Amendments to Child Labour (Prohibition and Regulation) Act, 1986

In 2012, Union Cabinet has given a green signal to the amendments in the Child Labour (Prohibition and Regulation) Act, 1986.

Child Labour (Prohibition and Regulation) Act, 1986

In 1979, Government of India had constituted a committee called Gurupadswamy Committee to study the issue of child labour and to suggest measures to tackle it. The Committee examined the problem in detail and made some far-reaching recommendations. The outcome of the recommendations by the Gurupadswamy Committee was Child Labour (Prohibition & Regulation) Act, that was enacted in 1986. Via this act, a ban was imposed on employment of children (less than the age of fourteen) in dhabas, restaurants and hotels and as servants or domestic help as well. Any violation of this ban would lead to imprisonment up to two years and/or fine of Rs.10, 000 to Rs.20, 000. The salient features of this act are as follows:

• This act extends the whole of India and defines child as a person who has not completed his “fourteenth year” of age.
• Section 3 of this act has imposed prohibition on employment of children in the Hazardous occupations mentioned in its schedule and makes such employment an offence punishable with imprisonment for a term of 3 months to 1 year and a fine with ` 10000-20000.
• The act also has provision of constitution of a Child Labour Technical Advisory Committee.
• These Hazardous occupations have been listed in Schedule of the act and list out the Hazardous occupations and processes separately. Interestingly hazardous occupations comprise the domestic workers or servants and Dhabas (roadside eateries), restaurants, hotels, motels, tea shops, resorts, spas or other recreational centres. These are the some places where we find most “chhotus” working.

However, the implementation has not been very effective. According to Census 2001, there were 12.6 million economically active children in the age-group of 5-14 years while the National Sample Survey data said the child workforce during 2004-05 was estimated at 9.07 million. The unofficial sources say that there are 6 Crore children employed in various segments.

Objective of the recent amendment

• The latest amendment seeks to put all forms of child labour under the age of 14 years on prohibition.
• With this act, employment of children in the 14-18 age group (which it defines as adolescents) in hazardous occupations will be prohibited and child labour will be a cognisable offence via this amendment.
• However, it will allow employing children only between 14-18 years in non-hazardous industries like forest gathering, child care etc.
• Employing a child below 14 years in any kind of occupation is set to become a cognizable offence, punishable with a maximum three years imprisonment or fine up to a maximum of Rs. 50,000.

Implementation Issues

• The proposed amendment scales up state’s efforts and responsibilities, enhanced expenditure and more involvement of the police and judiciary
• The biggest challenge in India has been the enforceability of this law. Assessing the real magnitude of the problem and devising appropriate rehabilitative measures are biggest challenges. These can be substantiated with appropriate budgetary allocations and building effective partnerships.
• A realistic, time bound, well resourced and comprehensive rehabilitation scheme must be put in place, on the other, coordination between child labour elimination agencies, Sarva Shiksha Abhiyan (including the mid-day meal scheme), Mahatma Gandhi National Rural Employment Guarantee Act and all other schemes and flagship programmes pertaining to underprivileged children and their families must be ensured. The present scheme for rehabilitation and provision of bridge education to the rescued child labourers is miniscule.
• The biggest challenge would be to rehabilitate 15-20 lakh children in the age-group 14 to 18 who are employed in hazardous work. They cannot be absorbed in the conventional schooling system or any existing special educational schemes.

NCLP & INDUS Project

In pursuance with the National Child Labour Policy, the NCLP Scheme was started in 1988 to rehabilitate child labour. The Ministry of Labour, Government of India and US, Dep’t. of Labour have also developed a project under ILO-IPEC for Prevention & Elimination of Child Labour in identified Hazardous Sectors. This is called “Indo-US DOL or INDUS Project.

Issues with NCLP:

• The NCLP Policy contains the action plan for tackling the problem of child labour. It envisaged a legislative action plan, Focussing and convergence of general development programmes for benefiting children wherever possible, and Project-based action plan of action for launching of projects for the welfare of working children in areas of high concentration of child labour.
• NCLP, despite being a flagship programme on Child Labour, covers merely six lakh children in 266 districts. The government is currently revising and restructuring this scheme.
• In the light of the decision to bring in the amendments, the scheme would need to be a scaled-up and well-resourced national scheme, which should be able to cover at least 5 million child labourers up to the age of 14.
• The new programme should also have essential components of vocational skills, employability and entrepreneurship for rehabilitation of child labour in the age group of 14-18.

Implications of the Proposed Amendment:

• Employing a child below 14 years in any kind of occupation will be completely banned and land the employer in jail with a maximum three years imprisonment or fine up to a maximum of Rs. 50,000.
• Employment of children below the age of 14 a cognisable offence, there will be a total ban on employment of children below 14 years in any industry–hazardous or non-hazardous.
• There is a blanket ban on employing children below 18 years in hazardous industries like mining. At present children under the age of 14 years are prohibited from employment only in hazardous industry.

Child Labour: International Norms

In 1973, ILO had adopted the “Convention concerning Minimum Age for Admission to Employment”, which is also known as “Minimum Age Convention-1973”. This convention wanted its ratifying states to pursue a national policy designed to ensure the effective abolition of child labour. As per this convention, the minium age to enter into work is 15 years, and a working child below that age must be under the category of Child Labour. The same convention also permits the age group of 13-15 years for light works. However, the works which may affect the person physically such as “health, safety or morals of young persons”, the minimum age has been fixed by this convention as 18 years. This convention has been ratified by some 157 countries but NOT by India. The proposed amendment would help India to ratify ILO Convention 138 (minimum age for entry to employment) and Convention 182 (prohibition of employment of persons below 18 years in hazardous occupations).