Model Answer
0 min readIntroduction
The Child Labour (Prohibition and Regulation) Act, 1986, aimed to prohibit employment of children below a certain age and regulate the working conditions of those above that age. However, its implementation faced challenges, and the Act needed revisions to align with contemporary realities and international conventions like the ILO Conventions. In 2016, the Union Cabinet approved amendments to this Act, seeking to provide more effective protection to children and address the evolving nature of child labour. These amendments aim to strengthen the legal framework and ensure a more comprehensive approach to eliminating child labour in India.
Salient Features of the Proposed Amendments
The proposed amendments to the Child Labour (Prohibition and Regulation) Act, 1986, encompass several key changes:
1. Complete Prohibition of Employment
- Expanded Scope of Prohibition: The amendments completely prohibit employment of children below the age of 14 years in all occupations and any work, except in family enterprises. This is a significant departure from the earlier Act, which allowed employment in certain non-hazardous occupations.
- Prohibition of all forms of work: The amendments prohibit all forms of work for children below 14 years, including part-time work, ensuring complete protection.
2. Regulation of Employment of Adolescents (14-18 years)
- Restricted Hazardous Work: The Act regulates the employment of adolescents (14-18 years) by prohibiting them from being employed in hazardous occupations and processes. A schedule lists occupations and processes deemed hazardous.
- Working Hours & Conditions: The amendments specify working hours and conditions for adolescents, ensuring they do not work for more than six hours a day and are provided with adequate rest periods.
- Health Check-ups: Provisions for mandatory health check-ups for adolescent workers have been included to ensure their physical well-being.
3. Enhanced Penalties and Enforcement
- Increased Penalties: The amendments significantly increase the penalties for violations of the Act. Imprisonment can range from two to five years, and fines can be substantial.
- Cognizance of Offences: The Act makes offences cognizable, allowing police to investigate without a warrant.
- District Committees: The amendments empower District Committees to oversee the implementation of the Act and take necessary action against violations.
4. Definition of ‘Family Enterprise’
- The Act defines ‘family enterprise’ as an undertaking owned by the parents or guardians of the child, allowing children to assist in non-hazardous activities within the family business. This provision aims to balance the need for protection with the realities of rural livelihoods.
5. Fund for Child Labour Rehabilitation
- The amendments propose the establishment of a ‘Child and Adolescent Labour Rehabilitation Fund’ to provide financial assistance to children and adolescents rescued from labour.
Comparison with the 1986 Act:
| Feature | Child Labour (Prohibition and Regulation) Act, 1986 | Proposed Amendments (2016) |
|---|---|---|
| Prohibition of Employment | Children below 14 allowed in non-hazardous occupations | Complete prohibition of employment for children below 14 |
| Adolescent Employment | Limited regulation of adolescent employment | Strict regulation, prohibition of hazardous work, working hour limits |
| Penalties | Relatively lower penalties | Significantly increased penalties (imprisonment & fines) |
Conclusion
The proposed amendments to the Child Labour (Prohibition and Regulation) Act, 1986, represent a significant step towards strengthening the legal framework for protecting children from exploitation. By expanding the scope of prohibition, regulating adolescent employment, and enhancing penalties, the amendments aim to create a more effective deterrent against child labour. However, successful implementation will require robust enforcement mechanisms, increased awareness, and a multi-pronged approach involving government, civil society, and communities.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.