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The Child Labour (Prohibition & Regulation) Act, 1986

Name: Shalini U Hegde Roll No: 2010HRM014 Faculty: Prof Sundaram Assignment Name: The Child Labour (Prohibition & Regulation) Act 1986

The Child Labour (Prohibition & Regulation) Act, 1986

Even after a hundred years of child labour legislation and after 64 years of independence, child labour is common occurrence in India. Today their numbers exceed those of any other country.There is a crying need to study how legislation which appears to be aimed at one problem may, in practise, serve a totally different purpose. It is important to ascertain how child labour laws are used and if the laws achieve their objectives. According to the encyclopaedia of Social Science (1979): When the business of wages earning or of participation in itself or family support conflicts directly or indirectly with business of growth and education, the result is child labour. This definition is rather ambiguous and indicates that it is the outcome of a conflict between the education of children and profit motive of the employer. Francis Blanchard, Director General of the International Labour Organisation (ILO: 1983), has stated: The first problem is in the definition inherent in the notions of child work and labour. Child labour includes children prematurely leading adult lives, working long hours for low wages under conditions damaging to their health and to their physical and mental development, sometimes separated from their families, frequently deprived of meaningful education and training opportunities that could open up for them a better future.

Child work is often regarded as natural and is therefore considered a low priority within the government agencies as well as workers and employers associations. As child labour is often illegal there is a widespread attempt by parents, employers and children themselves to conceal it. There is a high degree of indifference and ignorance about the consequences of child labour on children, the economy and society at large. It thus becomes necessary to distinguish between child work and child labour. All work are not bad for children because some light work, properly structured and regulated is not child labour. This implies that work which does not detract from other essential activities for children are not child labour.

In the context of child labour, however there has to be a prescribed age-limit below which a child should not be allowed to work. The ILO refers to children as young person below 15 yrs of age. The Child Labour Act 1986, defines a child as person who has not completed 14 yrs of age.

Not a single definition of child labour exists which is exhaustive and acceptable to all the government, social scientist, NGOs etc. Yet ILO has come up with a comprehensive definition mentioned above.

The Child Labour (Prohibition & Regulation) Act, 1986

UNICEF has classified child work into 3 categories: a) within the family b) within the family but outside the home and c) outside the family.

Children were given low priority during the pre-Independence period; it was only after Independence that founding fathers of the nation became aware of the fact that employment of children is one of the manifestations of the pervading poverty in the country. Thus, the framer of the constitution deemed it necessary to make special provisions for the protection of working children in the following articles:

Article 15(3): it empowers the state to intervene and formulate special enactment that would uplift the social and legal status of children.

Article 21: guarantees to each child the protection of life and personal liberty. Article 24: prohibits the employment of children below the age of 14 years in factory, mine or any other hazardous conditions.

Article 32: same as article 24 in addition it asks the requirement of the states to interfere and stop hazardous working condition effecting the health of child labour and look after their physical, mental and social development. It also asks the states to legislate, fixing minimum age, working hours and conditions for the child labourer.

Article 39(e): imposes a duty on the state to ensure that the health and strength of children are not abused and that children are not forced by economic necessity to enter vocations unsuited to their age or strength.

Article 39(f): makes it obligatory for the state to direct its policy towards securing the health and strength of children and that they are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against moral and material abandonment.

Article 45: envisages the giving of free and compulsory primary education to children.

The Child Labour (Prohibition & Regulation) Act, 1986

CHILD LABOUR LEGISLATION IN INDIA The child labour issue was recognised in India in the Indian Factories Act 1881 where the protection of law was first extended to working children. It set the minimum age of employment in factories at 7 years and allowed the maximum of 9 hours of work per day. It also provided 4 days of holiday per month and prohibited employment of child workers in 2 factories on the same day. However, the act was applicable to factories employing 100 or more workers and therefore no protection to children working in smaller factories.

The act was amended almost every 10 years and gradually increased the age of employment. Here are few Acts which were made for prohibition of Child Labour. For instance: a) in 1891 the age was increased to 9 and work hours were reduced to 7.b)in 1901 the Mines Act prohibited children below 12 yrs to work, it also restricted child employment in open cast mines with depth of less than 20 feet.c)in 1911, the Factories Act prohibited work in certain dangerous processes and required a certificate of age and fitness.d)in 1922, the Factories Act raised the age of employment to 15 years and minimum working hours to 6.e)in 1923, the Indian Mines Act increased the age to 13 yrs and restricted the weekly hours of work for children to 54 underground and 60 above ground.f)in 1926, the Factories Act imposed penalties on parents and guardians for allowing their children to work in 2 different factories on the same day.g)in 1931, the Indian Ports Act prescribed 12 yrs as the minimum.h)in 1932, the Tea District Emigrant labour Act was passed to check the migration of labourers and provided that no child under 16 be employed or allowed to migrate unless accompanied by parents or adults. i)in 1933, the Children (Pledging of labour)Act prohibited taking of advances by parents and guardians in return for bonds if the child is under 15 yrs. j) in 1948, the Factories Act employment of children under 14 yrs of age was prohibited. k) in 1948, the Minimum Wages Act children were not allowed to work in night (7 pm to 6 am), children permitted to work in plantation only where certificate of fitness is granted by certifying surgeon and on completion of 15 days work one day leave with pay was allowed. l) in 1951, the Plantation Labour Act children were allowed to work for 27 hours a week. m) in 1952, the Mines Act, employment of children below the age of 14 was prohibited. n)in 1958, the Merchant Shipping Act, children under the age of 15 were prohibited to engage in work in any ship except in certain specified cases. o) in 1961, the Motor Transport Workers Act, employment of children under 14 years of age was

The Child Labour (Prohibition & Regulation) Act, 1986

prohibited. p) in 1966, the Bidi and Cigar Workers (Condition of employment)Actemployment of children under 14 years of age was prohibited and finally the Child Labour (Prohibition and Regulation) Act was passed in 1986 which gave total emphasis on child labour which mentioned that except in the process of family based work or recognised school based work children are not permitted to work in occupation concerned with the following:

THE SCHEDULE (PART A)

Occupations: Any occupation concerned with: -

(1) (2) (3)

Transport of passengers, goods or mails by railways; Cinder picking, clearing of an ash pit or building operation in the railway premises; Work in a catering establishment at a railway station, involving the movement of a vendor or any

other employee of the establishment from the one platform to another or in to or out of a moving train; (4) Work relating to the construction of a railway station or with any other work where such work is

done in close proximity to or between the railway lines; (5) (6) (7) A port authority within the limits of any port; * (6) # (7) Work relating to selling of crackers and fireworks in shops with temporarylicenses; Abattoirs/Slaughter House;

(9) (10) (11) (12) (13) (14)

$ (8)

Automobile workshops and garages;

Foundries; Handling of toxic or inflammable substances or explosives; Handloom and power loom industry; Mines (underground and under water) and collieries; Plastic units and fiberglass workshops;

PART B (Processes) (1) Beedi-making.

The Child Labour (Prohibition & Regulation) Act, 1986

(2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)

Carpet-weaving. Cement manufacture, including bagging of cement. Cloth printing, dyeing and weaving. Manufacture of matches, explosives and fire-works. Mica-cutting and splitting. Shellac manufacture. Soap manufacture. Tanning. Wool-cleaning. Building and construction industry. * (12) * (13) Manufacture of slate pencils (including packing). Manufacture of products from agate.

* (14) Manufacturing processes using toxic metals and substances such as lead,mercury,

manganese, chromium, cadmium, benzene, pesticides and asbestos. (15) # (15) Hazardous processes as defined in Sec. 2 (cb) and dangerousoperation as notice in

rules made under section 87 of the Factories Act, 1948 (63 of 1948) (16) # (16) Printing as defined in Section 2(k) (iv) of the Factories Act, 1948 (63 of1948)

# (17) Cashew and cashewnut descaling and processing.

# (18) Soldering processes in electronic industries.

$ (19) Aggarbatti manufacturing. Automobile repairs and maintenance including processes incidental thereto namely, welding, lathe work, dent beating and painting.

(20) (21)

Brick kilns and Roof tiles units. Cotton ginning and processing and production of hosiery goods.

The Child Labour (Prohibition & Regulation) Act, 1986

(22) (23) (24) (25) (26) (27) (28) (29)

Detergent manufacturing. Fabrication workshops (ferrous and non ferrous) Gem cutting and polishing. Handling of chromite and manganese ores. Jute textile manufacture and coir making. Lime Kilns and Manufacture of Lime. Lock Making. Manufacturing processes having exposure to lead such as primary and secondary smelting,

welding and cutting of lead-painted metal constructions, welding of galvanized orzinc silicate, polyvinyl chloride, mixing (by hand) of crystal glass mass, sanding or scraping of lead paint, burning of lead in enameling workshops, lead mining, plumbing, cable making, wiring patenting, lead casting, type founding in printing shops. Store type setting, assembling of cars, shot making and lead glass blowing. (30) (31) glass products. (32) (33) (34) Manufacture of dyes and dye stuff. Manufacturing or handling of pesticides and insecticides. Manufacturing or processing and handling of corrosive and toxic substances, metal cleaning Manufacture of cement pipes, cement products and other related work. Manufacture of glass, glass ware including bangles, florescent tubes, bulbs and other similar

and photo engraving and soldering processes in electronic industry. (35) (36) (37) (38) (39) (40) (41) Manufacturing of burning coal and coal briquettes. Manufacturing of sports goods involving exposure to synthetic materials, chemicals and leather. Moulding and processing of fiberglass and plastic. Oil expelling and refinery. Paper making. Potteries and ceramic industry. Polishing, moulding, cutting, welding and manufacturing of brass goods in all forms.

The Child Labour (Prohibition & Regulation) Act, 1986

(42) cutting. (43) (44) (45) (46) (47) in any form. (48) (49) (50)

Processes in agriculture where tractors, threshing and harvesting machines are used and chaff

Saw mill all processes. Sericulture processing. Skinning, dyeing and processes for manufacturing of leather and leather products. Stone breaking and stone crushing. Tobacco processing including manufacturing of tobacco, tobacco paste and handling of tobacco

Tyre making, repairing, re-treading and graphite benefication. Utensils making, polishing and metal buffing. Zari making (all processes).

(53) (54) (55) (56) (57) (58)

Electroplating; Graphite powdering and incidental processing; Grinding or glazing of metals; Diamond cutting and polishing; Extraction of slate from mines; Rag picking and scavenging.

a) for item (2), the following item shall be substituted, namely:-

(2) carpet weaving including preparatory and incidental process thereof;

b) for item(4), the following item shall be substituted, namely:-

(4) cloth printing, dyeing and weaving including processes preparatory and incidental thereto:

c. for item (11) the following shall be substituted, namely:-

(11) Building and Construction Industry including processing and polishing of granite stones.

The Child Labour (Prohibition & Regulation) Act, 1986

CHILD LABOUR IN INDIA: India is home to over a billion people and nearly a third of those are under 14 yrs of age (CIA, 2002). Upto 40% of the population is under the poverty line (ILO, 1995). More children work in India than anywhere else in the world (Human right watch, 1996).Infact, 100 to 150 million children ages five to 14 are estimated to be working and nearly half of those are engaged in hazardous work. A significant number of Bonded children, somewhere between 15 to 25 million are in bonded labour.

Most prevalent in the northern part of the country, child labour is an extensive problem in India. Children under the age of 14 are forced to in hazardous industries such as glass blowing and fireworks. Factory owners find children attractive employees as they work for wages far low then adults and can be trained to work in hazardous and unhygienic conditions. The situation of children working in bonded labor is worse as they have to work 12 hrs a day, 7 days a week with barely a break for meals. They become ill nourished and underfed, children in bonded labor reach maturity physically exhausted and sometimes terminally ill or deformed (Human right watch,1996). Over the past many years the war against poverty in India has had very uneven outcomes. Trend rates of poverty reduction have differed considerably between states (World Bank, 2002). According to UNICEF report, every 3rd house has a child working as domestic servant and every 4th child works to earn wages that are the sole income of the family (UNICEF, 1997). International attention was brought to bonded child labor in the handwoven carpet industry by the case of IqbalMasih. From Pakistan, he was 12 yrs who had escaped his bondage in the carpet industry and was sharing his experiences in the international arena when he was murdered. Iqbals case raised awareness of bondage and led to the formation of organizations such as Kids Can Free the Children.

EFFECTS:

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The Child Labour (Prohibition & Regulation) Act, 1986

Child labor deprives children of educational opportunities, minimizes their chances for vocational trainings and forces them to remain unskilled laborers with low wages. The entrance of child labor into the labor market reduces the volume of employment for adult and lowers the bargaining power of adult workers.

NEED:

The present child labor projects should be expanded to cover the magnitude of the problem. Child labor law has to take a leadership role in changing the socio-economic structure of the society. The law has to be strict and penalties greater. The enactment and enforcement of child labor law has to be accompanied by simultaneous enactment and enforcement of other social laws and implementation of social and economic welfare measures.

The state cannot remain silent spectator when the future of its future citizens is in jeopardy.

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The Child Labour (Prohibition & Regulation) Act, 1986

REFERENCES:

a) Child labor legislation in India: A study in retrospect and prospect. By Helen Sekar. b) Child Labor: A Global View. By Cathryne, Elizabeth and Desi Larson. c) Human Rights Watch (1996): The small hands of slavery: Bonded Child labour in India. d) ILO (1992): world labour report. Geneva. e) Kids Can Free the Children home page from https//www.freethechildren.org. * Ins. by Notification No. S. O. 404(E) dated the 5th June 1989 published in the Gazette of India, Extraordinary. # Ins.by Notification No. S. O. 263 (E) dated 29th March,1994 published in the Gazette of India, Extraordinary. $ Ins. Sr. No. 8-13 in Part A and Sr. No. 19-51 in Part B by Notification No. S. O. 36 (E) dated 27th January 1999 published in the Gazette of India, Extraordinary. @ Ins.Sr. No. 52 57 part B by Notification No. S.O. 397 (E) dated the 10th May 2001 published in the Gazette of India, Extraordinary.

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The Child Labour (Prohibition & Regulation) Act, 1986

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The Child Labour (Prohibition & Regulation) Act, 1986