Ambiguity in the Definition of ‘Child’

December 22, 2023

The parliamentary panel’s 52nd report sheds light on the challenges faced in implementing policies to eradicate child labor by 2025. The committee emphasizes the need for a consistent definition of ‘child’ across various laws.

Divergent Definitions

According to the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (CALPRA), the definition of a ‘child’ varies, creating ambiguity. The 2016 amendment narrows the age group to (14-18) years, while the Right of Children to Free and Compulsory Education Act, 2009, defines a child as aged six to fourteen years.

Inconsistencies Across Acts

The Minimum Wages Act, 1948, and the Juvenile Justice (Care and Protection of Children) Act, 2015, present further disparities in defining a ‘child.’ The committee highlights the absence of a definition for ‘adolescent’ in the JJ Act, 2015, and notes the diverse age range provided by the Rashtriya Kishore Swasthya Karyakaram.

Clarifying Offenses and Age Determination

The report reveals that offenses related to child labor differ in their cognizance status under CALPRA Act and JJ Act, 2015. The committee calls for a comprehensive examination to eliminate discrepancies and ensure prompt justice for affected children.

Strengthening Guidelines and Enforcement

The panel suggests refining the positive list of occupations for adolescents, excluding hazardous ones. Additionally, it urges the labor ministry to enhance fines for child labor employers, adjusting for inflation, and establish district-level funds for immediate relief and rehabilitation. To reinforce the fight against child labor, the committee proposes amendments to include stricter punishments, such as license cancellation and property attachment. It emphasizes the need for increased accountability for principal employers and traffickers in cases of child labor.

Enhancing Child Welfare Mechanisms

The report highlights the lack of assigned functions for district project societies (DPS) and calls for a standardized procedure to ensure seamless operations. It advocates for provisions similar to the Protection of Children from Sexual Offences Act, 2012, within CALPRA Act and the assignment of responsibilities to traffic police regarding children at traffic lights.

National Level Child Tracking Mechanism

The committee recommends the establishment of a National Level Child Tracking Mechanism to coordinate efforts at the state and central levels. This mechanism aims to streamline monitoring, prevention, tracing, tracking, rescue, rehabilitation, and reintegration of rescued children.

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