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Child Labour (Prohibition and Regulation) Act - Facts for

UPSC
According to the International Labour Organisation, founded in 1919, there are more than
152 million children working in the world as child labourers. Out of this, around 10 million
child workers are found in India. Despite strict legislative rules and efforts, the engagement
of children in various occupations hasn’t stopped.

This topic is therefore important for students preparing for the IAS Exam and other
Government Exams. Child labour and the government’s efforts to stop the atrocities can
be linked to UPSC Social Issues and Indian Polity of the UPSC Syllabus.

Table of Contents:

What is Child Labour?

 Child Labour and India

Child Labour (Prohibition and Regulation) Act,1986

Child Labour (Prohibition and Regulation)

Amendment Act, 2016

Child Labour (Prohibition and Regulation)

Amendment Rules, 2017

What is Child Labour?

Child labour can be defined or explained as a practice where children are forced to
engage or employed in any sort of economically beneficial activity on a part-time or a
full-time basis. Children engaged in this are generally deprived of basic childhood
experiences such as schooling and are physically and mentally scarred.

The primary reasons leading to Child Labour can be traced to poverty, lack of decent
schooling and education and growth of the informal economy.

Child labour results in the victimised child being deprived of a healthy and nurturing
environment in which to grow. He/she also generally suffer physical and mental trauma
which can be scarring for life. Apart from not getting an education, the child is also
subjected to various kinds of abuse and this prevents him/her from blossoming into a
happy and healthy adult.

Child Labour and India

Child labour practice is a hindrance to the mental as well as physical development of

children as it deprives them of the most important phase of their life – their
childhood. Children of or below the age of 14 years are strictly prohibited from being
employed in hazardous occupations, as per the Child Labour (Prohibition and
Regulation) Act of 1986. The list of hazardous occupations is curated under the act itself.

Government initiatives include:

 S.No Year Government Initiatives

1 1979 The Gurupadswamy Committee

was established to study and
tackle the child labour issue.

2 1986 Child Labour (Prohibition and

Regulation) Act was enacted.

3 2016 Child Labour (Prohibition and

Regulation) Amendment Act
prohibits employment of children
below the age of 14 years.

4 2017 Child Labour (Prohibition and

Regulation) Amendment Rules –
broad framework against child
labour.

There are several operations that happen in India like Operation Smile, Operation
Muskaan wherein there are a lot of raids that happen in the unorganised sector,
manufacturing units and other factories.

India has a very strong system of dealing with rescued children in terms of rehabilitating
and repatriating them with the family with certain support to the family as well, to come
out of the poverty trap.

Child Labour (Prohibition and Regulation) Act, 1986

• The Child Labour (Prohibition and Regulation) Act of 1986 designates a child as a
person who has not completed their 14th year of age. It aims to regulate the hours
and the working conditions of child workers and to prohibit child workers from being
employed in hazardous industries.
Child Labour (Prohibition and Regulation) Amendment Act, 2016

• The raw act in the Constitution that was amended in the year 2016 can be stated
as:
• “An Act to prohibit the engagement of children in all occupations and to
prohibit the engagement of adolescents in hazardous occupations and
processes and the matters connected therewith or incidental thereto.”
• According to this amendment in the Act, the Government of India will
provide stricter punishments for employers who violate the Act.
• It will also make the employer employing any child or adolescent in contravention
of the Act cognizable.
• The Act also allows the government to bar the employment of adolescents that are
working in any hazardous conditions.

To know what other laws come under the Indian Penal Code, visit the linked article

Child Labour (Prohibition and Regulation) Amendment Rules,2017

The Government of India decided to make further amendments in the Act after extensive
consultation with the stakeholders. Provisions under the Child Labour (Prohibition and
Regulation) Amendment Rules are as follows:

• A broad and specific framework for prevention, prohibition, rescue and

rehabilitation of children and as well as adolescent workers.
• Clarity on issues related to family enterprises.
• Safeguards for creative workers or artists that have been permitted to work under
the Act, with respect to working hours and working conditions.
• Set of specific duties and responsibilities for law enforcement agencies to ensure
effective implementation and compliance of the Act.

Click the link to read about the National Child Labour Project Scheme.

S.No Before the After the Impact

amendment amendment

1 Complete Complete ban

Children below the
prohibition of that ensures all
age of 14 years will employment of children under
 children below the 14 years are in
be allowed to work
age of 14 school as per
in occupations the Right To
except for 18 Education Act.
occupations and 65
processes.

2 No help was Children allowed to This allows the

provided to children work only after working kids to
working after school school hours or learn their
hours who were during vacations traditional skills
below the age of 14 under the condition and also helps
yrs. that the occupations them build life
were hazardous. values such as a
sense of
discipline,
decision
making,
responsibility,
and so on.

3 Children below the Children below the This protects

age of 14 years will age of 14 years will the health and
be permitted to be allowed to work ensures
work in Family in Family children’s well
Business/occupation Business/Enterprises being. Children
both hazardous and only if they are non- could work in
non-hazardous. hazardous. their family
businesses only
if it is safe for
them.

4 Children will be able Children will be able This allows the

to work in family to work in family working
businesses even if it businesses even if it children to
didn’t belong to the didn’t belong to the learn their
child’s family. child’s family only if traditional skills
the occupation is and values of
non-hazardous. life.
5 Children above the Children between Protection of
age of 14 years 14-18 years are adolescent’s
didn’t have any categorised as health.
prohibitions on Adolescents and are
employment. not allowed to work
in hazardous
occupations.

6 Adolescents were Regulated working Adolescent

not provided with conditions for working in non-
any working adolescents working hazardous
regulations in non-hazardous occupations
regarding working occupations are in cannot be
hours and place. exploited.
conditions.

7 Schedule of 18 A child can’t work in There is a

occupations and 65 any occupation, so complete ban
processes ( called the list of prohibited on work and
certain occupations occupations has not just on the
& processes) been made infinite 18 occupations
applicable for a as there is a and 65
child; tells where a complete ban on processes.
child cannot work. employment.

8 No schedule of Schedule of Protection of

hazardous hazardous processes adolescents
occupations and and occupations health.
processes where an provided where an
adolescent cannot adolescent cannot
work. work.

9 No provision of The government can Enabling

providing a positive provide a positive list provision to
list of occupations of non-hazardous allow the
where an adolescent occupations where Government to
can work. an adolescent can restrict the
work and a child can employment of
assist. adolescents in
occupations
that are
 classified as
non-hazardous.

10 Contravention of It is a cognizable There is no

provisions non- offence. need of an
cognizable offence. approval of the
DM to take
action on the
FIR on violation
of the child
labour law.

11 No Officer District Magistrate Provision for

responsible for the or a subordinate laying specific
implementation of officer can be made responsibility
Act. responsible for on the
enforcement and designated
can be conferred Officer for
with such powers. violating the
provisions of
the Act – this
ensures better
enforcement.

12 No provision of Statutory provision

The statutory
rehabilitation fund for a child and
for rescued children. adolescent labour provision for a
rehabilitation fund rehabilitation
with contribution of fund will ensure
appropriate
that the
Government also
ensured for each child/adolescent
child rescued. is not only
rescued but
his/her future is
secured by the
amount
collected in the
fund. This
 amount can be
used for the
education and
welfare of the
rescued child.

Also, read about the National Skills Qualifications Framework (NSQF)

Aspirants can refer to the linked articles mentioned below which are similar to a topic,
‘child labour protection act:’

Juvenile Justice Act Samagra Sikhsha

Scheme

RSTV – Education Agenda Child Protection in

for New India India

Child Labour constitutes the following

• All forms of slavery or practices similar to slavery including but not limited to
the sale or trafficking of children, debt bondage, and forced or compulsory labor.
• It also means the forced or compulsory recruitment of children for use in armed
conflict.
• The use of a child for prostitution, for the production of pornography, or for
pornographic performances.
• The use of a child for illicit activities in particular for the production and trafficking
of drugs as defined in the relevant international treaties.
• It also includes work, by its nature or the circumstances in which it is carried out,
that is likely to harm the health, safety, and morals of children.

Child Labour does not include the following work

• It is also important to know that not all work done by children should be classified
as child labor targeted for elimination. In fact, children’s or adolescents’
 participation in work that does not affect their health and personal development
or interfere with their schooling, is generally regarded as being something positive.
• This includes activities such as helping their parents around the home, assisting in
a family business, or earning pocket money outside school hours and during
school holidays. These activities are in fact believed to contribute to children’s
development.

International Laws on Child Labour

• The UN Convention on the Rights of the Child, 1989: It contains the idea that
children are not just objects who belong to their parents and for whom decisions
are made or adults in training. Rather, they are human beings and individuals with
their own rights.
• The Convention considers that childhood is separate from adulthood, and
lasts until 18; it is a special, protected time, in which children must be
allowed to grow, learn, play, develop and flourish with dignity.
• The Convention became the most widely ratified human rights treaty in
history and has helped transform children’s lives.
• International Labour Organizations Conventions on the minimum age for
admission to the employment of the year 1973 (ILO convention 138) and on the
worst forms of child labour of the year 1999 (ILO convention 182).

UNICEF’s work against Child Labour in India

• UNICEF has also been working for a long against child labour in India.
• Most of its programs in India focus on children in specific types of work, for
example, cotton production in the states of Gujarat, Rajasthan, Maharashtra, Tamil
Nadu, Karnataka and Andhra Pradesh, metalwork and carpets in Uttar Pradesh
and tea gardens in Assam.
• These programs reach tens of thousands of children and their families in areas
with high levels of child labour.

The Child Labour (Prohibition and Regulation) Act:- Download PDF Here

UPSC Questions related to Child Labour

Q1

Q 1. What is an act to protect children from sexual offenses?

Ans. The act is called the POCSO Act which you can read about in the linked article.
Q2

Q 2. What is the main objective of the Child Labour Act?

Ans. The main objective of the Child Labour (Prohibition and Regulation) Act is to
regulate, prevent and protect underage children from being employed in hazardous
occupations and working conditions.

Q3

Q 3. When was the Child Labour Prevention Act amended?

Ans. The Child Labour (Prohibition and Regulation) Act,1986 was amended in the year
2016 and enacted as the Child Labour (Prohibition and Regulation) Amendment Act.

There are more articles and UPSC-related preparation materials to choose from with the
links given in the table below: