All Papers/Social Justice, Human Rights and Social Welfare in India (2022-23)/Q8
Q8
10 Marks

Part B (Q8): Explain the important features of Child Labour (Regulation & Prohibition) Act, 1986.

Expert Answer

The Child Labour (Regulation and Prohibition) Act, 1986 was enacted to tackle the pervasive issue of child labor in India. However, its original philosophy was controversial: it did not aim for a blanket ban on all child labor. Instead, it distinguished between "hazardous" and "non-hazardous" work.

(Note: This act was significantly amended in 2016 to impose a complete ban on employing children below 14 in all occupations. However, analyzing the original 1986 provisions is crucial for historical context).

Salient Features of the Original 1986 Act:

  1. Definition of a Child: The Act defined a "child" as a person who has not completed their 14th year of age.
  2. The Core Philosophy (Prohibition vs. Regulation):
    • Prohibition: The Act strictly prohibited the employment of children below 14 in specific hazardous occupations and processes listed in the Schedule (e.g., railway transport, bidi-making, carpet-weaving, mining).
    • Regulation: For "non-hazardous" occupations (e.g., working in a non-hazardous shop, restaurant, or agriculture), the Act did not ban child labor. Instead, it tried to regulate the working conditions.
  3. Regulations on Working Conditions (For non-hazardous jobs):
    • Working Hours: A child could not work for more than 3 hours continuously without a mandatory rest interval of at least 1 hour. Total working hours could not exceed 6 hours a day.
    • Night Shifts: Total prohibition on children working between 7:00 PM and 8:00 AM.
    • Overtime: Complete ban on overtime work.
    • Weekly Holiday: Every child worker was legally entitled to one whole day of rest every week.
  4. Penalties: Employers violating the prohibition clause faced imprisonment (3 months to 1 year) or a fine (Rs. 10,000 to Rs. 20,000), or both.
  5. Technical Advisory Committee: Established a committee to advise the government on adding new occupations to the prohibited "hazardous" list over time.