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Child Labour (Prohibition & Regulation) Act 1986, Complete Details

Child Labour (Prohibition & Regulation) Act 1986

International Labour Organisation estimates that there are more than 152 million youngsters working as child labourers worldwide. India alone is home to almost 10 million of these young labourers. Children are nevertheless involved in a variety of vocations despite efforts and rigorous statutory regulations. India ratified the Worst Forms of Child Labour Agreement (No. 182), an ILO agreement, in 2017.

Child Labour Definition

Child labour is forcing children to participate in or be engaged in any economically productive work on a full- or part-time basis. Children who participate in this are typically deprived of fundamental childhood experiences like going to school and suffer bodily and mental harm.

Child Labour Legislation in India

Because it robs them of the most crucial stage of life, childhood, child labour practises hinder both the mental and physical development of children.  According to the Child Labour (Prohibition and Regulation) Act of 1986, it is absolutely forbidden for children under the age of 14 to work in dangerous jobs. The act itself compiles a list of dangerous professions.

Child Labour Legislation in India

Particulars Details
Constitutional Provision Article 21 A – All children between the ages of 6 and 14 must get free and required education from the State in the way specified by law.

Article 24 – No kid under the age of fourteen may be hired to work in a factory, mine, or in any other dangerous occupation.

Article 39(e) – The health and strength of workers, men and women, and the tender age of children are not abused and citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.

Committee on Child Labour In 1979, Gurupadswamy Committee was established to study and tackle the child labour issue.
Legislation on Child Labour In 1986, Child Labour (Prohibition and Regulation) Act was enacted by Indian Parliament.
Amendment of Legislation on Child Labour In 2016, Child Labour (Prohibition and Regulation) Amendment Act prohibits the employment of children below the age of 14 years.
Rules on Child Labour In 2017, Child Labour (Prohibition and Regulation) Amendment Rules – a broad framework against child labour.
Government Initiatives Operation Smile: Also called Operation Muskaan is an initiative of the Ministry of Home Affairs, to trace and rescue missing children in the state.
Indian & ILO Convention on Child Labour The International Labour Organisation (ILO) has two conventions: convention 138 from 1973 on the minimum age for employment and Convention 182 from 1999 on the worst kinds of child labour. Both have been ratified by India

Child Labour (Prohibition & Regulation) Act 1986

The Child Labour (Prohibition and Regulation) Act of 1986 designates a child as a person who has not completed their 14th year of age. It aims to regulate the hours and the working conditions of child workers and to prohibit child workers from being employed in hazardous industries.

Child Labour (Prohibition and Regulation) Amendment Act, 2016

The Child Labour (Prohibition & Regulation) Amendment Act, 2016, was passed by the government and went into effect on January 1, 2016. The Amendment Act outright forbids hiring anyone under the age of 14. Additionally, the amendment forbids hiring teenagers between the ages of 14 and 18 for risky jobs and processes and restricts their working conditions in cases where it is not. The change also makes it a crime for businesses to hire any child or teenager in violation of the Act, increasing the severity of the penalties for such violations.

Child Labour (Prohibition and Regulation) Amendment Rules, 2017

After a thorough consultation with the relevant parties, the Government of India has notified the change to the Child Labour (Prohibition and Regulation) Central Rules. For the prevention, prohibition, rescue, and rehabilitation of child and adolescent workers, the Rules offer a comprehensive and detailed framework. Specific measures have been inserted into the rules to clarify concerns relating to helping in families, family businesses, and the definition of family with regard to children.

Additionally, it offers protections for artists who have been given permission to work under the Act in terms of working conditions and hours. To ensure the proper execution and compliance of the Act’s provisions, the rules include explicit provisions embodying the roles and obligations of enforcement agencies.

Child Labour (Prohibition & Regulation) Act 1986 UPSC

According to the Act, no child shall be permitted or required to labour for more than three hours between the hours of 7 p.m. and 8 a.m. without a one-hour break. per child working in an establishment is entitled to a day off per week. Anyone who hires a kid or allows them to participate in tasks or processes where they are not allowed to do so faces up to a year in prison, a fine of at least Rs. 10,000, or both. Other offences are punishable by a fine of up to Rs. 10,000, a month in jail, or both.

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Child Labour Act 1986 FAQs

What is the amendment of child labour Act 1986?

An Act to prohibit the engagement of children in all occupations and to prohibit the engagement of adolescents in hazardous occupations and processes

What is Section 7 of the child labour Act 1986?

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.

What is child labour age limit in India?

In India, employing children less than the age of 14 in any type of work is considered a cognisable offence

What is Article 21(A)

All children between the ages of 6 and 14 are entitled to free and compulsory education

Is child labour is a crime?

All work done by children under the age of 15 and dangerous work done by children under the age of 18 is illegal.

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