After its independence from colonial rule, India has passed a number of constitutional protections and laws on child labour. The Constitution of India in the Fundamental Rights and the Directive Principles of State Policy prohibits child labour below the age of 14 years in any factory or mine or castle or engaged in any other hazardous employment (Article 24). The constitution also envisioned that India shall, by 1960, provide infrastructure and resources for free and compulsory education to all children of the age six to 14 years. (Article 21-A & Article 45). India has a federal form of presidency, and labour being a topic within the Concurrent List, both the important and country governments can and feature legislated on Child labour.
The Mines Act 1952: this act prohibits the employment of children below the age of eighteen years in mines.
Factories Act,1948: The employment of children below the age of fourteen years of age are prohibited in the factory.
The Child Labour (Prohibition and regulation) Act 1986: Child means a person who has not completed his fourteenth year of age.
India formulated a National Policy on Child Labour in 1987. This Policy seeks to undertake a slow & sequential technique with a focus on rehabilitation of children operating in unsafe occupations. It envisioned strict enforcement of Indian legal guidelines on child labour mixed with improvement programs to cope with the root causes of child labour inclusive of poverty. In 1988, this caused the National Child Labour Project (NCLP) initiative. This felony and improvement initiative continues, with a current imperative government investment of Rs 6 billion, targeted totally to put off child labour in India. Despite these efforts, child labour remains a primary venture for India. No, child underneath age of 14 years will be hired to paintings in any factory or mine or engaged in any risky employment.
SECTION 3 of The Child Labour (Prohibition and regulation) Act,1986: Prohibition of employment of children in certain occupations and processes.- No child shall be employed or permitted to work in any of the occupations set forth in Part A of the Schedule or in any workshop wherein any of the processes set forth in Part B of the Schedule is carried on. However prohibition of employment of children is not applicable 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.
Whereas workshop as per act means premises (including the precincts thereof) wherein any industrial process is carried on but does not include any premises to which the provision of section 67 of the Factories Act,1948 for time being.
Occupier in relation to an establishment or workshop means the person who has the ultimate control over the affairs of the establishment or workshop as per the Child Labour (Prohibition and Regulation) Act,1986.
Day means a period of twenty four hours as per the Child Labour (Prohibition and Regulation) Act,1986.
Part III of The Child Labour (Prohibition and Regulation) Act,1986 contains section six to thirteen which deals with the regulation of working conditions of children.
SECTION 7 of The Child Labour (Prohibition and Regulation) Act,1986, states that no child shall be required or permitted to work in any establishment in excess of such number of hours as may be prescribed for such establishment or class of establishments.
The period of work on each day shall be so fixed that no period shall exceed three hours and that no child shall work for more than three hours before he has had a interval for rest for at least one hour. The period of work of child shall be so arranged that inclusive of his interval for rest, it shall not be spread over more than six hours, including the time spent in waiting for work on any day. This section also stipulates that:
- No child shall be permitted or required to work between 7 p.m. and 8 a.m.
- No child shall be permitted to work overtime.
- No child shall be required or permitted to work in any establishment on any day on which he has already working in another establishment
SECTION 8 of The Child Labour (Prohibition and Regulation) Act,1986, states every child employed in an establishment is entitled a one whole day holiday in each week. The day of holiday shall be specified by the occupier in a notice permanently. The day specified by the occupier shall not be altered more than once in three months.
SECTION 9 of the act provides that a written notice must be sent by the occupier to the inspector within thirty days in relation to an establishment who employs or permits to work any child from the date of such employment. The written notice must be sent to the inspector within whose local limits the establishment is situated. notice must contain:
- Name and situation of the establishment.
- Name of the person in actual management of the establishment.
- Address to which communication relating to establishment should be sent.
- Nature of the occupation or process carried on in the establishment.
SECTION 11 of the Child Labour (Prohibition and Regulation) Act,1986 states that every Occupier in respect of children employed or permitted to work in any establishment, maintained a register to be available for inspection by an inspector at all times during working hours or when work is being carried on in any such establishment showing-
- Name and date of birth of every child so employed or permitted to work.
- Hours and period of work of any child and the intervals of rest to which he is entitled.
- The nature of work of any such child.
- Such other particulars as may be prescribed.
Every occupier in respect of children employed to work in any establishment maintained a register to be available for inspection by an inspector at all times during working hours or when work is being carried out in any such establishment.
If any question arises between an inspector and an occupier as to an age of any child employed to work in any establishment the question shall in the absence of a certificate as to the age of such child granted by the prescribed medical authority, be referred by an inspector for decision.
SECTION 14 of the Child Labour (Prohibition and Regulation) Act,1986 states that whoever employs any child to work in contravention of the provision of section 3 shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year or fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees or with both. Whoever, having been convicted of an offence under section 3, commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years.
Whoever fails to give notice as required by section 9; or fails to maintain a register as required by section 11 or makes any false entry in any such register; or fails to display a notice containing an abstract of section 3 and this section as required by section 12; or fails to comply with or contravenes any other provisions of this Act or the rules made thereunder, shall be punishable with simple imprisonment, which may extend to one month or with fine.
SECTION 67 of Factories Act,1948 states that no child who has not completed his fourteenth year shall be required or allowed to work in any factor.
SECTION 68 of Factories Act,1948 states that a child who has completed his fourteenth year or an adolescent shall not be required or allowed to work in any factory, unless a certificate of fitness granted with reference to him under section 69, is in the custody of manager of the factory, and such child or adolescent carries while he is at work, a token giving a reference to such certificate.
As per Article 24 of Constitution of India, no child below the age of fourteen years is to be employed in any factory mines or any hazardous employment. Further Article 39 requires the state to direct its policy toward ensuring that the tender age of children is not abused and that they are not forced by the economic necessity to enter avocations unsuited to their strength or age.
Lastly, it may be concluded that, in India large number of children are working as child laborers due to various socio-economic factors. Poverty, illiteracy, ignorance of people are the root cause for the prevalence of child labour. Though there is a plethora of laws dealing with problem of child labour due to their faulty implementation by the law enforcement agencies child labour practice is far from eradication.
The Employment of children in any other employment including Agricultural/Farm Sector should be made a cognizable offence, non- bailable and non-compoundable.
Education Matter..!!
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