Child Labour (Prohibition and Regulation) Act, 1986

Child Labour (Prohibition and Regulation) Act is an Indian law that prohibits the employment of children in certain occupations and regulates the conditions of work of children in certain other employments. The Act defines a child as a person who has not completed 14 years of age. It prohibits private, government, or semi-government companies, organisations, civil departments, or a child’s family from employing a child or adolescent in any occupation or process. The Act also lays down enhanced penalties for the employment of children in violation of its provisions and other Acts that forbid the employment of children.

Child Labour (Prohibition and Regulation) Act, 1986

Child Labour

Child labour refers to the engagement of children below a certain age in any economic activity for pay or otherwise. It deprives children of their childhood, education, and basic rights, often exposing them to hazardous working conditions and physical, mental, and emotional harm.

Constitutional Provisions Related to Child Labour in India

Article	Description
Article 21 A	The State shall provide free & compulsory education to all children of the age of 6-14 years in such manner as the State may by law, determine.
Article 24	It states that No child below the age of 14 years shall be employed to work in any factory or mine or engage in any other hazardous employment.
Article 39 (e)	The State should direct its policies towards securing that the health & strength of workers, men & women & the tender age of children aren’t abused & that the citizens aren’t forced by economic necessity to enter avocations unsuited to their age or strength.

Child Labour in India

Despite legal and constitutional safeguards, India still faces a significant child labour problem. Estimates suggest millions of children, particularly in rural areas, are engaged in various activities like agriculture, brick kilns, domestic work, and garment manufacturing.

Despite the laws and protections in place, India continues to deal with the issue of child labour. It is estimated that millions of children, specifically in rural areas, are involved in different activities such as agriculture, brick kilns, domestic work, and garment manufacturing.

Some statistics regarding Child Labour in India:

• According to Census 2011 data, there are 10.1 million child labourers in India, including 5.6 million boys and 4.5 million girls.

• About 42.7 million youngsters in India are not attending school. However, between 2001 and 2011, the number of children employed in India fell by 2.6 million.

• Of these, 10.1 million (3.9% of the total kid population) work as ‘main or marginal’ workers.’

• Uttar Pradesh, Bihar, Rajasthan, Maharashtra, and Madhya Pradesh account for roughly 55% of all working children in India.

Impact of the Child Labour Prohibitions Act in India

• Decline in child labour participation rates in some sector

• Increased awareness and public discourse on the issue

• Improved rescue and rehabilitation efforts for child labourers

• Challenges remain in effective enforcement and addressing root causes

International Laws on Child Labour

• ILO Convention No. 138: Sets the minimum age for employment at 14 years and prohibits hazardous work for adolescents.

• UN Convention on the Rights of the Child: Recognizes the right of every child to be protected from economic exploitation and harmful work.

UNICEF’s Work against Child Labour in India

• Supports government initiatives

• Promotes education and skill development

• Raises awareness and advocates for policy changes

Causes of Child Labour

Child labour, or the employment of children in exchange for wages in any type of economic activity, is still a complicated and ongoing problem in India. It is crucial to understand the root causes of exploitation, despite recent progress, to effectively fight it.

Some of the main causes of child labour in India are:

Poverty and Financial Difficulties

• This is the main reason why families are being forced to use child labour. Families with little money rely on the wages of their children to balance their limited resources and pay for basic necessities like food, housing, and medical care.

• Because of the continual absence of access to basic necessities and other sources of income, marginalised populations and rural areas are the most vulnerable.

• Families stuck in a cycle of intergenerational poverty may have to force their children to work rather than send them to school, which increases the problem

Lack of Access to Quality Education

• Limited access to affordable quality education, especially in rural areas, leads children to forced labour. Schools might be far from home, have a lack of qualified teachers, or have a high dropout rate.

• Children that lack education and skills are forced into low-paying, frequently dangerous work that limits their educational and career options.

• In addition, families in poverty may view schooling as having a large opportunity cost, causing them prioritize short-term earnings from child labour over the long-term benefits.

Social customs and norms

• Child labour is acceptable—in some cultures, it’s even encouraged—as a way of teaching children responsibility and helping the family out financially. Because of this social acceptance, it may be difficult to legalise the practice, requiring steps for changing perspectives in society.

• Gender roles also play a part; girls are frequently under more pressure to help with caregiving and chores at home, which restricts their access to education and makes them more prone to child labour in domestic sectors.

Demand for Cheap Labour

• Because of their lower pay and sense of weakness, several industries—such as agriculture, brick-making factories, and the informal sector—are prepared to employ minors since they need low-cost labour.

• Employers are further encouraged to exploit children by inadequate regulation and a lack of strict enforcement of child labour regulations.

Vulnerability and Displacement

• Childrens who are displaced as a result of natural disasters or conflicts, orphans, abandoned kids, and members of minority populations are more likely to become victims of child labour methods.

• They frequently lack social networks, are socially isolated, and are easily taken advantage of by employers who are unethical or traffickers.

Conclusion

In India’s battle against child labour, the Child Labour (Prohibition and Regulation) Act is an important turning point. The story does not, however, end with its conclusion. To address unresolved problems, strengthen enforcement, and address the root causes of poverty and a lack of educational opportunities, more work must be done. India can work toward a future where every kid has the right to a safe, healthy, and productive childhood, free from exploitation and injustice, through consistent engagement between the government, civil society, businesses, and communities. Remember that the Act’s ending is just a single chapter in a larger story; the battle against child labour is a continuous struggle. To make sure that every child’s version of the story ends happily, we must all contribute.

FAQs on Child Labour Act

What is Child Labour?

Child labour refers to the engagement of children below a certain age in any economic activity for pay or otherwise. It deprives children of their childhood, education, and basic rights, often exposing them to hazardous working conditions and physical, mental, and emotional harm.

What is the Child Labour (Prohibition and Regulation) Act?

The Child Labour (Prohibition and Regulation) Act was passed in 1986. This landmark Act prohibits the employment of children below 14 years in any occupation and restricts adolescents (14-18 years) from hazardous occupations listed in a Schedule. It also regulates working hours, rest periods, and health examinations for non-hazardous work permitted for adolescents. This Act forbids employing kids under 14 in any job and limits teenagers (14-18 years) from being involved in risky jobs listed in a schedule. It also controls work hours, breaks, and health check-ups for non-hazardous jobs allowed for teenagers.

State the main causes of Child Labour in India.

The main causes of child labour in India are:

• Poverty and financial instability

• Lack of Quality education

• Demand for cheap labour

What steps are being taken in India to address child labour?

The steps being taken to address child labour in India are: a. National Child Labour Project (NCLP): Provides vocational training and rehabilitation support to rescued children. b. Right to Education Act (RTE): Makes education free and compulsory for children aged 6-14, aiming to reduce the need for child labour. c. Integrated Child Development Services (ICDS): Offers early childhood care and education, potentially diverting children from labour.

What are the international laws on child labour?

The International Laws on Child Labour are: a. ILO Convention No. 138: Sets the minimum age for employment at 14 years and prohibits hazardous work for adolescents. b. UN Convention on the Rights of the Child: Recognizes the right of every child to be protected from economic exploitation and harmful work.