The Child Labour (Prohibition and Regulation) Amendment Bill

MINISTRY OF LAW AND JUSTICE,

The Child Labour (Prohibition and Regulation) Amendment Bill

The Child Labour (Prohibition and Regulation) Amendment Bill

The Child Labour (Prohibition and Regulation) Amendment Bill, 2012 was introduced in the Rajya Sabha on, December 4, 2012.

The Bill seeks to amend the Child Labour (Prohibition and Regulation) Act, 1986, which prohibits the engagement of children in certain types of occupations and regulates the condition of work of children in other occupations.

The Act prohibits employment of children below 14 years in certain occupations such as automobile workshops, bidi-making, carpet weaving, handloom and power loom industry, mines and domestic work. In light of the Right of Children to Free and Compulsory Education Act, 2009, the Bill seeks to prohibit employment of children below 14 years in all occupations except where the child helps his family after school hours.

The Bill adds a new category of persons called “adolescent”. An adolescent means a person between 14 and 18 years of age. The Bill prohibits employment of adolescents in hazardous occupations as specified (mines, inflammable substance and hazardous processes). The central government may add or omit any hazardous occupation from the list included in the Bill. The Bill enhances the punishment for employing any child in an occupation. It also includes the penalty for employing an adolescent in a hazardous occupation. The government’s decision is in line with the convention of the International Labour Organisation (ILO), which prohibits any form of child labour until the age of 14..

Also, Find the Below:- Official Gazette of Child labour act India Click here

The Child Labour (Prohibition and Regulation) Amendment Act, 2016 receives the assent of the President on 29th July 2016. The Act came into force in order to amend Child Labour (Prohibition and Regulation) Act, 1986. Mentioned below are the following amendments that have taken place due to the amendment Act.

  • AMENDMENT IN LONG TITLE: “An Act to prohibit the engagement of children in all occupations and to prohibit the engagement of adolescents in hazardous occupations and processes and the matters connected therewith or incidental thereto.”
  • AMENDMENT IN SHORT TITLE: “the Child Labour (Prohibition and Regulation) Act, 1986”, the words, brackets and figures “the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986” shall be substituted.
  • SUBSTITUTION OF NEW SECTION FOR SECTION 3: (1) No child shall be employed or permitted to work in any occupation or process. (2) Nothing in sub-section (1) shall apply where the child,— (a) helps his family or family enterprise, which is other than any hazardous occupations or processes set forth in the Schedule, after his school hours or during vacations; (b) works as an artist in the audio-visual entertainment industry, including the advertisement, films, television serials or any such other entertainment or sports activities except the circus, subject to such conditions and safety measures, as may be prescribed: Provided that no such work under this clause shall affect the school education of the child. Explanation.—For the purposes of this section, the expression, (a) ‘‘family’’ in relation to a child, means his mother, father, brother, sister and father’s sister and brother and mother’s sister and brother; (b) ‘‘family enterprise’’ means any work, profession, manufacture or business which is performed by the members of the family with the engagement of other persons; (c) ‘‘artist’’ means a child who performs or practices any work as a hobby or profession directly involving him as an actor, singer, sportsperson or in such other activity as may be prescribed relating to the entertainment or sports activities falling under clause (b) of sub-section (2).
  • INSERTION OF NEW SECTION 3A: No adolescent shall be employed or permitted to work in any of the hazardous occupations or processes set forth in the Schedule: Provided that the Central Government may, by notification, specify the nature of the non-hazardous work to which an adolescent may be permitted to work under this Act.
  • AMENDMENT OF SECTION 14: (a) for sub-section (1), the following sub-sections shall be substituted, namely:— “(1) Whoever employs any child or permits any child to work in contravention of the provisions of section 3 shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years, or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both: Provided that the parents or guardians of such children shall not be punished unless they permit such child for commercial purposes in contravention of the provisions of section 3. (IA) Whoever employs any adolescent or permits any adolescent to work in contravention of the provisions of section 3A shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both: Provided that the parents or guardians of such adolescent shall not be punished unless they permit such adolescent to work in contravention of the provisions of section 3A. (1B) Notwithstanding anything contained in sub-section (1) and (1A) the parents or guardians of any child or adolescent referred to in section 3 or section 3A, shall not be liable for punishment, in case of the first offence.”. (b) for sub-section (2), the following sub-sections shall be substituted, namely:— “(2) Whoever, having been convicted of an offence under section 3 or section 3A commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years. (2A) Notwithstanding anything contained in sub-section (2), the parents or guardian having been convicted of an offence under section 3 or section 3A, commits a like offence afterwards, he shall be punishable with a fine which may extend to ten thousand rupees.”. (c) clauses (a), (b) and (c) of sub-section (3) shall be omitted.
  • Insertion of new sections 14 A, 14 B, 14 C, 14 D & 17 A and 17 B.
  • AMENDMENT OF SECTION 18 :
  • (i) clause (a) shall be re-lettered as clause (b) thereof and before clause (b), as so re-lettered, the following clause shall be inserted, namely:— (a) the conditions and the safety measures under clause (b) of sub-section (2) and other activities under clause (b) to Explanation of sub-section (2) of section 3;
  • (ii) in clause (b), as so re-lettered, for the words “Child Labour Technical Advisory Committee”, the words “Technical Advisory Committee” shall be substituted.
  • (iii) clauses (b), (c) and (d) shall be re-lettered as clauses (c), (d) and (e) thereof and in clause (c) as so re-lettered, for the word “child”, the word “adolescent” shall be substituted;
  • (iv) after clause (e), as so re-lettered, the following clauses shall be inserted, namely:— “(f) the manner of payment of the amount to the child or adolescent under sub-section (4) of section 14B; (g) the manner of composition of the offence and payment of the amount to the appropriate Government under sub-section (1) of section 14D; (h) the powers to be exercised and the duties to be performed by the officer specified and the local limits within which such powers or duties shall be carried out under section 17A.”.
  • Substitution of new Schedule for the Schedule.