total working time must not exceed 6 hours a day, including rest.
- No work between 7 p.m. and 8 a.m.
- The law does not allow overtime.
Penalties for Violations
The Act imposes strict penalties on those employing children illegally:
| Violation | Penalty |
|---|---|
| Employing a child under 14 years | Imprisonment: 6 months to 2 years or fine up to ₹50,000 or both |
| Repeat offence | Imprisonment: 1 to 3 years |
| Employing adolescents in hazardous work | Same as above |
| Parents/guardians | Not penalized unless repeat offenders or knowingly involved |
In addition, the government mandates the rehabilitation of rescued children through schemes like the Child Labour Rehabilitation-cum-Welfare Fund.
Related Laws and Provisions
The Act works in coordination with:
- Right of Children to Free and Compulsory Education Act, 2009 – Makes education free and compulsory for children between 6–14 years, reinforcing the ban on child labour.
- The Factories Act, 1948 – Prohibits employment of children below 14 years in factories.
- The Juvenile Justice (Care and Protection of Children) Act, 2015 – Treats child labour as a form of exploitation and abuse.
- Indian Penal Code (IPC) – Contains provisions to penalize cruelty and exploitation of children.
Constitutional Backing
The Indian Constitution strongly discourages child labour:
- Article 24: Prohibits employment of children in hazardous jobs.
- Article 39(e): Directs the State to ensure that no one abuses children and that the State protects childhood.
- Article 21A: Guarantees the right to free and compulsory education.
Recent Measures & Government Initiatives
- PENCIL Portal (Platform for Effective Enforcement for No Child Labour): For complaint registration, tracking, and coordination.
- National Child Labour Project (NCLP): Provides education and vocational training to rescued child workers.
- Public awareness campaigns and school enrollment drives to reduce child labour at grassroots.
