DR.
RAM MANOHAR LOHIYA NATIONAL
LAW UNIVERSITY
2022 – 2023
SUBJECT- BASICS OF LEGISLATION
PROJECT TOPIC – AN OVERVIEW OF CHILD LABOUR (PROHIBITION
AND PREVENTION) ACT:1986
SUBMITTED BY: SUBMITTED TO:
ANSHAL JAISWAL DR. SHASHANK SHEKHAR
ENROLLMENT NO :220101028 ASSISTANT PROFESSOR
B.A.L.L.B (HONS.) (BASICS OF LEGISLATION)
SEMESTER: I RMLNLU, LUCKNOW
SECTION: A
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DECLARATION
I hereby declare that the project work entitled “AN OVERVIEW OF
CHILD LABOUR (PROHIBITION AND PREVENTION)
ACT:1986” submitted to the Dr. Ram Manohar Lohiya National Law
University, Lucknow is a record of an original work done by me under
the guidance of Dr. Shashank Shekhar, Professor, Basics Of
Legislation, RMLNLU and this project work is submitted in the partial
fulfilment of the requirements for the award of the degree of B.A. LLB.
(Honours).
The results embodied in this thesis have not been submitted to any other
University or Institute for the award of any degree or diploma.
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ACKNOWLEDGEMENT
I would like to express my gratitude towards all those whose help and
constant support the project would not have reached its current facet.
Foremost I would like to thank Dr. Shashank Shekhar for her kind guidance
and for quenching my queries on many doubts and technicalities which I
came up during the making of this project. I would take advantage of this
situation to thank the Hon’ble Vice Chancellor, Prof. Subir K Bhatnagar, and
Dr. Ram Manohar Lohiya National University for providing me with such an
enriching opportunity to work and research on this topic.
This project would not have seen the light of the day without the constant
direction and guidance of my parents and guardians to whom I owe a lot.
I would also like to thank all of my friends and seniors who aided me along
the way. I must also extend my gratitude to the library and library personnel
who provided me with research material and good books to work upon and
the distinguished authors, jurists and journals for providing in the public
domain such invaluable information.
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TABLE OF CONTENT
1 INTRODUCTION 5
2 RIGHT OF CHILD AND THE INDIAN 6
CONSTITUTION
3 PROHIBITION OF EMPLOYMENT OF CHILDREN 7
IN CERTAIN OCCUPATION AND PROCESSES
4 CHILD LABOUR TECHNICAL ADVISORY 8
COMMITTEE
5 REGULATION OF CONDITION OF WORK OF 9
CHILDREN
6 MISCELLANEOUS 11
7 REPEALS AND SAVINGS 13
8 CHILD LABOUR (PROHIBITION AND 14
REGULATION) AMENDMENT ACT-2016
9 CASE LAWS 15
1 CONCLUSION 16
0
1 REFERENCES 17
1
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INTRODUCTION
The Government of India had promulgated legislation, The Child
Labour (Prohibition and Regulation) Act, 1986 to regulate
provisions related to child labour practices in India. The
Government made substantial changes in the provisions of the Act
in the year 2016 and from then on a complete prohibition has been
imposed on the employment of children who are below the age of
14 years. Many provisions have been made under this Act for the
employment of children who are above the age of 14 years.
The Act prohibits the employment of children under the age of 14.
It expressly forbids all children under 14 from working in specific
dangerous jobs or operations. It forbids the employment of minors
in 16 activities and 65 processes that are deemed detrimental to the
child’s health and mind. The Act also governs industries in which
children are permitted to work, and it imposes stiff consequences
on employers that break the law, including monetary fines and
prison sentences. The Act excludes family units and training
centres from its coverage.
The Declaration of the Rights of Child, 1959
The Declaration includes the following rights:
The child must be provided all those means which are essential
for their normal development.
If a child is found to be hungry or sick then the child must be
fed and nursed.
If a child is backward or delinquent then the child must be
helped and recovered.
In case the child is an orphan or abandoned then shelter should
be provided to the child.
In times of distress, relief must be provided to children first.
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The children must be protected from every kind of exploitation
when they are put in a position to earn a livelihood.
The children must be made conscious of the fact that the talent
they possess should be devoted to the service of their fellow
men.\
The International Convention on the Rights of the Child, 1989
The International Convention on the Rights of the Child, 1989 is a
human rights treaty that includes the rights of children which are
related to civil, political, social, health and cultural rights. A child is
defined by the Convention as a human being who is under the age of
eighteen years unless the law applicable to the child specifies a
different age clause for the age of majority.
Rights of Child and the Indian Constitution
The leading amendment which is made for the protection of rights
of children is 86th Constitutional Amendment i.e. Right to
Education. Right to Education was made a Fundamental Right in
order to protect the basic right of children to receive an education.
86th amendment guarantees the following:
The right to free elementary education was made compulsory
under Article 21 A of the Indian Constitution.
Right to protection till the age of fourteen years from any kind
of hazardous employment under Article 24 of the Indian
Constitution.
Article 39(e) of the Constitution protects children from any kind
of abuse or forced employment which is not suitable for their
age and ability.
The children are provided with equal opportunities, facilities,
freedom, dignity, and protection under Article 39 (f) of the
Indian Constitution.
Article 45 of the Constitution ensures early childhood care and
education to the children till the age of 6 years.
Besides the special provisions which are made under the
Constitution, the children also have equal rights as any other
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adult citizen of the country.
Prohibition of Employment of Children in
certain occupations and processes
The occupations which are prohibited are mentioned in the Act
under the Schedule in Part A. The prohibited occupations for
children under 14 years are:
Occupations that are related to the transport of passengers,
goods or mails by railway;
Cinder picking, clearing of an ash pit or building operation in
the railway premises;
Working in a catering establishment which is situated at a
railway station and if it involves moving from one platform to
another or from one train to another or going into or out of a
moving train;
Occupation which involves work related to the construction of a
railway station or any other work where such work is done in
close proximity to or between the railway lines;
Any occupation within the limits of any port;
Work which involves the selling of crackers and fireworks in
shops having a temporary license;
Working in slaughterHouses.
Prohibited processes for children under the age of 14 years are
mentioned under the Schedule in Part B. They are as follows:
The process involving the making of Bidi
The process which involves carpet-weaving
Manufacturing cement or bagging of cement
The processes such as Cloth printing, dyeing, and weaving
The processes that involve the manufacturing of matches,
explosives, and fireworks
Mica-cutting and splitting
Any manufacturing process such as shellac manufacture, soap
manufacture, tanning
The process of wool-cleaning
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Work that is related to the building and construction industry
Manufacture of slate pencils
Manufacture of products from agate
Manufacturing processes in which toxic metals and substances
such as lead, mercury, manganese, chromium, cadmium,
benzene, pesticides and asbestos are used
Cashew and Cashewnut descaling and processing
Soldering processes in electronic industries
Power to Amend the Schedule
The Central Government has the power to amend the schedule after
giving notification in the Official Gazette. The notification for such
amendment must be given in advance of not less than three
months. The notice can be given by notification to add any
occupation in the schedule or any process to the schedule. After
such notice is provided to Official Gazette to add any occupation or
process, it is deemed to be amended accordingly.
Child Labour Technical Advisory Committee
The Central Government may if think it to necessary can constitute
an advisory committee i.e. the Child Labour Technical Advisory
Committee by giving notification about it in the Official Gazette. It
is the duty of the Committee to advise the Central Government if
there’s a need to add occupations or processes to the Schedule. The
Central Government appoints the members of the Committee but
the Committee should not exceed more than 10 members. The
Committee shall also consist of a Chairman. There isn’t any
limitation on the number of meetings Committee shall have. The
Committee shall meet whenever they feel necessary and the
meetings shall be regulated according to the procedure which shall
be decided by them.
The Committee may itself constitute one or more sub-committees
if they feel a need to do so.
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Regulation of Conditions of Work of Children
Application of Part
The provisions of this Part of the Act shall apply to an
establishment or any class of establishments in which the
occupations or processes which are referred to in Section 3 are not
being carried on.
Hours and period of work
As per the Act, no child employee shall be allowed to work in any
establishment in excess of the number of hours that have been
decided on and prescribed for such an establishment or class of
establishment. The number of hours shall be fixed by the
establishment and the child employee must not be allowed to work
for more than three hours without a break of one hour. The total
number of hours of work for a child employee shall not exceed six
hours. Six hours shall also include one hour of interval. According
to the Act, the employer cannot make a child employee work
between 7 p.m. and 8 a.m. and no employer must permit the child
employee to work overtime.
Weekly Holidays
Every child who is employed in an establishment shall mandatorily
be allowed a holiday each week. The holiday must be for a whole
day. The day on which there would be a holiday must be decided
on and a notice of the same must be exhibited in a conspicuous
place in the establishment. The notice should be of a permanent
nature and should not be altered more than once in three months.
Notice to Inspector
Notice is needed to be sent to the Inspector within whose local
limits the establishment is situated by the employer of such
establishment if he employs a child employee or by the occupier of
an establishment in which a child is employed or is permitted to
work.
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Dispute as to age
In case if a question arises between an Inspector and an occupier
on the age of the child who was permitted to work by the occupier
in an establishment then the Inspector can prescribe a medical
authority to decide on the age of such a child in case of absence of
an age certificate.
Maintenance of register
The occupier shall maintain a register which shall include
information in respect to children who are employed or permitted
to work in his establishment. The register which is made available
by the occupier for inspection at all times shall contain:
The register must contain the name and date of birth of the
children who are employed by the occupier,
Number of hours and period of work for which the child
employee is made to work.
The nature of employment and the work which the child
employee is made to do
Other particulars which may be prescribed.
Display of notice containing abstract of Sections 3 and 14
The notice containing abstract of Sections 3 and 14 shall be
displayed by every occupier in a conspicuous and accessible place
and in case the employer is railway administration or a port
authority then the notice must be displayed in a conspicuous and
accessible place at every station or within limits of a port as the
case may be. The notice put on display must be written in a local
language and in the English language.
Health and Safety
The Government may by giving a notification to the Official
Gazette make rules for the health and safety of the children who
are employed or permitted to work in an establishment or any class
of establishments if the Government feels necessary to do so.
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Miscellaneous
Penalties
“When an employer employs a child or permits a child to work in
contravention of the provisions of Section 3, the employer shall be
liable for punishment with imprisonment for a term which may
extend to one year or with fine and the fine imposed shall not be
less than rupees ten thousand and which may extend to rupees
twenty thousand or with both.
Whoever is convicted for the said offence under Section 3 and
repeats the same offence again in future then he shall be punished
with imprisonment for a term which shall not be less than six
months and can be extended to two years.
Modified application of certain laws in relation to penalties
In case a person is found guilty and is convicted of contravention
of any of the provisions which is mentioned in the Act, then he
shall be liable to pay penalties as per sub-sections (1) and (2) of
Section 14 of this Act.
The provisions which are referred to in Section 14(1) of the Act are
as follows :
Section 67 of the Factories Act, 1948
Section 40 of the Mines Act, 1952
Section 109 of the Merchant Shipping Act, 1958
Section 21 of the Motor Transport Workers Act, 1961
Procedure relating to offences
A police officer, Inspector or any person can file a complaint
against an employer for the commission of an offence under the
Act. A complaint can be filed under this Act in any court which has
a competent jurisdiction for it.
In case where there is a question as to the age of a child employee,
every certificate as to the age of a child that is granted by a
prescribed medical authority shall be considered to be conclusive
evidence as to the age of the child employee to whom it relates.
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No court shall try a case of an offence under this Act which is
inferior to that of a Metropolitan Magistrate or a Magistrate of the
first class.
Appointment of Inspectors
The Government may appoint Inspectors for the purposes of
securing compliance with the provisions of the Act and any
Inspector who is appointed by the Government shall be deemed to
be a public servant within the meaning of the Indian Penal Code.
Power to make rules
The Government may make rules subject to previous publication
by giving a notification in the Official Gazette.
Rules and notifications to be laid before the Parliament or
State legislature
Every rule which is made by the Government under this Act and
every notification which is issued under Section 4, shall be laid
before each House of Parliament as soon as possible. The rules and
notifications must be laid before the houses of Parliament while
they are in session for a period of 30 days. It may be comprised in
one session or in two or more successive sessions. If both the
houses agree jointly on a modification that is to be made in the rule
or notification, then such notification or rule can be made or issued
only when such a modification is made otherwise, the rule or
notification cannot be made at all.
Certain provisions of law not barred
Subject to the provisions which are mentioned in Section 15 of the
Act, the provisions of this Act and the Rules made by the
Government under this Act shall be in addition to and not in
derogation of the existing provisions of the Factories Act, 1948 (63
of 1948), the Plantations Labour Act, 1951 (69 of 1951) and the
Mines Act, 1952 (35 of 1952).
Power to remove difficulties
In case, if any difficulty arises in giving effect to the provisions of
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the Act, then the Government may make such provisions which are
not inconsistent by order published in the Official Gazette, make
such provisions not inconsistent with the provisions of this Act by
an order which shall be published in the Official Gazette. The order
which shall be published shall not be made after the expiry of a
period of three years from the date on which the Act received the
assent of the President.
Repeal and Savings
The Employment of Children Act, 1938 was repealed by the Child
Labour (Prohibition and Regulation) Act, 1986. Notwithstanding
such repeal, anything that is done or any action that has been taken
or claimed to have been done under the Act which has been
repealed, then, in so far as the provisions of the repealed Act is not
inconsistent with the provisions of this Act shall be deemed to have
been done or taken under the corresponding provisions of the
present Act.
Amendment of Act 11 of 1948
Through the Amendment of Act 11 of 1948, the word ‘adolescent’,
‘adult’, ‘child’ was defined in Section 2 of the Minimum Wages
Act, 1948. According to the Amendment ‘adolescent’ refers to a
person who has completed 14 years of age but did not complete 18
years of age. ‘Adult’ refers to a person who has completed 18 years
of age. ‘Child’ refers to a person who has not completed 14 years
of age.
Amendment of Act 69 of 1951
Amendment of Act 69 of 1951 was made in Section 2, Section 24
and Section 26 of the Plantations Labour Act, 1951. In Section 2
the word ‘fifteenth’ was substituted with the word ‘fourteenth’.
Section 24 of the Act was omitted and in Section 26 the words
‘who has completed his twelfth year’ were omitted.
Amendment of Act 44 of 1958
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Through the Amendment of Act 44 of 1958, the word ‘fifteen’ was
substituted with the word ‘fourteen’ in Section 109 of the Merchant
Shipping Act, 1958.
Amendment of Act 27 of 1961
Amendment of Act 27 of 1961 was made in Section 2 of the Motor
Transport Workers Act, 1961. The word ‘fifteenth’ was substituted
with the word ‘fourteenth’.
Child Labour (Prohibition and Regulations)
Amendment Act, 2016
“The Act was amended in the year 2016 and some new provisions
were brought in. As per the amendment, there will be stricter
punishments for employers who violate the Act and its guidelines.
The offence is cognisable if an employer employs any child in
contravention of the Act. The amendment covered the 18
occupations along with 65 processes of the 1986 Act.
The punishments and imprisonment tenure were also amended and
made stricter.
S.
Penalties CLA, 1986 CLA, 2016
No.
Minimum- 6
Minimum- 3
Months
1. Imprisonment Months
Maximum- 2
Maximum- 1 Year
Years
Minimum- 10,000 Minimum- 20,000
2. Fine
Maximum- 20,000 Maximum- 50,000
Minimum- 6
Minimum- 1 Year
Offence if Months
3. Maximum- 3
repeated Maximum- 2
Years
Years
The amendment completely prohibits the employment of children
below 14 years of age. Only those who have their own family
business can work, given their education and health are not
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hampered. The Act also creates a new segment of adolescents for
children between the age group 14- 18 years of age and prohibits
them from being employed in hazardous activities and occupations.
After consultation and discussions with the stakeholders, the
government again amended some provisions in 2017. The
provisions were added under the Child Labour (Prohibition and
Regulation) Amendment Rules1. To protect the interests of children
and adolescents, a broad framework was made for the prevention
and prohibition of children from labour. More clarity was given
with respect to the family provision that was added by the
amendment of 2016. To ensure the effective and efficient
implementation of plans and policies, a set of duties and
responsibilities for the agencies were added to the Act.”[2]
Case Law
Bachpan Bachao v. Union of India2(2010)
In this case, the Delhi High Court decided the duties and responsibilities of the
committees that have been formed for the protection of the interests of the
children. The Commissions were directed to hear the matters related to the
abusive work in the environment wherein the child faces physical abuse as well
as mental for the age group of 14- 18 years. The commissions shall also look
into the absence of the basic requirement of medical care and food
requirements. The bench directed these commissions to determine their
objectives and plan of action within 30 days of this judgment.
Bandhua Mukti Morcha v. Union of India(31995)
In this case, a Public Interest Litigation (PIL) was filed to protect the interests of
1
https://labour.gov.in/ accessed 30th September 2022
2
(2010) 12 SCC 180
3
(1997) 10 SCC 549
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children below the age of 14 years. It was alleged that these children were made
to work in the carpet industry as child labourers. The reports of the commissions
also showed that a high number of children below the age of 14 were employed
in the industry of Uttar Pradesh. Most of these children were the SCs and STs of
Bihar. The Court directed the State to provide the socio economic justice to
these children and provide proper opportunities for their personality
development.
Conclusion
The Child Labour (Prohibition and Regulation) Act, 1986 prohibits
children from working in hazardous employment. The Act has
banned certain employments in order to prevent children from
being exploited. The Act lays down provisions for child
employment and conditions which has to be fulfilled by the
employer of the child employee. It lays down working conditions,
maximum hours or period of work, safety measures to be taken by
the employer, etc. The Government can alter or add provisions to
the Act by giving notification about it to the Child Labour
Technical Advisory Committee. The provision of the Act has
helped in reducing the rate of child employment in India. It has
reduced various hazardous risks to which child employees are
exposed at the workplace as well as the exploitation by laying
down the provisions for maximum number of hours or period of
work and various other related issues. The Act has played an
important role in reducing hazardous employment for children in
India. If it is found that the employer is employing a child in
contravention of the provisions of the Act then, such employer will
be liable for punishment which includes imprisonment or fine or
both.
Although the Act has reduced the number of child labors, this
evil is still lingering in our society due to the socio-economic
issues i.e. poverty and illiteracy and for overcoming the evil of
child labor, collective responsibility has to be taken up by the
society at large as Justice Subba Rao, the former Chief Justice of
India rightly said that; “Social justice must start with the child.
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Until and unless a tender plant is properly tended and nourished, it
has a small chance of growing into a strong and useful tree. So, the
first preference in the plate of justice should be stated to the well-
being of children.”
REFERENCES
BARE ACT
Child Labour (Prohibition and Regulation)Act, 1986
WEBSITES
[1] https://clc.gov.in/clc/acts-rules/child-labour-prohibition-and-
regulation-act-1986
[2] https://blog.ipleaders.in/child-labour-prohibition-regulation-act-
1986/?amp=1
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