Child Labour (Prohibition and Regulation) Act, 1986

Introduction

The Child Labour (Prohibition and Regulation) Act, 1986, is a landmark legislation in India aimed at addressing the pervasive issue of child labour. Enacted on December 23, 1986, the Act seeks to prohibit the employment of children in certain hazardous occupations and processes while regulating their working conditions in non-hazardous sectors. This was in response to the growing concern over the exploitation of children in various industries, which often deprived them of education, health, and normal childhood development. The Act aligns with India’s constitutional commitments under Articles 24, 39(e), and 45 of the Constitution, which prohibit child labour in hazardous industries and emphasize free and compulsory education for children. It replaced the earlier Employment of Children Act, 1938, and has been a key tool for enforcing child rights. Note that this Act was significantly amended in 2016 to become the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, which expanded prohibitions and introduced regulations for adolescents (aged 14-18). However, this study material focuses on the original 1986 version as specified.

The Act is divided into four parts: Preliminary (definitions and scope), Prohibition of Employment of Children in Certain Occupations and Processes, Regulation of Conditions of Work of Children, and Miscellaneous (penalties, enforcement, etc.). It also includes a Schedule listing prohibited occupations and processes, which can be amended by the Central Government. The legislation empowers both Central and State Governments to implement its provisions, with Inspectors appointed for enforcement. Overall, the Act balances prohibition in dangerous areas with regulation to ensure safe working conditions where child labour is permitted, though the ultimate goal is eradication through education and welfare measures.

Objectives of the Act

The primary objectives of the Child Labour (Prohibition and Regulation) Act, 1986, are:

• To prohibit the engagement of children below the age of 14 in specified hazardous occupations and processes to protect their health and safety.
• To regulate the working conditions of children in non-prohibited occupations, ensuring limits on hours, mandatory holidays, and health safeguards.
• To establish mechanisms for enforcement, including advisory committees, inspectors, and penalties for violations.
• To facilitate the rehabilitation and education of working children by complementing other laws like the Right to Education Act (though enacted later).
• To raise awareness and prevent exploitation by requiring notices, registers, and age verification.

These objectives reflect India’s commitment to international conventions like the ILO Convention on Child Labour, emphasizing progressive elimination of child labour.

Key Definitions as Mentioned in the Act (Section 2)

Section 2 of the Act provides precise definitions to ensure clarity in implementation. These are verbatim excerpts from the Act for accuracy:

• Appropriate Government: Means, in relation to an establishment under the control of the Central Government or a railway administration or a major port or a mine or oilfield, the Central Government, and in all other cases, the State Government.
• Child: Means a person who has not completed his fourteenth year of age.
• Day: Means a period of twenty-four hours beginning at midnight.
• Establishment: Includes a shop, commercial establishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment.
• Family: In relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual.
• Occupier: In relation to an establishment or a workshop, means the person who has the ultimate control over the affairs of the establishment or workshop.
• Port Authority: Means any authority administering a port.
• Prescribed: Means prescribed by rules made under section 18.
• Week: Means a period of seven days beginning at midnight on Saturday night or such other night as may be approved in writing for a particular area by the Inspector.
• Workshop: Means any premises (including the precincts thereof) wherein any industrial process is carried on, but does not include any premises to which the provisions of section 67 of the Factories Act, 1948 (63 of 1948), apply.

These definitions are crucial as they determine the scope of applicability. For instance, the definition of “child” sets the age limit at 14, which was later aligned with the Right to Education Act in amendments.

Prohibition of Employment of Children (Part II)

Part II of the Act focuses on outright bans in hazardous areas to prevent exploitation and health risks.

• Section 3: Child Not to Work in Certain Occupations and Processes: No child shall be employed or permitted to work in any of the occupations set forth in Part A of the Schedule or in any workshop wherein any of the processes set forth in Part B of the Schedule is carried on. However, this does not apply to any workshop wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or recognition from, the Government. This provision ensures that children are protected from dangerous work like mining or chemical handling, but allows family-based non-hazardous activities.
• Section 4: Power to Amend the Schedule: The Central Government, after giving by notification in the Official Gazette, not less than three months’ notice of its intention so to do, may add any occupation or process to the Schedule, and thereupon the Schedule shall be deemed to have been amended accordingly. This flexibility allows the government to update prohibitions based on emerging risks.
• Section 5: Child Labour Technical Advisory Committee: The Central Government may constitute an advisory committee to advise on matters relating to the addition of occupations and processes to the Schedule. The committee consists of a Chairman and not more than ten other members appointed by the Central Government. It can constitute sub-committees and regulate its own procedures. This committee plays a consultative role in identifying hazardous work.

The Schedule is divided into Part A (Occupations) and Part B (Processes). Examples from Part A include transport of passengers/goods by railway, work in catering at railway stations, port work, selling fireworks, abattoirs, automobile workshops, foundries, and employment in dhabas/hotels. Part B lists processes like bidi-making, carpet-weaving, cement manufacture, explosives production, mica-cutting, soap-making, tanning, building construction, and many others involving chemicals, machinery, or toxins. These lists were expanded over time, but in the original Act, they covered 18 occupations and 65 processes.

Regulation of Conditions of Work of Children (Part III)

Where child labour is not prohibited, the Act regulates it to prevent abuse. This Part applies to establishments not covered under the prohibitions.

• Section 6: Application of Part: The provisions of this Part shall apply to an establishment or a class of establishments in which none of the occupations or processes referred to in section 3 is carried on.
• Section 7: Hours and Period of Work: No child shall be required or permitted to work in any establishment in excess of such number of hours as may be prescribed for such establishment or class of establishments. The period of work shall not exceed three hours before a rest interval of at least one hour, and the total spread-over (including rest) shall not exceed six hours. No work between 7 p.m. and 8 a.m., no overtime, and no double employment. This ensures children have time for rest, education, and play.
• Section 8: Weekly Holidays: Every child employed shall be allowed a weekly holiday of one whole day, specified in a notice displayed conspicuously, which cannot be altered more often than once in three months.
• Section 9: Notice to Inspector: Every occupier must send a written notice to the Inspector within 30 days of the Act’s application or employing a child, detailing the establishment’s name, management, address, and nature of work. Exemptions for family-run setups or government schools.
• Section 10: Disputes as to Age: In case of doubt about a child’s age, it is referred to a prescribed medical authority for determination.
• Section 11: Maintenance of Register: Occupiers must maintain a register with details of each child’s name, date of birth, work hours, rest intervals, nature of work, etc.
• Section 12: Display of Notice: Abstracts of Sections 3 and 14 must be displayed in local language and English at conspicuous places.
• Section 13: Health and Safety: The appropriate Government may prescribe rules for cleanliness, ventilation, lighting, drinking water, latrines, machinery safety, eye protection, and other health measures to safeguard working children.

These regulations aim to humanize child labour where it exists, though critics argue they indirectly legitimize it in non-hazardous sectors.

Penalties and Enforcement (Part IV: Miscellaneous)

The Act provides stringent penalties to deter violations and mechanisms for enforcement.

• Section 14: Penalties:
• For contravention of Section 3 (prohibition): Imprisonment from 3 months to 1 year, fine from ₹10,000 to ₹20,000, or both.
• For repeat offences: Imprisonment from 6 months to 2 years.
• For other violations (e.g., failure to maintain registers): Simple imprisonment up to 1 month, fine up to ₹10,000, or both.
• Section 15: Modified Application of Certain Laws: Penalties under this Act supersede specific provisions in the Factories Act, Mines Act, Merchant Shipping Act, and Motor Transport Workers Act.
• Section 16: Procedure Relating to Offences: Any person, police, or Inspector can file complaints. Age certificates are conclusive. Trials by Metropolitan or First-Class Magistrates.
• Section 17: Appointment of Inspectors: Appropriate Government appoints Inspectors who are public servants.
• Section 18: Power to Make Rules: For implementing provisions like committee procedures, work hours, age certificates, etc.
• Section 19: Rules and Notifications to be Laid Before Parliament/State Legislature: For scrutiny and modification.
• Section 20: Certain Other Provisions of Law Not Barred: The Act supplements other labour laws.
• Section 21: Power to Remove Difficulties: Central Government can issue orders for implementation issues within 3 years.
• Section 22: Repeal and Savings: Repeals the 1938 Act but saves consistent actions.

Sections 23-26 amend related acts to align age definitions.

Child Labour (Prohibition and Regulation) Rules, 1988

The Central Government notified rules in 1988 to operationalize the Act. Key rules include:

• Committee terms, allowances, meetings, and quorum.
• Maintenance of Form A (register) and Form B (age certificate).
• Medical authority for age disputes: Government doctor not below Assistant Surgeon.

Related Legislation: The Children (Pledging of Labour) Act, 1933

Often studied alongside, this Act voids agreements pledging child labour (under 15) and penalizes parents/guardians (fine up to ₹50), makers of such agreements (up to ₹200), and employers (up to ₹200).

Amendments and Current Status

While this material covers the original 1986 Act, it was amended in 2016 to prohibit all employment of children under 14 (with family exceptions) and regulate adolescents in non-hazardous work. This aligned with the Right to Education Act, 2009. Students should note these changes for comprehensive understanding.

Conclusion

The Child Labour (Prohibition and Regulation) Act, 1986, represents a critical step in protecting children’s rights in India. By prohibiting hazardous work and regulating others, it aims to reduce exploitation while promoting education. However, effective implementation requires robust enforcement, awareness, and socio-economic support. Challenges like poverty and weak monitoring persist, but the Act has led to rescues and policy shifts. For deeper study, refer to Supreme Court judgments like M.C. Mehta v. State of Tamil Nadu (1996), which emphasized rehabilitation funds.