Child Labour Law and Child Labour Age Limit in India

• As per the Child Labour Law (Prohibition and Regulation) Act, 1986 a “child” is defined as anyone under the age of 14 years. A child of such an age is predicted to play, study, and be carefree regarding their life. However, such expectations barely meet reality because children, by force or by will, are pressured for employment in a harsh environment that becomes a threat to their lives. 
• Child labour contributes to children’s underdevelopment and incomplete physical and mental development, which slows their growth. To reduce child labour in India, the government of the country has taken appropriate measures through the introduction of rules and regulations. 
• Furthermore, if the entire business community of the country commits to taking steps to end child labour in India and assist needy children in receiving early childhood education, the creation of a vibrant and robust India will be possible. This article contains a brief overview of the rules and regulations and the laws for the prevention of child labour in India.

Child Labour Age Limit

In India, employing children less than the age of 14 in any type of work is considered a cognisable offence and would attract a jail sentence for a maximum of 2 years. Children under the age of 14 may, however, be employed in certain family-based jobs.

Further, children between the ages of 14 and 18 are called adolescents, and they cannot be employed in any type of hazardous occupation. As per the Child Labour (Prohibition and Regulation) Amendment Bill, 2012, penal provisions are also applicable to the parents of the underage child employed.

Children Below the Age of 14 Years

Notably, children under the age of 14 are not permitted to perform any type of work in any process or business. However, such a restriction does not apply if a child is engaged in business after school hours or on vacation to assist family or family members, which is not a harmful business. About such children, family implies a father; mother, brother, sister, father’s sister and brother, and mother’s sister and brother. 

Furthermore, a child under the age of 14 would be permitted to work as an artist in the audiovisual entertainment sector, which includes films, television, advertisements, or any other sports activities other than circus. But all such work is subject to conditions and safety measures.

Child Labour Act in India

The Child Labour in India Act is a pivotal legislation designed to safeguard the rights and well-being of children. Enacted to combat the exploitation of minors, this law prohibits the employment of children under the age of 14 in hazardous occupations and processes. It also sets regulations for adolescents between 14 and 18 years old, ensuring their work doesn’t interfere with their education and health.

The Act outlines stringent penalties for violators, aiming to eradicate the scourge of child labour act and provide a protective framework for young individuals. Additionally, it emphasizes the importance of rehabilitation and education for rescued child labourers, aiming to integrate them back into society. Through its provisions and enforcement, The Child Labour Act stands as a significant step toward securing the future and rights of India’s children.

Adolescents Are Children Aged 14 to 18 Years

As per the Child Labour in India Act, of 1986, adolescents are allowed to work in non-dangerous occupations and procedures. However, in the case of adolescent employment, the employer must meet the following requirements:

• Every day’s working time shall be determined in such a way that it shall not exceed three hours in any circumstance.
• In the course of a working period of three years, an adolescent shall have a gap for rest for a minimum of one hour after working for three hours.
• Adolescents were not permitted to work between the hours of 7 p.m. and 8 a.m.
• Overtime work is not permitted for adolescents.
• At any time, adolescents are not permitted to work in more than one occupation.
• At least one holiday per week must be provided to adolescents.

International Legal Framework Regarding Child Labour

The international legal framework on child labour encompasses conventions and agreements from organizations such as the International Labour Organization (ILO) and the United Nations. These agreements emphasize the need to protect the rights of children and eradicate all forms of child labour in india and globally.

Types of Child Labour

Child labour manifests in various forms, including hazardous work, exploitation, trafficking, and forced labour. Understanding these types is crucial for developing effective strategies to combat and prevent child labour.

Legal Age for Working in India

In India, the legal age for working is determined by labour laws, which specify the minimum age for employment. Adhering to these age restrictions is essential to ensure the well-being and development of children.

Efforts by the Government of India To Control Child Labour

The Government of India has implemented a range of initiatives, policies, and programs to combat child labour. These efforts include awareness campaigns, education programs and stringent enforcement of child labour laws to create a protective environment for children.

Norms for Employing Adolescents

Employers who hire adolescents must keep a register that includes the following information:

• Each adolescent employed must provide their birth date and name to be allowed to work.
• The working period and hours of an adolescent and the period of rest time that is allowed for adolescents
• The type of work performed by an adolescent

In addition to the above details, upon allowing adolescents to work in an occupation, the establishment’s owner shall send some of the following information to the local inspector within 30 days, such as:

• Name of the company, address of the company
• Name of the person who is actually in charge of the establishment’s management.
• The procedure or occupation is carried out in the establishment.
• Address to which communications relating to the establishment shall be sent

Penal Provisions for Violating Child Labour Laws

• The violation of the child labour law contributes to fines and imprisonment. In this aspect, any individual who employs or allows any child to work in violation of the Child Labour (Prohibition and Regulation) Act, 1986, is punishable by jail time for at least 6 months but not more than 2 years. In addition, the employer could face a fine ranging from ₹20,000 to ₹50,000.
• Penal provisions are also applicable to parents. In this aspect, parents who pressure their children to engage in family occupations, such as child artists (without permitting them to go to school), or any other banned businesses under the law could be punished. Parents are initially punished with a warning under the law, but if they engage their child in illegal occupation again, they face a maximum fine of ₹10,000.

Hazardous Occupation and Processes

The Child and Adolescent Labour (Prohibition and Regulation) Act protects young people from the dangers of certain workplaces. These jobs are deemed hazardous because they can cause serious health problems, injuries, or even death. Here’s a breakdown of the types of work considered too risky for children under 18:

• Dangerous Environments: This includes jobs around trains, busy ports, construction sites with heavy machinery, and places with explosives or flammable substances. Children shouldn’t be exposed to the dangers of moving vehicles, falling debris, or hazardous materials.
• Unhealthy Work: Certain jobs involve exposure to toxic substances like lead, mercury, or pesticides. These chemicals can cause a range of health problems, from developmental delays to cancer. Other hazardous activities include working in loud environments, extreme temperatures, or with repetitive motions that can lead to injuries.
• Demanding Tasks: Children shouldn’t be involved in physically demanding jobs like mining, quarrying, or working in brick kilns. These activities can lead to muscle strain, fatigue, and even broken bones.
• Exploitation Risks: Certain jobs put children at risk of exploitation, such as working in roadside eateries, hotels, or circuses. These environments can be unsupervised, leading to potential abuse or forced labour.

This list is not exhaustive, but it highlights the types of work deemed too risky for young people. By understanding these limitations, we can help ensure children are protected from harm and have a safe and healthy childhood.

Child Labour in India Programs

Child labour in India is a complex issue, fueled by poverty, limited education, population growth, and industrialisation. To tackle this challenge, the government and NGOs have launched various programs aimed at rehabilitation and prevention. Here’s a glimpse into some key initiatives:

• National Policy on Child Labour (1987):  This policy outlines a step-by-step approach to reintegrating working children and teenagers back into education and society. It focuses on strengthening existing laws, improving access to education, and providing support services for vulnerable families.
• Project-Based Action Plan:   This plan goes beyond policies, taking a project-based approach to improve the well-being of working children. It provides bridge education programs, vocational training, and necessities to help children transition out of the workforce.
• Juvenile Justice Act (2015):   While this act aims to improve the juvenile justice system, it also includes provisions to protect children from exploitation, including child labour.
• National Child Labour Project (NCLP) Scheme (2007):   This program prioritises the rehabilitation of children working in hazardous occupations. It identifies areas with high child labour rates, conducts surveys to understand the scope of the problem, and provides rescue and rehabilitation services for affected children.
• Platform for Effective Enforcement of No Child Labour (PENCIL): This innovative online platform acts as a central hub for government agencies, NGOs, and citizens. It facilitates communication, information sharing, and collaboration in the fight against child labour.

Conclusion

Child labour is one of the main reasons behind the harmful physical and mental development of children. In India, the government of the country is engaged in providing free and compulsory education for all children and has taken several steps to reduce child labour. Child labour is a continuous issue and challenge in India because of poverty, inadequate educational facilities, and the development of the informal economy. Vakilsearch is a leading platform that provides useful and important information regarding child labour in India.

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