Q7
10 Marks

Part B (Q7): Highlight the salient features of Child Labour (Regulation and 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.