Child Labour Amendment Act,2016

The Indian Factories Act 1881 was the first Indian legislation to prohibit employment of children in India, while England in 1802 was the first country to enact such child labour prohibition laws.

Before the enactment of the Child Labour (Prohibition & Regulation) Act, 1986, Children (Pledging of Labour) Act, 1933 and Employment of Children Act 1938 dealt with child labour in India.

The Constitution of India under Article 24 provides for prohibition of employment of children in factories for children under 14 years of age.

Article 39(e) of Directive Principles of State Policy directs States to not allow children to be abused and forced by economic necessity to enter avocations unsuited for their age and strength.

Gurupadswamy Committee Report on Child Labour in 1979 submitted four important recommendation touching upon fixation of minimum age, strengthening enforcing machinery, child labour advisory board setting up and educational policy formulation.

Based on the recommendations of the committee, Central Child Labour Advisory Board was set up in 1981 and Child labour (Prohibition & Regulation) Act, 1986 was enacted.

The Child labour (Prohibition & Regulation) Act, 1986 prohibited employment of children in certain specified hazardous occupation in Part A of the Schedule. The Child Labour Technical Advisory Committee progressively expanded the list of hazardous occupation and processes.

 

The 2016 Amendment made a blanket prohibition of child labour that previously covered 18 occupations and 65 processes in the 1986 Act. The 2016 Amendment also made penalties severe as stated below

 

Penalties

 1986 2016

Imprisonment

 3 months to 1 year 6 months to 2 years
               Fine     10,000 to 20,000        20,000 to 50,000
Repeat Offence Imprisonment not less than 6months extends to 2 year

Imprisonment not less than 1year extends up to 3 years.

The Child Labour (Amendment (2016) though completely ban employment of children below 14 years in all occupations and enterprises, exemptions to those run by his/her own family is given, provided the education of the child is not hampered.

The 2016 Amendment adds a new category ‘Adolescent’ between the age of 14 and 18 years of age from being employed in any hazardous occupations and processes.