Child Labour Act

Child Labour Laws – The way backward

Children below 14 years can work in non-hazardous industries provided it is only during holidays or after school hours according to the Cabinet approved amendment in Child Labour Act on 13/05/2015. The original Child Labour Law banned employment of children below 14 in only 18 hazardous industries. The amendments also make it clear that children between 14 and 18 years will also not be allowed to work in hazardous industries. The changes in the labour law also provide for stricter punishment for employers for violation. While there is no penalty provision for parents for the first offence, the employer would be liable for punishment even for the first violation. In case of first offence, the penalty for employers has been increased up to two-and-half times from the existing Rs 20,000 to up to Rs 50,000 now. 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. After the Cabinet approval, the government will move official amendments to the Child Labour (Prohibition and Regulation) Amendment Bill, 2012 in Parliament.

"We don't want to redraw the social fabric of Indian society where children learn by participating in work with family elders. We, instead, want to encourage learning work at home as it leads to entrepreneurship," a Government official said.

While child rights activists were opposed to the dilution saying it will promote child labour, those involved in business maintained that children need to be trained in traditional arts at an early stage or they will not be able to acquire the required skills like weaving and stitching. The age of prohibition of employment has been linked to age under Right of Children to Free and Compulsory Education Act, 2009. Exceptions have, however, been made in case of works in which the child helps the family or family enterprises. Moreover, exemption has also been given where the child works as an artist in an audio-visual entertainment industry, including advertisement, films, television serials or any such other entertainment or sports activities except the circus. The condition is that such enterprises should not be involved any hazardous occupation. Another condition set forth is that they should work after school hours or during vacations.

The Act raises serious concerns such as it will interfere with children’s ability to attend regular school. Forcing children to work deprives children of their childhood. One of these proposes to ban the employment of children below 14 yrs in all occupations except family and audio-visual entertainment industry, on condition that such works do not interfere with their education. It will be difficult to monitor a law which is vague and not specific. The monitoring of this law had been difficult all through right from its beginning in 1996. Out of 6 million child labourers in many industries all over India this law could only come to the help of below 2000 children in the last year.

The constitution of India promised to safeguard the rights of children and protect them from economic exploitation. However, 65 years later it is still perfectly legal to employ a child. As per the census report of 2011, India has over 4 million working children belonging to the age group of 5-14. The new amendment will sure lead to the increase in the number of working children in the years to come.  It is sad to note that no proper consultations have been done before the amendment was thought of.