Key concept in:
Lecture 17- Child Labour (Prohibition and Regulation) Amendment Act, 2016
Objectives of the Act
Prohibit the engagement of
children
Regulate engagement of
adolescents
Prohibit the engagement of
adolescents in hazardous
occupations and processes
Rights of Child and the Indian Constitution
Article 21 A- The Right to Education Act (RTE) Act aims to provide primary
education to all children aged 6 to 14 years.
Article 24 of Indian Constitution says Prohibition of employment of children in
factories, etc.
Article 39(e) of the Constitution protects children from any kind of abuse or forced
employment which is not suitable for their age and ability.
Article 39 (f)- The children are provided with equal opportunities, facilities,
freedom, dignity, and protection under Article 39 (f) of the Indian Constitution.
Article 45- Article 45 of the Constitution ensures early childhood care and
education to the children until the age of 6 years.
Meaning of ‘child’ and ‘adolescent’
'Child' a person who has not completed his
14 years of age.
a person who has completed his 14 year of
“Adolescent” age but has not completed his 18 year of
age.
Prohibition of child Labour
• No child shall be permitted
to be employed to work in
any establishment,
occupation or process which
means child should not be
employed to work
anywhere.
Certain places where child is allowed to work
According to the new amendment (2016),
child is allowed to work at certain places
mentioned below.
• (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 subject to such
conditions and safety measures
The Child Labour (Prohibition and Regulation) Amendment Act,
2016 permit employment of adolescent labour except in
hazardous processes or occupation.
• The number of hazardous occupations and processes has been reduced
from 83 to only 3.
• No adolescent shall be employed or permitted to work in any of the
hazardous occupations or processes set forth in the Schedule:
THE SCHEDULE
• (1) Mines.
• (2) Inflammable substances or explosives.
• (3) Hazardous process.
• For the purposes of this Schedule, “hazardous process” has the meaning assigned to it in
clause (cb) of the Factories Act, 1948.’
Prohibition of Employment of children in Certain Occupation
and Processes
• No child shall be employed or permitted to work in any of the occupations set
forth in Part A of the Schedule of the act or in any workshop wherein any of the
processes set forth in Part B of the Schedule of the Act is carried on;
• Provided that nothing in this section shall apply to any workshop wherein any
process is carried on by the occupier with the aid of his family or to any school
established by, or receiving assistance or recognition from, Government.
Power to amend the Schedule.
• The Central Government, after giving by notification in the Official Gazette, not
less than three months' notice of its intention so to do, may, by like notification,
add any occupation or process to the Schedule and there upon the Schedule
shall be deemed to have been amended accordingly.
Regulation of conditions of work of children
Hours and period of work (adolescent only)
• The period of work on each day shall be so fixed that no period shall
exceed three hours and that no adolescent shall work for more than
three hours before he has had an interval for rest for at least one hour.
• Shall not be spread over more than six hours, including the time
spent in waiting for work on any day.
• Not permitted or required to work between 7 p.m. and 8 a.m.
• Not required or permitted to work overtime.
• Not required or permitted to work in, any establishment on any day on
which he has already been working in another establishment.
Regulation of conditions of work of children
Hours and period of work (adolescent only)
• The period of work on each day shall be so fixed that no
period shall exceed three hours and that no adolescent
shall work for more than three hours before he has had an
interval for rest for at least one hour.
• Shall not be spread over more than six hours, including the
time spent in waiting for work on any day.
• Not permitted or required to work between 7 p.m. and 8
a.m.
• Not required or permitted to work overtime.
• Not required or permitted to work in, any establishment on
any day on which he has already been working in another
establishment.
Comparing provision of Factories Act, 1948 and Child Labour (Prohibition and
Regulation) Amendment Act, 2016 with respect to Adolescent employment
Factories Act, 1948 Child Labour (Prohibition and Regulation)
Amendment Act, 2016
Adolescents Over 15 but below Over 14 but below 18 years of age
18 years of age
Spread over time 4.5 Hours (for Child 6 Hours with Rest interval of 1 Hour
(14-15 years)
Full day (for
Adolescent)
Not permitted to 10 pm to 6 am 7pm to 8am
work
Overtime Permitted Not permitted
Regulation of conditions of work of children
Weekly holidays
(adolescent only)
• Every adolescent employed in
establishment should be allowed
to have a holiday for a whole day
once in a week.
Penalties
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 Rs. 20,000/- but
which may extend to Rs. 50,000/- , or with both.
In case, the offender is a parent, it provides a relaxed
penal provision and proposes a fine of Rs.10,000 for repeat
offence committed by parent.
Child Labour Technical Advisory Committee
• Advise the Central Government for
the purpose of addition of
occupations and processes to the
Schedule.
• Consist of a Chairman and such
other members not exceeding ten,
as may be appointed by the Central
Government.
Notice to Inspector
Every employer who
employed adolescent at his
establishment should
intimate to the inspector
appointed by the government
within 30 days from date of
employment of child.
Ministry of Labour and Employment a total of 7,08,344
inspections through out the country have been carried
out during last three years (2014 to 2016), out of which,
6,920 prosecutions and 2,200 convictions have been
made
Healthy and Safety (adolescent )
Appropriate government
is having power to make
rules on the matters for
the health and safety of
the children employed or
permitted to work in any
establishment or class of
establishments.
Penalties
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 Rs. 20,000/-
but which may extend to Rs. 50,000/- , or with
both.
In case, the offender is a parent, it provides a
relaxed penal provision and proposes a fine of
Rs.10,000 for repeat offence committed by parent.
Constitution of Child and Adolescent Labour
Rehabilitation Fund
The appropriate Government shall constitute a Fund in every district or for two or
more districts.
The amount of the fine realized from the employer of the child and adolescent,
within the jurisdiction of such district or districts, shall be credited in the fund.
The appropriate Government shall credit an amount of Rs. 15000/- to the Fund for
each child or adolescent for whom the fine amount has been credited.
Shall be paid to the child or adolescent in whose favour such amount is credited, in
such manner as may be prescribed.
This Fund is managed by a Bank. Any interest on the money in the bank, will go to
the child.
Relevant SDG Targets related to Child Labour
SDG 8.7
• Take immediate and effective measures to eradicate forced labour, end
modern slavery and human trafficking and secure the prohibition and
elimination of the worst forms of child labour, including recruitment and
use of child soldiers, and by 2025 end child labour in all its forms.
SDG 16.2
• End abuse, exploitation, trafficking and all forms of violence and torture
against children
UN International Year for Elimination of Child Labour-
World Day Against Child Labour is an International Labour Organization-first
launched in 2002 aiming to raise awareness and activism to prevent child labour
Must read for
today:
https://indiacsr.in/child-labour-
is-a-complex-problem-that-
violates-the-fundamental-
rights-of-children/
Next Lecture 17-
International
Labour
Organisation
