The Evolution of Child Labour

(Prohibition & Regulation)

Child Labour in India The proposed change in Act, 1986
the law
In 1979, the Indian
In May this year, the Union Government decided on bringing an government formed the
amendment to the existing legal framework dealing with child labour in
Gurupadswamy Committee to
the country, the initiative was cosponsored by Bachpan Bachao Andolan
to usher in a new era in the field of child rights in India. find about child labour and
means to tackle it. The Child
It needs to be mentioned here that this changes are still in the form of a Labour Prohibition and
proposal only, cleared by the cabinet and yet to be brought in the form Regulation Act was enacted
of a draft bill.
based on the
However, the proposed changes in the law have evoked a mixed recommendations of the
response. The amendment allows children below 14 years to work in committee in 1986. A National
certain non-hazardous settings family-owned enterprises and the Policy on Child Labour was
entertainment industry. Also, while the previous Child Labour formulated in 1987 to focus on
(Prohibition and Regulation) Amendment Bill, 2012 (lapsed with the
rehabilitating children working
dissolution of the previous Lok Sabha) banned employment of children
below 14 in only 18 hazardous industries. The present amendment in hazardous occupations. The
completely bans children (below 18) from working in any hazardous Ministry of Labour and
industry. Employment had implemented
around 100 industry-specific
In addition, the Amendment stipulates stricter punishment for employers
National Child Labour Projects
violating these conditions. While a parent will not be penalised for the
first violation (parents can be penalized only for subsequent violation), an to rehabilitate the child
employer would be liable for punishment at the first instance. The workers since 1988.
penalty for employers has been increased from the existing Rs 20,000 to
Rs 50,000. A subsequent offence for employing any child or adolescent in It is to be mentioned in this
an illegal industry will result in a minimum imprisonment of a year, respect that Article 24 of
extendable up to three. Constitution of India prohibits
Child Labour. It says No Child
The prevalence of child labour in our society is so massive that it is barely
below the age of fourteen
noticeable to us how heavily children below 14 are exploited for labour in
India. Be it the pint-sized chaiwallahs at railway stations, shoe polishers years shall be employed to
on pavements, waiters, domestic workers, agricultural labourers work in any factory of mine or
working children are a common sight. The appalling reality is that many engaged in any other
children bear the burden of earning a livelihood and supporting their hazardous employment.
family. It is the only way they can survive and, perhaps, attain the Though it never prohibits the
rudiments of an education. Particularly vulnerable are children who are
child labour completely.
abandoned, runaways, on the streets, and not identified by the State to
belong to one of the two categories in Need of Care & Protection or in Various other laws such as
Conflict with the Law. Juvenile Justice (care and
protection) of children Act
Problems with the amendment 2000, Child Labour (Prohibition
and Abolition) Act 1986 and
Even the present amendment has not been beyond controversy,
some provision of IPC (Indian
especially the grey areas like the definition of hazardous while
employing an adolescent below 18 or the issue of addressing their right Penal Code) Prohibits Child
Labour.
 Proposed Amendments:

According to the amendment, children below the age of 14, cannot be employed
anywhere, except in non-hazardous family enterprises or the entertainment industry.
The latter includes working as an artist in an audio-visual entertainment industry,
advertisement, films, television serials or any such other entertainment or sports
activities, except the circus. The original child labour law banned employment of
children below 14 years of age in only 18 hazardous industries.
The amendments have also relaxed the penal provisions for parents or guardians, who
were earlier subjected to the same punishment as the employer of the child. However,
in case of parents being repeat offenders, they may be penalised with a monetary fine
up to Rs 10,000.
However, employers would be penalised even for the first offence:
In case of first offence, the penalty for employers has been increased up to two
and half times from the existing up to Rs 20 thousand to up to Rs 50,000 now and
imprisonment for a term not less than six months but which may extend to two
years.
In case of a second or subsequent offence of employing any child or adolescent in
contravention of the law, the minimum imprisonment would be one year which
may extend to three years.
Earlier, the penalty for second or subsequent offence of employing any child in
contravention of the law was imprisonment for a minimum term of six months
which may extend to two years.
A new definition of adolescent has also been introduced in the amendment and
employment of adolescents (14 to 18 years of age) has also been prohibited in
hazardous occupations and processes.
The proposal also provides for the setting up of a Child and Adolescent Labour
Rehabilitation Fund for one or more districts for rehabilitation of children or
adolescents rescued. Thus, the Act itself will provide for a fund to carry out
rehabilitation activities.
The bill also provides that the offence of employing any child or adolescent in
contravention of the Act by an employer will be cognizable, which allows police to
arrest without a warrant.

However, critics said that the amendments partially legitimise child labour. They question how
it would be ensured that the child is working in a non-hazardous family enterprise and that
he/she would be doing so only after school hours.

to education has been targeted by various sections of the society. Let us discus these points one by one.

a. The definition of hazardous

The problem with this Amendment is not that it allows children to work. It is more than that. First, In
India, it is extremely hard to empirically define what is hazardous and what is non-hazardous.
This Amendment also allows children to work in family business which is equally ambiguous and open
to misinterpretation. It is easy to use child labour in hazardous settings and argue that it is non-
hazardous. Industries work on the basis of procurement, production and supply. If a child works in the
supply side of a hazardous industry (selling), or on the production side (say, with heavy machinery) in a
non-hazardous industry how would it be tackled, unless the industry is explicitly defined as one of the
two?

Earlier, only 18 industries were defined as hazardous. Now, the definitions will need to be expanded to
all, with details and precision for each.

b. It does not adequately address education

This Amendment, in principle, goes against the Right of Children to Free and Compulsory Education Act,
2009, which mandates the state to ensure free and compulsory education to all children in the age
group of 6 to 14 years. If a child is allowed to legally work in a non-hazardous industry, would he or she
be able to meet all the demands of a school education? And what is the intervention if she does not? To
what limit can a child (below 14) be stretched, physically and mentally, between education and
employment? A condition set forth in this Amendment is that children should work only after school
hours or during vacations. But meeting this condition is easier in theory than in practice.

c. It sends out a negative message

While the Government believes that such an Amendment can protect children working in industries in
contravention to the law, it also does send out a very negative message. And that simply being, it is now
legally OK for children below 14 to be employed. In the last decade, India has seen a plummet in the
number of child labourers (from 12.6 million down to 4.3 million). This is believed to be because of
enrollment in schools. With this Amendment, education, while mandated can easily become an option
and not a compulsion, especially for girls, who because of social norms already demonstrate a high
dropout rate in schools.

Bachpan Bachao Andolan:

Bachpan Bachao Andolan (Also known as: Save Childhood Movement) is an India-based
movement campaigning for the rights of children. It was started in 1980 by Nobel Laureate Sri
Kailash Satyarthi. Its focus has centred on ending bonded labour, child labour and human
trafficking, as well as demanding the right to education for all children. It has so far freed
80,000 children from servitude, including bonded labourers, and helped in their successful re-
integration, rehabilitation and education.