The Child Labour (Prohibition and Regulation) Amendment Act, 2016 has been passed by the Parliament.
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| Context: | Child Labour (Prohibition and Regulation) Amendment Act, 2016 has been passed by the Parliament. |
| What is Child Labour? | Child Labour, as defined by the International Labour Organization, refers to work that leads to the deprivation of one’s childhood and education opportunities. It deprives children of their childhood, their potential and their dignity and that is harmful to their physical and mental development. |
| Data on Child Labour in India | According to the Census 2011 figures, there are 82.2 lakh working children in the age group of 5-14. India’s biggest hub of child labour is Uttar Pradesh and it accounts for almost 20% of India’s child labourers. |
| Child Labour Prohibition and Regulation Act | According to the Child Labour Prohibition and Regulation Act, children of any age may be employed, provided employers adhere to restrictions, including a maximum 6-hour work-day with a 1-hour rest period, at least 1 day off per week, and no night or overtime work. The Child Labor Prohibition and Regulation Act bars children under age of 14 from 18 hazardous occupations and 65 hazardous processes, such as handling pesticides, weaving carpets, breaking stones, working in mines, and domestic service. The Factories Act bars children under age 14 from working in factories. Employing children under age 14 in a hazardous occupation or process can lead to fines and imprisonment. |
| Amendments proposed in Child Labour Prevention Act | In a significant move to curb the rampant spread of child labour across the country, the Government of India has proposed amendments in Child Labour Prevention Act.
The amendment extends this ban on employment of children under 14 across all sectors, prohibits the employment of adolescents aged 14-18 years in hazardous occupations and introduces more stringent jail term and fines for offenders: a jail term of six months to two years and a fine of Rs. 20,000 to Rs. 50,000. |
| Problems with the amendment | 1. The ban on hazardous adolescent work is accompanied by changes in the schedule of hazardous work in the statute, bringing these down from 83 prohibited activities to only three. The amended law prohibits only that child work which is considered hazardous for adult workers, without recognising the specific vulnerabilities of children.
2. The amended law that permits even children under 14 years to work in non-hazardous “family enterprises” after school hours and during vacations. It is estimated that around 80 per cent of child labour is in work with family members. This is in farms, forests, home-based work such as bidi rolling, carpet weaving, making of bangles and handicrafts, home-based assembly tasks, domestic work, eateries, roadside garages, and street vending. Hence this Amendment, in principle, goes against the Right of Children to Free and Compulsory Education Act. 3. Child can work 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, subject to such conditions and safety measures, as may be prescribed, provided that no such work under this clause shall effect the school education of the child. |