Question and Answer on The Child Labour (Prohibition and Regulation) Act, 1986

 

 

Q. 1 Write a short note on Child Labour  (Prohibition  and Regulation) Act 1986?

The Child Labour (Prohibition and Regulation) Act, 1986 prohibits children from working in hazardous employment. The Act provides a minimum age limit for employment as 14 years. The provision of the Act has helped in reducing the rate of child employment in India. It has reduced various hazardous risks to which child employees are exposed at the workplace as well as the exploitation by laying down the provisions for maximum number of hours or period of work and various other related issues. The Act has played an important role in reducing hazardous employment for children in India. If it is found that the employer is employing a child in contravention of the provisions of the Act then, such employer will be liable for punishment which includes imprisonment or fine or both. Although the Act has reduced the number of child labors, this evil is still lingering in our society due to the socio-economic issues i.e. poverty and illiteracy and for overcoming the evil of child labor, collective responsibility has to be taken up by the society at large as Justice Subba Rao, the former Chief Justice of India rightly said that; “Social justice must start with the child. Until and unless a tender plant is properly tended and nourished, it has a small chance of growing into a strong and useful tree. So, the first preference in the plate of justice should be stated to the well-being of children.”

 

Q. 2 What is meant by child labour? Explain in the light of guidelines issued by International Labour Organisation?

 

Not all work done by children should be classified as child labour that is to be targeted for elimination. Children’s or adolescents’ participation in work that does not affect their health and personal development or interfere with their schooling, is generally regarded as being something positive. This includes activities such as helping their parents around the home, assisting in a family business or earning pocket money outside school hours and during school holidays. These kinds of activities contribute to children’s development and to the welfare of their families; they provide them with skills and experience, and help to prepare them to be productive members of society during their adult life.

The term “child labour” is often defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development. It refers to work that:

·         is mentally,

·         physically,

·          socially or morally dangerous and harmful to children; and/or

·         interferes with their schooling by: depriving them of

·          the opportunity to attend school;

·          obliging them to leave school prematurely;

·          or requiring them to attempt to combine school attendance with excessively long and heavy work.

The worst forms of child labour involves children being

(a)   enslaved,

(b) separated from their families,

(c)   exposed to serious hazards and illnesses and/or left to fend for themselves on the streets of large cities – often at a very early age.

 Whether or not particular forms of “work” can be called “child labour” depends on the child’s age, the type and hours of work performed, the conditions under which it is performed and the objectives pursued by individual countries. The answer varies from country to country, as well as among sectors within countries.

The worst forms of child labour

1.     Whilst child labour takes many different forms, a priority is to eliminate without delay the worst forms of child labour as defined by Article 3 of ILO Convention No. 182:

o    all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict;

o    the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances;

o    the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties;

o    work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

Hazardous child labour

1.     Hazardous child labour or hazardous work is the work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.
Guidance for governments on some hazardous work activities which should be prohibited is given by Article 3 of ILO Recommendation No. 190:

o    work which exposes children to physical, psychological or sexual abuse;

o    work underground, under water, at dangerous heights or in confined spaces;

o    work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads;

o    work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health;

o    work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer.

 

Q 3 Write a short note on International Convention of Child Rights?

The Declaration of the Rights of Child, 1959

Declaration of the Rights of the Child, 1959 was adopted by the United Nations General Assembly. The rights of the children were defined for the first time by the Declaration of the Rights of Child, 1959. The Declaration was drafted by Eglantyne Jebb and is also known as the Geneva Declaration of the Rights of the Child. The Declaration is a document that consists of the rights of children. It was first adopted in 1924 by the League of Nations and then in 1959 by the United Nations. The Declaration includes the following rights:

·         The child must be provided all those means which are essential for their normal development.

·         If a child is found to be hungry or sick then the child must be fed and nursed.

·         If a child is backward or delinquent then the child must be helped and recovered.

·         In case the child is an orphan or abandoned then shelter should be provided to the child.

·         In times of distress, relief must be provided to children first.

·         The children must be protected from every kind of exploitation when they are put in a position to earn a livelihood.

·         The children must be made conscious of the fact that the talent they possess should be devoted to the service of their fellow men.

This document was endorsed by the League of Nations General Assembly in 1924 as the World Child Welfare Charter. It was reaffirmed in 1934 by the League of Nations General Assembly.

The International Convention on the Rights of the Child, 1989

The International Convention on the Rights of the Child, 1989 is a human rights treaty that includes the rights of children which are related to civil, political, social, health and cultural rights. A child is defined by the Convention as a human being who is under the age of eighteen years unless the law applicable to the child specifies a different age clause for the age of majority.

The Nations which ratified the Convention are bound to follow it under international law and compliance of the same is checked by the UN Committee on the Rights of the Child. The Nations that have ratified the Convention are required to report to the United Nations Committee on the Rights of the Child. The Committee checks on their advancement in the implementation of the Convention for providing rights to children in their respective Nations.

The Convention works for the basic needs and rights of children in order to protect their interests. A child has a right to life which includes the right to identity, and the right to be raised by both parents even in case they are separated. The Convention works towards preserving such rights of children by putting an obligation on parents to perform all their responsibilities towards their child as parents. The Convention protects children from any kind of exploitation and excessive interference.

The disputes which involve a child have to be tried separately with care and the child’s viewpoint has to be heard in such cases. Courts are not allowed to sentence a child with capital punishment. It is an obligation of Nations to ensure that no child is sentenced with cruel or degrading forms of punishment. 

Q 4 Elaborate Rights of Child under the Indian Constitution?

According to the Indian Constitution, the rights are ensured to the citizens of the country. The children are also given rights under the Constitution as they are considered citizens of the country. Considering their special status, special provisions are made for children under the Constitution. The Government can make special provisions for the protection of the rights of children. 

The leading amendment made for the protection of the rights of children is the 86th Constitutional Amendment i.e. Right to Education. Right to Education was made a Fundamental Right in order to protect the basic right of children to receive an education. 86th amendment guarantees the following:

·         The right to free elementary education that was made compulsory under Article 21 A of the Indian Constitution.

·         Right to protection till the age of fourteen years from any kind of hazardous employment which is provided under Article 24 of the Indian Constitution.

·         Article 39(e) of the Constitution protects children from any kind of abuse or forced employment which is not suitable for their age and ability.

·         The children are provided with equal opportunities, facilities, freedom, dignity, and protection under Article 39 (f) of the Indian Constitution.

·         Article 45 of the Constitution ensures early childhood care and education to the children until the age of 6 years.

Besides the special provisions which are made under the Constitution, the children also have equal rights as any other adult citizen of the country. 

Q 5 Write an essay on Prohibition of Employment of Children in certain occupations and processes under Child Labour (Prohibition and Regulation) Act 1986?

Child Labour (Prohibition and Regulation) Act, 1986 aims to eradicate any kind of child abuse in the form of employment and prohibit the engagement of children in any kind of hazardous employment, who have not completed 14 years of age. The Act prohibits the employment of children in certain occupations and processes. The occupations which are prohibited are mentioned in the Act under the Schedule in Part A. The prohibited occupations for children under 14 years are:

·         Occupations that are related to the transport of passengers, goods or mails by railway;

·         Cinder picking, clearing of an ash pit or building operation in the railway premises;

·         Working in a catering establishment which is situated at a railway station and if it involves moving from one platform to another or from one train to another or going into or out of a moving train;

·         The occupation which involves work related to the construction of a railway station or any other work where such work is done in close proximity to or between the railway lines;

·         Any occupation within the limits of any port;

·         Work which involves the selling of crackers and fireworks in shops having a temporary license;

·         Working in Slaughterhouses.

Prohibited processes for children under the age of 14 years are mentioned under the Schedule in Part B. They are as follows:

·         The process involving the making of Bidi;

·         The process which involves carpet-weaving;

·         Manufacturing cement or bagging of cement;

·         The processes such as Cloth printing, dyeing, and weaving;

·         The processes that involve the manufacturing of matches, explosives, and fireworks;

·         Mica-cutting and splitting;

·         Any manufacturing process such as shellac manufacture, soap manufacture, tanning;

·         The process of wool-cleaning;

·         Work that is related to the building and construction industry;

·         Manufacture of slate pencils;

·         Manufacture of products from agate;

·         Manufacturing processes in which toxic metals and substances such as lead, mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos are used;

·         Cashew and Cashew Nut descaling and processing;

·         Soldering processes in electronic industries.

The Act in total prohibits approximately 13 occupations and 51 processes for the employment of children. Article 24 of the Indian Constitution includes the provision for the prohibition of employment of children in factories. The Act also lays down certain guidelines for employers, which is to be followed in case the employee is a child of age less than 14 years. According to the Act, the employer cannot make a child employee work between 7 p.m. and 8 a.m. and no overtime is allowed for them. It is not allowed for an employer to make a child work for more than 3 hours without an interval of at least one hour and in total, an employer should not make a child work for more than six hours a day. Adequate provisions must be made by the employer for the health and safety of the child employees. Basic facilities such as drinking water, toilets, disposal of waste, ventilation, etc must be provided by the employer. The employer needs to notify the Factory Inspector if in case he employs a child for employment. Production of age certificate of the child employee is also needed according to the rules of the Act.

Q. 6 Write a short note on Regulation of Conditions of Work of Children under the Child Labour (Prohibition and Regulation) Act, 1986

There are certain regulations provided under the Child Labour (Prohibition and Regulation) Act, 1986 which the employer needs to follow while employing a child in the establishment. Proper work conditions are to be provided by the employer.

Hours and period of work

As per the Act, no child employee shall be allowed to work in any establishment in excess of the number of hours that have been decided on and prescribed for such an establishment or class of establishment. The number of hours shall be fixed by the establishment and the child employee must not be allowed to work for more than three hours without a break of one hour. The total number of hours of work for a child employee shall not exceed six hours. Six hours shall also include one hour of interval. According to the Act, the employer cannot make a child employee work between 7 p.m. and 8 a.m. and no employer must permit the child employee to work overtime. If a child has already worked in an establishment in a day, then such a child must not be permitted to work in another establishment on the same day.

Weekly Holidays

Every child who is employed in an establishment shall mandatorily be allowed a holiday each week. The holiday must be for a whole day. The day of the week must be decided on which it would be a holiday for the employees of the establishment and the notice regarding the same must be exhibited in a conspicuous place of the establishment. The notice should be of a permanent nature and should not be altered more than once in three months.

Q 7 Duties of Employer under the Child Labour (Prohibition and Regulation) Act, 1986?

Notice to Inspector

Notice is needed to be sent to the Inspector within whose local limits the establishment is situated by the employer of such establishment if he employs a child employee or by the occupier of an establishment in which a child is employed or is permitted to work. The notice to be sent must be in writing. It must contain the following particulars:

·         the name of the establishment and place in which it is situated,

·         name of the person who manages the establishment, 

·         the postal address of the establishment,

·         the details such as the nature of occupation or process which is carried on in the establishment.

Every employer who permits a child to work in his establishment is needed to send a notice within 30 days to the Inspector within whose local limits the establishment is situated. Where a process is carried on by the occupier with the aid of Government or it receives assistance or recognition from Government for it then such establishment shall not be subject to the provisions of Section 7, 8, 9 of the Act.

Dispute as to age

In case if a question arises between an Inspector and an occupier on the age of the child who was permitted to work by the occupier in an establishment then the Inspector can prescribe a medical authority to decide on the age of such a child in case of absence of an age certificate.

Maintenance of register

The occupier shall maintain a register which shall include information with respect to children who are employed or permitted to work in his establishment. The register which is made available by the occupier for inspection at all times shall contain:

·         The  name and date of birth of the children who are employed by the occupier;

·         Number of hours and period of work for which the child employee is made to work;

·         The nature of employment and the work which the child employee is made to do;

·         Other particulars which may be prescribed.

Display of notice containing abstract of Sections 3 and 14

The notice containing abstract of Sections 3 and 14 of the Act shall be displayed by every occupier of the establishment in a conspicuous and accessible place of the establishment and in case the employer is a railway administration or a port authority then the notice must be displayed in a conspicuous and accessible place at every station or within the limits of a port as the case may be. The notice  must be written in a local language and in the English language.

Health and Safety

The Government may by giving a notification to the Official Gazette make rules for the health and safety of the children who are employed or permitted to work in an establishment or any class of establishments if the Government feels necessary to do so. According to the Act the rules which must be followed by the establishment for the purpose of safety and cleanliness are as follows:

·         The cleanliness of the place of work must be taken care of and it should be free from any kind of nuisance;

·         There must be a proper place for disposal of wastes and effluents;

·         Proper provisions for ventilation should be made and an adequate level of temperature should be maintained in the place of work;

·         Provisions should be made to reduce dust and fumes;

·         Artificial humidification shall be made;

·         Lighting must be proper in the place of work;

·         Drinking water must be provided;

·         Toilets must be made in the place of work for the employees;

·         Spittoons should be provided in order to keep the workplace clean;

·         The machines which are in the workplace should be fenced properly;

·         Children must not be allowed to work near machinery which is in motion;

·         Children must not be permitted to work on dangerous machines;

·         Children must be instructed, trained and supervised in relation to the employment of children on dangerous machines;

·         Device for cutting off power should be used;

·         Self-acting machines should be used in the workplace;

·         Easing of new machinery;

·         Proper floors should be made and proper means to access through stairs shall be made;

·         Pits, sumps, openings in floor shall be made;

·         Child employees shall not be permitted to lift excessive weights while working;

·         Protection for eyes must be provided;

·         Children must not exposed to explosives or inflammable dust, gas, etc;

·         In case fire is used in work, proper precautions must be taken;

·         Proper maintenance of buildings and machinery shall be taken.

Q 8 Write a short note on the penalties under the Child Labour (Prohibition and Regulation) Act, 1986?

Penalties

When an employer employs a child or permits a child to work in contravention of the provisions of Section 3, the employer shall be liable for punishment with imprisonment for a term which may extend to one year or with fine and the fine imposed shall not be less than rupees ten thousand and which may extend to rupees twenty thousand or with both.

Whoever is convicted of the said offence under Section 3 and repeats the same offence again in future then he shall be punished with imprisonment for a term which shall not be less than six months and can be extended to two years.

When an employer fails to give a notice as stated under Section 9 or fails to maintain a register comprising the details of child employees as required by Section 11 of the Act or if the employer makes any false entry in any such register, or fails to display a notice containing an abstract of Section 3, or if the employer fails to comply with or contravenes any other provisions of the Act or any of the rules which are made there under, he shall be punished with simple imprisonment which may extend to one month or with fine which may extend to ten thousand rupees or with both imprisonment and fine.

 

References

http://www.ilo.org/ipec/facts/WorstFormsofChildLabour/Hazardouschildlabour/lang--en/index.htm

https://blog.ipleaders.in/child-labour-prohibition-regulation-act-1986/

https://vikaspedia.in/education/child-rights/world-day-against-child-labour