Complete ban on child labor
Q. Which of the following is/are true?
1) Children can work in family business but after school hours.
2) Employing children below 14 years in hotels is banned
3) Presently, children under the age of 14 are prohibited from employment in hazardous occupations and processes while employment in non-hazardous occupations is regulated.- Published on 21 Feb 17a. 1, 3
b. 1, 2
c. 2, 3
d. All of the above
ANSWER: 1, 2
Prohibition of Employment of Children in Factories etc. - - Article 24 prohibits the employment of children below the age of 14 years in any factory, mine or other hazardous activities like construction work or railway.
- But it does not prohibit their employment in any harmless or innocent work.
- The Child Labour (Prohibition and Regulation) Act, 1986, is the most important law for this.
- The Employment of Children Act, 1938; the Factories Act, 1948; the Mines Act,1952; the Merchant Shipping Act, 1958; the Plantation Labour Act, 1951; the Motor Transport Workers Act, 1951; Apprentices Act, 1961; the Bidi and Cigar Workers Act, 1966; and other similar acts prohibit the employment of children below certain age.
- In 1996, the Supreme Court directed the establishment of Child Labour Rehabilitation Welfare Fund in which the offending employer should deposit a fine of Rs. 20,000 for each child employed by him.
- It also issued directions for the improvement of education, health and nutrition of children.
- The Commissions for Protection of Child Rights Act, 2005 was enacted to provide for the establishment of a National Commission and State Commissions for Protection of Child Rights.
- Children’s Courts for providing speedy trial of offences against children or of violation of child rights are provided.
- In 2006, the government banned the employment of children as domestic servants or workers in business establishments like hotels, dhabas, restaurants, shops, factories, resorts, spas, tea-shops and so on.
- It warned that anyone employing children below 14 years of age would be liable for prosecution and penal action.
Complete Ban on Child Labour
1. In August 2012, the Union Cabinet approved a proposal to completely ban employment of children below 14 years in all occupations and processes.
2. The Child Labour (Prohibition & Regulation) Act, 1986, will be amended to incorporate the changes and will be renamed a Child and Adolescent Labour (Prohibition) Act.
3. Presently, children under the age of 14 are prohibited from employment in “hazardous occupations and processes” while their conditions of work in non-hazardous occupations and processes are merely regulated.
4. There has been increase in the age of prohibition for employment of children and adolescents in hazardous occupations, such as mining, from 14 to 18.
5. Employment of children below 14 years is presently prohibited in 18 occupations and 65 processes.
6. The maximum punishment for offences under the Act has been increased from one year to two years of imprisonment and from `20,00 to `50,000 fine or both.
7. For repeated offences, it has been raised to three years of imprisonment.
8. Children under 14 years can work in non-hazardous “family enterprises” after school hours and during vacations.
9. The family is defined to include not just the child’s parents and siblings, but also siblings of the child’s parents.
10. And a family enterprise includes any work, profession or business in which any family member works along with other persons.
