Child Labour Bill Amendments

The Union Cabinet, chaired by the Prime Minister Narendra Modi, recently gave its approval for moving official amendments to the Child Labour (Prohibition & Regulation) Amendment Bill, 2012. Salient amendments to the Child Labour (Prohibition & Regulation) Act, 1986 are as follows:

Employment of children below 14 years prohibited in all occupations and processes and age of prohibition of employment linked to age under Right of Children to Free and Compulsory Education Act, 2009.

However, an exception has been made: a) where the child helps his family or family enterprises, which is other than any hazardous occupations or processes set forth in the Schedule, after his school hours or during vacations; b) where the child works as an artist in an audio-visual entertainment industry, including 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 and provided that such work does not affect the school education of the child.

A new definition of adolescent has been introduced in the CLPR Act and employment of adolescents (14 to 18 years of age) has been prohibited in hazardous occupations and processes. These provisions would go a long way in protecting adolescents from the employment not suitable to their age.

Stricter punishment for employers for violation of the Act has been proposed to act as a deterrent. Offence of employing any child or adolescent in contravention of the Act by an employer has been made cognizable. This provision would act as a deterrent against the offence of employing a child or adolescent in contravention of the Act.

Punishment for parents/guardians: In the Principal Act, the same punishment was provided for parents/guardians for permitting a child to work in contravention of the Act, as prescribed for the employer of the child.

However, taking a realistic view of the socio-economic conditions of the parents/guardians, there would be no punishment in case of a first offence by the parents/guardians and in case of a second and subsequent offence, the penalty would be a fine which may extend to Rs 10,000.

Constitution of Child and Adolescent Labour Rehabilitation Fund for one or more districts for the rehabilitation of the child or adolescent rescued. Thus, the Act itself will provide for a fund to carry out rehabilitation activities. The Right of Children to Free and Compulsory Education Act, 2009 enjoins the State to ensure free and compulsory education to all children in the age group of 6 to 14 years.

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