The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986: Protecting Young Workers in India

The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 is a landmark legislation in India aimed at prohibiting child labor and regulating the working conditions of adolescents. This blog post will explore the key provisions of this Act, highlighting its objectives, prohibitions, regulations, and penalties.

Background and Purpose of the Act

The Act was enacted to address the issue of child labor in India. It acknowledges the harmful effects of child labor on the physical, mental, and social development of children and seeks to eliminate exploitative practices. The Act also recognizes the need to regulate the working conditions of adolescents, who are often vulnerable to exploitation.

Key Definitions Under the Act

1. Appropriate Government: The Central Government for establishments under its control (railways, major ports, mines, oilfields), and the State Government for all other cases.

2. Adolescent: A person who has completed their 14th year of age but not their 18th year.

3. Child: A person who has not completed their 14th year of age, or such age as may be specified in the Right of Children to Free and Compulsory Education Act, 2009 (whichever is more).

4. Day: A period of 24 hours beginning at midnight.

5. Establishment: Includes shops, commercial establishments, workshops, farms, residential hotels, restaurants, theaters, and other places of public amusement.

6. Family: Includes an individual, their spouse, and their children, brothers, and sisters.

7. Family Enterprise: Work, profession, manufacture or business performed by family members with the engagement of other persons.

8. Occupier: The person who has ultimate control over the affairs of an establishment or workshop.

9. Port Authority: Any authority administering a port.

10. Prescribed: Means prescribed by rules made under the Act.

11. Week: A period of seven days beginning at midnight on Saturday night or as specified by the Inspector.

Prohibition of Child Labor

1. Prohibition of Employment of Children (Section 3):

   • The Act prohibits the employment of children (below 14 years) in any occupation or process.

   • Exceptions are made for children helping in family enterprises (excluding hazardous occupations) after school or during vacations, or working as an artist in the audio-visual industry (excluding circuses), as long as their education is not affected.

2. Prohibition of Employment of Adolescents in Hazardous Occupations (Section 3A):

   • Adolescents (14-18 years) are prohibited from working in hazardous occupations and processes as listed in the Schedule of the Act.

   • The Central Government may specify the nature of non-hazardous work that adolescents may be permitted to do.

Regulation of Working Conditions for Adolescents

The Act regulates the working conditions of adolescents in non-hazardous occupations:

1. Hours of Work (Section 7):

   • Working hours are limited to a prescribed number of hours and cannot exceed three hours at a stretch without a rest interval of at least one hour.

   • Work periods including rest cannot be spread over more than six hours a day.

   • Adolescents are not permitted to work between 7 pm and 8 am or work overtime.

   • Adolescents cannot work in two different establishments on the same day.

2. Weekly Holidays (Section 8):

   • Every adolescent is entitled to a weekly holiday of one whole day, as specified by the occupier.

3. Notice to Inspector (Section 9):

   • Occupiers must notify the Inspector about the employment of adolescents within 30 days of employment and within 30 days of the commencement of the Act.

4. Maintenance of Register (Section 11):

   • Occupiers must maintain a register showing the names, dates of birth, working hours, rest intervals, and nature of work of adolescents.

5. Display of Notice (Section 12):

   • Railway administrations, port authorities, and occupiers must display notices containing an abstract of Sections 3A and 14 of the Act.

6. Health and Safety (Section 13):

   • The State government may make rules for health and safety in the workplace, including cleanliness, waste disposal, ventilation, lighting, drinking water, latrines, and safety measures for machinery.

Penalties Under the Act

1. Employment of Children (Section 14(1)):

   • Employing a child is punishable with imprisonment from six months to two years, or a fine between ₹20,000 to ₹50,000, or both.

   • Parents or guardians are not punished unless they permit the child to work for commercial purposes.

2. Employment of Adolescents in Hazardous Occupations (Section 14(1A)):

   • Employing an adolescent in a hazardous occupation is punishable with imprisonment from six months to two years or a fine between ₹20,000 to ₹50,000, or both.

• The parents or guardians are not punished unless they permit the adolescent to work in violation of section 3A.

1. Repeat Offenses (Section 14(2) & (2A)):

   • Repeat offenses under Sections 3 or 3A are punishable with imprisonment from one to three years.

   • Repeat offenses by parents or guardians are punishable with a fine up to ₹10,000.

2. Other Violations (Section 14(3)):

   • Failing to comply with other provisions of the Act or rules is punishable with simple imprisonment up to one month or a fine up to ₹10,000, or both.

Other Important Provisions

1. Disputes as to Age (Section 10): In case of a dispute, the matter will be referred to a medical officer.

2. Modified Application of Certain Laws (Section 15): Penalties under this Act, and not those of other Acts, apply in cases of violations concerning child and adolescent labor.

3. Procedure Relating to Offences (Section 16):

   • Any person, police officer, or inspector can file a complaint in a court of competent jurisdiction.

   • A certificate of age granted by a medical authority is conclusive proof of the age of a child.

4. Appointment of Inspectors (Section 17): The appropriate government may appoint inspectors to secure compliance with the Act.

5. District Magistrate to Implement Provisions (Section 17A): The appropriate government may authorize a District Magistrate to implement the provisions of the Act.

6. Inspection and Monitoring (Section 17B): The appropriate government is empowered to conduct regular inspections and monitor adherence to the Act.

7. Power to Make Rules (Section 18): The appropriate government can make rules to carry out the provisions of the Act.

8. Rules to be Laid Before Legislature (Section 19): Rules and notifications made under the Act must be laid before the Parliament or State Legislature.

9. Act Not in Derogation of other Laws (Section 20): The Act is in addition to, and not in derogation of, other laws such as the Factories Act, 1948.

10. Power to Remove Difficulties (Section 21): The Central Government has the power to make provisions, not inconsistent with the Act, to remove any difficulties.

State Amendments

The blog also mentions amendments made by the state of Gujarat and Karnataka:

• Gujarat: Increased the fine amounts for violations.

• Karnataka: Made all offenses under the Act cognizable.

Conclusion

The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, is a vital piece of legislation that aims to protect children and regulate adolescent labor in India. It outlines the prohibitions, regulations, and penalties for violations, thereby providing a framework for a safer and more equitable society. Understanding the provisions of this Act is crucial for all stakeholders, including employers, parents, and law enforcement personnel.