Child labour continues to be a critical social concern, particularly in developing nations like India, where millions of children are still engaged in work. Even with technological advancements and economic development, the exploitation of children in various sectors persists, robbing them of their basic rights and childhood. In response to this pressing concern, the Indian government introduced the Child Labour (Prohibition and Regulation) Act, 1986, a legislative measure designed to safeguard children from exploitation and to promote their right to education and a wholesome upbringing. This write-up explores the Act in detail, shedding light on its core features, amendments, constitutional backing, and the present status of child labour in India.

Understanding Child Labour

• Child labour refers to the practice of involving children in economic activities, whether part-time or full-time, that are often detrimental to their development.
• These children are frequently denied the opportunity for formal education and subjected to both physical and emotional abuse.
   
• Root causes of child labour:
  • Poverty
  • Inadequate educational facilities
  • Proliferation of the informal sector
• Consequences of child labour:
  • Lifelong mental and physical trauma
  • Lack of access to education
  • Exploitation and abuse
  • Deprivation of a fulfilling childhood.
     

Child Labour in India

• In India, child labour seriously hampers a child's mental and physical development, stripping away the essential phase of childhood.
• As per the Child Labour (Prohibition and Regulation) Act, 1986:
  • Employing children under 14 years in hazardous occupations is strictly prohibited.
  • The Act includes a detailed list of such hazardous occupations and processes.

Definition of a Child

• As defined in the Act, a child is any individual who has not yet turned 14.
• This age threshold plays a vital role in determining who qualifies for protection under the Act.
• It affirms the special care required for this vulnerable age group.

Scope and Applicability

This Act is applicable throughout India, ensuring that the protection it offers is consistent across all states and union territories. Its key objectives include:

• Banning employment of children below 14 in certain occupations and processes.
• Providing a framework for updating the list of prohibited jobs.
• Regulating working conditions in allowed sectors.
• Increasing penalties for violating child labour laws.
• Harmonizing the definition of a child across various statutes.

The introduction of this Bill led to comprehensive discussions in Parliament, where members from different political affiliations voiced their concerns—particularly with Section 3, which exempts family-run workshops and government-supported institutions from the prohibition.

Key Definitions in the Act

• Appropriate Government:
  • For sectors like railways, ports, mines, and oilfields, the Central Government holds jurisdiction.
  • Otherwise, the State Government is the authority.
• Child: Anyone under 14 years.
• Adolescent: Individuals aged between 14 and 18.
• Day: A full 24-hour period starting from midnight.
• Establishment: Includes shops, workshops, farms, eateries, theatres, etc.
• Family: Refers to the occupier, their spouse, children, and siblings.
• Occupier: The individual responsible for managing an establishment.
• Port Authority: Any governing body responsible for a port.
• Prescribed: As defined by rules under Section 18.
• Week: A seven-day period starting Saturday night or another day approved by the Inspector.
• Workshop: Any industrial workplace, except those covered under Section 67 of the Factories Act, 1948.

Key Provisions and Sections

• Section 3 – Prohibition of Child Labour:
  • Children under 14 cannot be employed in any job or process, except:
    • Helping their family in non-hazardous work outside school hours or during vacations.
    • Participating in entertainment-related work under strict safety and educational guidelines.
• Section 3A – Prohibition of Adolescents in Hazardous Work:
  • Adolescents are barred from working in hazardous sectors as listed in the Act.
  • The Central Government may define non-hazardous work permissible for adolescents.

Working Conditions for Adolescents

• No work between 7 PM and 8 AM.
• Work hours must not exceed 6 hours per day, with a mandatory break after 3 hours.
• No overtime allowed, and they must receive a full day off every week.
• Multiple job engagements in a day are not allowed.
   

Penalties

• Section 14(1): Employing children in contravention of the Act may lead to imprisonment (6 months to 2 years) and/or a fine of ₹20,000 to ₹50,000.
• Section 14(1A): Similar penalties for employing adolescents in hazardous roles.
• Repeat violations may result in up to 3 years of imprisonment.
   

Notices and Age Verification

• Employers and authorities must display notices about child labour laws.
• If birth proof is unavailable, a certified medical officer can determine age via a medical exam (ossification test).
   

Rehabilitation Fund

• A special fund aids rescued children and adolescents.
• It is supported by fines collected from employers.
• The government adds ₹15,000 per child, accessible upon turning 18.
   

Responsibilities of Labour Officers and District Magistrates

• Labour inspectors ensure compliance.
• District Magistrates are charged with enforcement and monitoring.
   

Employer Obligations

• Must notify inspectors within 30 days of employing an adolescent in permissible jobs.
• Maintain registers with worker details and display weekly holiday schedules.
   

Definition of Child Labour

Child labour includes:

• Any form of slavery, including child trafficking or bonded labour.
• Forced involvement of children in armed conflicts.
• Use of children in sexual exploitation or pornography.
• Involvement in drug production or distribution.
• Any work harmful to a child's health, morals, or safety.
   

Prohibited Occupations and Processes

The Act bans children from working in 13 specified occupations and 51 processes considered hazardous, such as: Occupations:

• Domestic help
• Roadside eateries and Dhaba
• Construction sites
• Automotive garages
• Plastic manufacturing units

Processes:

• Beedi rolling
• Soap and tanning industries
• Brick kilns
• Mica splitting
• Cotton processing

Hazardous jobs often expose children to dangerous chemicals and unsafe environments.
 

Work Regulations for Children in Non-Hazardous Jobs

• A maximum of 3 working hours at a stretch, with a 1-hour break.
• No work permitted between 7 PM and 8 AM.
• One mandatory day off every week.
   

Enforcement & Punishment

• Imprisonment: Up to one year for violations.
• Fines: Ranging from ₹10,000 to ₹20,000.
• Stricter punishments apply for repeat offences.
   

Rehabilitation Efforts

The Act tasks the government with creating rehabilitation plans and state-level action plans. These initiatives support children's education and well-being post-rescue. Case Laws Jayakumar Nat & Anr vs. State of NCT Of Delhi & Anr: The Delhi High Court directed the Government of NCT of Delhi to come out with a proper scheme to address the issue of rehabilitation of these rescued children by providing them with some kind of economic assistance so that the parents or guardians do not force them to work as child laborers again to meet their basic needs and to supplement their income for their basic survival. (Court Order: September 4, 2015) Roshan Gupta vs. The State of Bihar & Ors: The writ petition challenged fines imposed under child labour laws. The principal argument was that the petitioner had not been given a chance to clarify the situation regarding Ravi Kumar's employment. The High Court upheld the penalties. (Filed on March 20, 2012) Own Motion vs. The State of Jharkhand: The Jharkhand High Court took suo motu cognizance, questioning the State's efforts in addressing child labour. The Court directed the State to file an affidavit detailing its investigations and initiatives by the Department of Child Welfare.

Conclusion
Child labour remains a global problem that demands sustained and coordinated action. In India, while progress has been made, systemic challenges such as poverty and limited educational access continue to drive child labour. The inconsistency in age criteria across various Indian laws also poses a challenge when compared with ILO standards.

Efforts must be made to align legal provisions with global norms, enforce them effectively, and provide educational alternatives for vulnerable children. The end of child labour is achievable through a combination of strong legal measures, education mandates, and active societal engagement.

Recommendations:

• Strengthen enforcement mechanisms and regulatory oversight.
• Promote NGO involvement in monitoring and advocacy.
• Mandate compulsory primary and vocational education.
• Create employer obligations around child education and skill training.
• Shift public attitudes and generate political will to drive long-term change.
• Discourage the public from hiring children for domestic, industrial, or commercial work.
• Support and partner with organizations like Save the Children for awareness and action.

Written By: Apoorwa Tripathi, 4th Year BBA LL.B (Hons. ) student, Graphic Era Hill University, Dehradun, Uttarakhand.