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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.
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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.
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.
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:
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.
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.
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.
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.
Employers who hire adolescents must keep a register that includes the following information:
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:
Several Child Labour in India, Law regulations will prohibit child labour, like:
The Factories Act, 1948
As per the cited Act, children younger than the age of 14 are not permitted to work in any factory. This Child Labour law also stipulated who, when, and for how long children aged 15 to 18 could work in factories.
The Mines Act, 1952
As per this child labour Law, children aged less than 18 years are not permitted to work in any factory. Mines are considered one of the most dangerous occupations, contributing to significant major accidents that have taken the lives of children in the past, and are completely prohibited for them.
The Child Labour (Prohibition and Regulation) Act, 1986
As per this child labour Act, children younger than the age of 14 are not permitted to work in hazardous businesses as prescribed in the law list.
The Right of Children to Free and Compulsory Education Act, 2009
As per this child labour Act, children aged between 6 must get free and compulsory education. This legislation also required that in any private school, at least 25% of seats be reserved for physically challenged or vulnerable groups of children.
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:
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 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:
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.
The Act prohibits the employment of children in certain occupations and processes and outlines regulations to ensure the working conditions for adolescents are safeguarded.
Yes, hazardous industries and occupations are strictly off-limits for child labour in India. A list of such industries is provided under the law.
Violations of child labour laws can lead to penalties, including fines and imprisonment for employers. The severity of penalties is designed to deter any form of child labour.
The law identifies and prohibits children from engaging in hazardous work, to protect them from physical and psychological harm.
Rehabilitation programs for children rescued from child labour focus on providing education, skill development and psychological support to facilitate reintegration into society.
Certain exemptions may exist for family-owned enterprises, but conditions and restrictions are in place to ensure the well-being and education of the child.
Individuals can inform authorities or use helplines to report instances of child labour. The enforcement process involves investigation and legal action against violators.
Generally, child labour is prohibited, but there may be specific conditions or exemptions defined by the law. However, these are typically subject to stringent safeguards to protect the child's interests.
