Sandhya G, 3yr LL.

LABOUR LAW II

TOPIC: A CRITICAL STUDY ON THE PROVISIONS RELATING TO PROHIBITION OF

CHILD LABOUR IN CERTAIN ESTABLISHMENTS PROCESSES

SYNOPSIS

- Introduction
- Meaning of Child and Child Labour
- Constitutional Provisions for child protection
- The Child and adolescent labour (prohibition and regulations) Act, 1986
(amendment 2016)
Key provisions of the Act
o Prohibition of employment
o Working conditions for Adolescents
- Exceptions to the prohibition
- Penalities for violation
- National Child Labour Project (NCLP)
- International obligations - ILO
- Judicial interpretations and case laws
- Conclusion

Introduction
Child labour has long been a social and economic issue in India, where children are often
forced into hazardous work environments that hinder their physical, mental, and
educational development. To address this issue, India has enacted several laws aimed at
protecting children from exploitation and regulating their employment. The Child
Labour (Prohibition and Regulation) Act, 1986, and its subsequent amendment through
the Child and Adolescent Labour (Prohibition and Regulation) Act, 2016, are central to
these efforts.
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These laws specifically prohibit the employment of children below the age of 14 in
hazardous occupations and processes, such as mining, manufacturing, and construction.
They also introduce restrictions for adolescents (aged 14–18), ensuring that they are not
employed in dangerous work environments. Alongside this, the Constitution of India,
under Article 24, explicitly bans child labour in hazardous industries, while Article 39(e)
directs the state to safeguard children from exploitation.
The legal framework for child labour prohibition is designed not only to protect children
from exploitation but also to encourage education, as enshrined under Article 21A of the
Constitution. Through this legislative framework, India seeks to address the root causes of
child labour and uphold the rights of children to education, health, and a safe working
environment.

Meaning and Definition:

Child - A child is legally defined as any individual below a certain age, typically under 14
or 18 years, depending on the context and laws in place. In India, under the Child Labour
(Prohibition and Regulation) Act, 1986, a child refers to any person below the age of 14
years. For specific legal protections, like the prohibition of hazardous work under the
Child and Adolescent Labour (Prohibition and Regulation) Act, 2016, a child refers to
those under 14, and adolescents are considered between the ages of 14 and 18.

Child labour - Child labour refers to the employment of children in any work that
deprives them of their childhood, interferes with their ability to attend regular school,
and is mentally, physically, socially, or morally harmful. Under Indian law, child labour is
defined as the employment of children under the age of 14 in any occupation, and the
employment of adolescents (14-18 years) in hazardous work is also prohibited. Child
labour laws aim to protect children from exploitation and ensure their right to education
and a safe childhood.
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Constitutional Provisions for child protection

The Constitution of India provides several provisions to protect the rights and welfare of
children, ensuring their safety, education, and overall development and promoting their
right to education and a dignified life. Key constitutional provisions related to child
protection include:

1. Article 21A – Right to Education

o This article mandates free and compulsory education for all children
between the ages of 6 and 14 years. It ensures that every child has access to
basic education, which is crucial for their development and protection
against exploitation.
2. Article 24 – Prohibition of Child Labour
o Article 24 prohibits the employment of children below the age of 14 years
in factories, mines, and other hazardous occupations. This provision
directly protects children from exploitation in dangerous work
environments.
3. Article 39(e) – Protection from Abuse and Exploitation
o Under the Directive Principles of State Policy, Article 39(e) directs the
state to ensure that children are not forced by economic necessity to enter
vocations that are unsuited to their age or strength, thus preventing child
exploitation.
4. Article 39(f) – Protection of Childhood
o Article 39(f) emphasizes that children should be given opportunities and
facilities to develop in a healthy manner, with freedom and dignity. It also
ensures that childhood and youth are protected against exploitation and
moral or material abandonment.
5. Article 45 – Early Childhood Care and Education
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o Article 45 mandates the state to provide early childhood care and education
for all children until they complete the age of six years, focusing on the
welfare of young children.
6. Article 47 – Duty of the State to Raise the Level of Nutrition and Standard of
Living
o While this article focuses on public health and living standards, it
indirectly protects children by ensuring that they grow up in an
environment with adequate nutrition and health services.

The Child and adolescent labour (prohibition and regulations) Act, 1986 (amendment 2016)
The Child Labour (Prohibition and Regulation) Act, 1986, was originally enacted to prohibit
the employment of children below 14 years in certain occupations and regulate working
conditions for children in non-hazardous industries. To further strengthen the protection
of children and align with international standards, the Act was amended in 2016, and it
became known as the Child and Adolescent Labour (Prohibition and Regulation) Act,
1986.

 Provisions and changes introduced by the 2016 amendment:

1. Prohibition of Employment for Children (Under 14 Years)

 The Act completely prohibits the employment of children below 14 years
in any occupation or process, including in family businesses or enterprises.
 An exception is made for children working in family-owned businesses or
as artists in the entertainment industry (except for hazardous activities),
provided it does not affect their education.
 The goal is to prevent child labour while promoting education for children
under the Right to Education Act, 2009, which mandates free and
compulsory education for children aged 6 to 14 years.
2. Prohibition of Employment for Adolescents (14-18 Years) in Hazardous Occupations
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 The 2016 amendment introduced a new category called adolescents,

covering those aged between 14 and 18 years.
 Adolescents are prohibited from working in hazardous occupations and
processes, such as mining, explosives manufacturing, and chemical
factories.
 However, they are allowed to work in non-hazardous industries, provided
the working conditions are regulated.
3. Hazardous Occupations and Processes
 The Act specifies a list of hazardous occupations and processes where the
employment of both children and adolescents is prohibited.
 This list includes dangerous industries such as mining, factories involving
chemical manufacturing, and certain construction work.
 The government retains the authority to amend the list of hazardous
occupations as needed.
4. Penalties for Violations
 The amendment introduced stringent penalties for those employing
children in prohibited sectors:
o Employers found guilty of violating child labour laws can face
imprisonment of 6 months to 2 years and/or fines ranging from
₹20,000 to ₹50,000.
o Repeat offenders can face imprisonment for a minimum of 1 year,
which may extend to 3 years.
 Parents or guardians are exempt from punishment for the first offense, but
penalties may apply for repeat violations.
5. Rehabilitation of Rescued Child Labourers
 The Act provides for the establishment of a Child and Adolescent Labour
Rehabilitation Fund.
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 Any fine imposed on an employer for violating the law is credited to this
fund, which is used for the rehabilitation and education of rescued child
labourers.
 The government is responsible for setting up and managing the
rehabilitation and welfare programs for rescued children.
6. Monitoring and Enforcement
 The Act mandates the creation of a Child Labour Technical Advisory
Committee to monitor the implementation of the law and suggest
amendments to the list of hazardous occupations.
 Labour Inspectors and other authorities are tasked with inspecting
workplaces and ensuring compliance with the law.
7. Working Hours
 Adolescents cannot work for more than 6 hours a day, including the time
spent on rest and meals.
 Continuous work is restricted; they must be given a 1-hour break after 3
hours of work.
Prohibition of Night Work
Adolescents are prohibited from working during night hours. They can only work
between 8 a.m. and 7 p.m., ensuring adequate rest and protection from night-time
hazards.
Impact of the Amendment
The 2016 amendment significantly strengthened the protection of children and
adolescents by:
 Expanding the definition of child labour to cover adolescents and banning
their employment in hazardous industries.
 Aligning India’s child labour laws with international standards, such as the
International Labour Organization (ILO) conventions.
 Ensuring stricter penalties and improved rehabilitation measures for
rescued children.
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Exceptions to the prohibition

While the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
(Amendment 2016) imposes strict prohibitions on child and adolescent labour, there are
certain exceptions where children and adolescents are allowed to work, provided specific
conditions are met. These exceptions are designed to balance cultural practices,
education, and family needs without compromising child welfare.
1. Children Working in Family Enterprises
 Children under the age of 14 are allowed to assist their family in non-hazardous
occupations and processes after school hours or during vacations. This exception is
meant for family-run businesses, such as agriculture, artisanship, or other non-
hazardous activities.
o Condition: The child’s participation must not interfere with their education
or overall development. They cannot work in hazardous occupations even
within family-run enterprises.
2. Children in the Entertainment Industry
 Children below 14 years can work in the entertainment industry (movies, TV
shows, sports activities, or advertising), provided their education is not disrupted
and their safety is guaranteed.
o Condition: This exception applies as long as it does not involve hazardous
activities and there are adequate safeguards to ensure the physical, mental,
and emotional well-being of the child.
o The work must also be done in compliance with guidelines set by the
government to prevent exploitation or abuse.
3. Adolescents in Non-Hazardous Occupations
 Adolescents aged 14-18 years are allowed to work in non-hazardous occupations
and processes.
o Condition: They are strictly prohibited from working in hazardous
industries like mining, chemical factories, or any other occupation
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classified as dangerous by the government. The employment must follow

the regulated working conditions (e.g., working hours, breaks, no night
shifts) to protect adolescents from exploitation.
4. Working as an Artist in Cultural Activities
 Children are permitted to participate in cultural, artistic, and sporting activities
where their involvement is brief and does not interfere with their education.
o Condition: Such activities must follow proper safety guidelines, ensuring
that the child’s health, education, and moral development are protected.
5. Rehabilitation Programs
 In cases where children have been rescued from hazardous labour, the law
provides for their rehabilitation through the National Child Labour Project
(NCLP). These programs are designed to reintegrate children into mainstream
education and ensure their safety and development.
Conditions for Applying the Exceptions
 These exceptions are strictly conditional on:
o Ensuring that the child’s right to education is not compromised.
o Guaranteeing a safe and non-hazardous work environment.
o Ensuring that the child’s participation is voluntary and does not lead to
exploitation or coercion.

Penalties for violation

The 2016 amendment to the Child and Adolescent Labour (Prohibition and Regulation)
Act, 1986 introduced stricter penalties for individuals and businesses that violate the
provisions of the law. These penalties aim to deter the employment of children and
adolescents in hazardous occupations and ensure compliance with the regulations. Below
are the penalties for violations under the Act:
1. Employment of Children (Under 14 Years) in Any Occupation
 First Offense:
o Imprisonment: Minimum of 6 months and up to 2 years.
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o Fine: Not less than ₹20,000 and may go up to ₹50,000.

o The employer may face either or both imprisonment and fines.
 Subsequent Offense:
o Imprisonment: Minimum of 1 year, extendable up to 3 years.
o The penalties are stricter for repeat offenses to prevent habitual violation of
child labour laws.
2. Employment of Adolescents (14-18 Years) in Hazardous Occupations
 First Offense:
o Imprisonment: Minimum of 6 months and up to 2 years.
o Fine: Ranges from ₹20,000 to ₹50,000.
o The employer may face both imprisonment and a fine, depending on the
severity of the violation.
 Subsequent Offense:
o Imprisonment: Minimum of 1 year, extendable up to 3 years for repeated
violations.
3. Violation of Working Conditions for Adolescents
 If an employer is found violating the working conditions set for adolescents (e.g.,
hours of work, night work prohibition, safety regulations), the penalties include:
o Imprisonment: Up to 6 months.
o Fine: Up to ₹10,000.
4. Penalties for Parents/Guardians
 First Offense: No penalty is imposed on parents or guardians for the first offense if
they are found employing children in non-hazardous family enterprises or
allowing children to work in certain circumstances (like family work or
entertainment).
 Subsequent Offense:
o Fine: Up to ₹10,000.
o In repeat cases, parents or guardians may face a fine if they fail to comply
with the law.
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5. Penalties for Violating Registration Requirements

 Employers who fail to register their establishments where adolescents are
employed can face:
o Imprisonment: Up to 1 month.
o Fine: Up to ₹10,000.
o This ensures that adolescent labour is properly regulated and monitored.
6. Rehabilitation Measures
 Any fine imposed on employers for violating the provisions related to child and
adolescent labour is directed towards the Child and Adolescent Labour
Rehabilitation Fund. This fund is used for the rehabilitation and welfare of
rescued child labourers, helping them reintegrate into society through education
and other welfare programs.
7. Legal Proceedings
 The law provides for summary trials, meaning that cases of child labour violations
are handled quickly to ensure swift justice.
 Special Labour Inspectors and enforcement officers are appointed to investigate
and take action against violations of the Act.

National Child Labour Project (NCLP)

The National Child Labour Project (NCLP) is an initiative by the Government of India
aimed at the rehabilitation and welfare of child labourers. Established in 1988, the NCLP
focuses on withdrawing children from hazardous occupations and providing them with
education and vocational training to facilitate their reintegration into mainstream society.
Below are the key aspects of the NCLP:
1. Objectives of NCLP
 Elimination of Child Labour: The primary goal is to eliminate child labour,
particularly in hazardous occupations, and to provide an environment that ensures
children's rights to education and development.
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 Rehabilitation: The NCLP aims to rehabilitate child labourers through various

interventions that include education, skill development, and health care.
 Awareness and Advocacy: The project promotes awareness among parents and
communities about the negative impacts of child labour and the importance of
education for children.
2. Key Features of the NCLP
 Formal Education: Child labourers are enrolled in special schools that cater to
their educational needs, providing them with non-formal education or bridge
courses to help them catch up on their studies.
 Vocational Training: The NCLP provides vocational training to older children to
equip them with skills that can help them secure decent employment in the
future.
 Health Care and Nutrition: Regular health check-ups, nutritional support, and
medical care are provided to ensure the physical well-being of children enrolled in
the program.
 Counseling and Support: The project includes counseling services for children and
their families to address issues related to child labour and to provide emotional
and psychological support.
3. Implementation Structure
 The NCLP is implemented through a decentralized approach, involving state
governments and local authorities to design and execute programs tailored to the
specific needs of the communities.
 Child Labour Rehabilitation Centres (CLRCs) are set up to coordinate the efforts
of various stakeholders, including government agencies, non-governmental
organizations (NGOs), and community-based organizations.
 The project is monitored by the Ministry of Labour and Employment, which
oversees its implementation and evaluates its impact.
4. Target Beneficiaries
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 The NCLP primarily targets children aged 5 to 14 years who are engaged in
hazardous occupations.
 It also focuses on children from marginalized and economically disadvantaged
communities who are more vulnerable to exploitation.
5. Funding and Resources
 The NCLP is funded by the Government of India, with financial assistance
provided to states for implementing various programs and initiatives.
 Additional resources may come from international organizations and NGOs that
partner with the government to support child welfare initiatives.
6. Achievements and Impact
 The NCLP has been successful in withdrawing a significant number of children
from hazardous labour and enrolling them in schools.
 The project has raised awareness about child labour issues and has mobilized
communities to take action against exploitation.
 Many children have benefited from vocational training programs, improving their
prospects for decent employment.
7. Challenges
 Despite its successes, the NCLP faces challenges such as:
o Continued prevalence of child labour in certain sectors, particularly in
rural areas.
o Insufficient resources and infrastructure to reach all children in need of
rehabilitation.
o Social and economic factors that perpetuate child labour, such as poverty
and lack of access to education.

International obligations - ILO

The International Labour Organization (ILO) is a specialized agency of the United

Nations that sets international labor standards and promotes social justice and fair labor
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practices worldwide. The ILO has a strong focus on eliminating child labour and
protecting children’s rights in the workplace.Here’s a brief overview:

1. Fundamental Conventions:
o ILO Convention No. 138 (1973): Establishes a minimum age for
employment, typically not below 15 years, to prevent children from
working in hazardous conditions.
o ILO Convention No. 182 (1999): Focuses on eliminating the worst forms of
child labour, such as slavery and hazardous work, mandating immediate
action from member states.
2. Recommendations:
o ILO Recommendation No. 190 (1999) provides guidelines for implementing
the worst forms of child labour convention, promoting strategies for
prevention and rehabilitation.
3. Monitoring Mechanisms:
o The Committee of Experts reviews member states' compliance with
conventions, providing feedback and recommendations.
4. Technical Assistance:
o The ILO offers technical support and capacity-building programs to help
countries develop effective policies against child labour.
5. Promoting Education and Social Protection:
o Advocates for free, compulsory education and social protection measures to
reduce the economic need for child labour.
6. Global Initiatives:
o Engages in global action plans and promotes awareness through events like
the World Day Against Child Labour, encouraging collective action to
combat child exploitation.

Judicial Interpretation and Case Laws:

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M.C. Mehta v. State of Tamil Nadu (1996) 1

The Supreme Court addressed the issue of child labour in the matchbox
manufacturing industry in Tamil Nadu. The Court ordered the government to take
effective steps to eliminate child labour in hazardous industries and emphasized
the need for proper implementation of laws prohibiting child labour. This
judgment highlighted the constitutional mandate for the right to education and
the welfare of children.

People’s Union for Democratic Rights v. Union of India (1982) 2

This landmark case recognized the right to life and personal liberty under Article
21 of the Indian Constitution. The Supreme Court emphasized that child labour
violates the fundamental rights of children and directed the government to take
necessary steps to ensure the elimination of child labour, especially in hazardous
industries. The judgment reinforced the need for a comprehensive approach to
protect children from exploitation.

Bandhua Mukti Morcha v. Union of India (1984) 3

The Supreme Court examined the issue of bonded labour and the exploitation of
children in such contexts. The Court ruled that child labour, particularly in
bonded labour situations, is a violation of fundamental rights. It mandated the
need for rehabilitation of child labourers and directed the government to
implement effective measures for their protection.

Ravindra Kumar v. State of U.P. (2007) 4

This case involved the unlawful employment of children in hazardous
occupations. The Supreme Court reiterated the provisions of the Child Labour
(Prohibition and Regulation) Act, 1986, and held that the employment of children
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below 14 years in hazardous processes is illegal. The Court directed the state to
ensure strict implementation of laws prohibiting child labour.

Laxmi v. Union of India (2008) 5

In this case, the Delhi High Court addressed the employment of children in
hazardous work environments. The Court ordered immediate action against
employers who employed children in contravention of the Child Labour
(Prohibition and Regulation) Act, 1986, and emphasized the need for effective
monitoring and enforcement of child labour laws.

Rajasthan State v. Mohd. Iqbal (2009) 6

The Supreme Court dealt with the issue of child labour in the context of the right
to education. The Court held that children have the right to free and compulsory
education under Article 21A of the Constitution. It emphasized that laws
prohibiting child labour must be effectively enforced to ensure that children can
access education instead of being forced to work.

Bachpan Bachao Andolan v. Union of India (2012) 7

In this significant judgment, the Supreme Court directed the government to take
proactive measures for the elimination of child labour and to ensure the
rehabilitation of children rescued from exploitative situations. The Court
mandated a comprehensive approach involving education, health, and welfare for
child labourers.

Conclusion

The provisions relating to the prohibition of child labour in certain establishments and
processes in India reflect a strong commitment to safeguarding the rights and well-being
of children. The legislative framework, including the Child and Adolescent Labour
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(Prohibition and Regulation) Act, 1986 (amended in 2016), is designed to eliminate child
labour and protect minors from exploitation, particularly in hazardous industries.
The critical study of these provisions highlights both progress and challenges. While
significant strides have been made in recognizing children's rights and addressing the root
causes of child labour, effective implementation remains a critical concern. Judicial
interventions have played a pivotal role in reinforcing these laws and ensuring
accountability. Landmark judgments from the Supreme Court and High Courts emphasize
the necessity for strict enforcement, rehabilitation of affected children, and the
promotion of education as a fundamental right.
Moreover, the involvement of various stakeholders, including government bodies, non-
governmental organizations, and the community, is essential for creating a holistic
approach to eradicating child labour. Public awareness and education about the rights of
children are crucial in fostering a society that values and protects its youngest members.
Ultimately, the ongoing efforts to combat child labour must be sustained and
strengthened, ensuring that every child has the opportunity to enjoy a safe, healthy, and
fulfilling childhood, free from exploitation. By addressing systemic issues and enhancing
the enforcement of existing laws, India can move closer to achieving the goals of child
protection and welfare, aligning with international standards and obligations.

END NOTES

1. M.C. Mehta v. State of Tamil Nadu, (1996) 6 SCC 756

2. People’s Union for Democratic Rights v. Union of India,AIR 1982 SC 1473
3. Bandhua Mukti Morcha v. Union of India,AIR 1984 SC 802
4. Ravindra Kumar v. State of U.P., (2007) 2 SCC 402
5. Laxmi v. Union of India,WP (C) 1458 of 2008
6. Rajasthan State v. Mohd. Iqbal, (2009) 6 SCC 603
7. Bachpan Bachao Andolan v. Union of India, (2012) 5 SCC 1
8. Mark D. Smith, Child Labour: A Global View, ABC-CLIO, California, 1 st Edition, 2009
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9. A. K. Jain, Labour Law in India, Ratan Prakashan Mandir, Agra, 3rd Edition, 2019
10. Prashant Kumar, The Law of Child Labour, Universal Law Publishing, New Delhi, 1 st
Edition, 2016
11. Ministry of Labour and Employment, Government of India, India, available at
https://labour.gov.in/labour-welfare (last visited on October 18th, 2024

12. Child Rights and You (CRY), India, available at https://www.cry.org/ (last visited on
October 18th, 2024
13. Rajesh Kumar, “A Critical Examination of the Legal Framework”, Vol 58, Indian
Journal of Labour Economics, Page no. 217-232 (2015)
14. Neha Singh, “The Prohibition of Child Labour: An Analysis of the Legal Framework
in India”, Volume 60, Journal of Indian Law Institute, Pages 185-207 (2018)