Child Labour laws in India

Table of Contents
 Introduction
 Child labour definition 
 Child labour issue
 Causes of child labour
 Causes of child labour in India
 Consequences of child labour
 Consequences of child labour in India
 Types of child labour in India
 Effects of child labour
 Child labour laws in India
 Child labour laws in India its implementation and consequences
o Obstacles in the proper implementation of child labour laws
 Child labour (Prohibition and Regulation) Amendment Rules, 2017
 Child Labour (Prohibition & Regulation) Amendment Act, 2016
 Child Labour (Prohibition and Regulation) Act, 1986
o Child Labour Act, 1986
o Child Labour Act, 2016 
 Child labour laws in India pdf
 Constitutional Provisions for Child Upliftment
o
 Article 21A: Right to Education
 Article 24: Prohibition of employment of children in factories, etc.
 Article 39: The State shall, in particular, direct its policy towards securing
o Legislative Provisions Prohibiting and Regulating Employment of Children
o ILO core conventions related to Child Labour
 Convention Number 138 – Minimum Age
 Convention No.182 on Worst Forms of Child Labour
o Article 23 of the Indian constitution
 Minimum age for domestic help in India
o Minimum age for hazardous work
 Legal Age for Working in India
o Children under 14 Years of Age
o Adolescents – 14 to 18 Years of Age
o Rules for Employing Adolescents
 Child labour policies in India
o National Policy on Child Labour
 Policy
 Legislative Action Plan
 Right to Education Bill
 Rehabilitation of Children Working in Hazardous Occupations
 Child labour still a big challenge
 Role of society in child labour
 Initiatives against child labour in India
 Government initiatives against child labour in India
 Non-Governmental Organisations
 Demography of child labour 
 CRY
o
 Core CRY Principles
 CRY India
 o CRY offices in India
 How to stop child labour
 Conclusion
 References 

Introduction
Children are always considered close to God. They are considered as bringer
of happiness, joy and hope, no matter where they go. The future of the
nation depends on the children as they are undoubtedly the stepping stone in
shaping the future of any nation. If a nation treats its children properly and
provides them with the basic facilities then it would get reflected in the future
performance of the nation. The moral duty of the nation is to ensure that the
childhood of every child is protected. 

Child labour definition 

Child labour is a global phenomenon, it is not restricted to only one country.
“Child labour” is defined as the employment of children in any manual work.
According to the Child Labour (Prohibition and Regulation) Act, 1986, a
“child”  is a person who has not yet attained the age of 14 years. In this
tender age where a child is expected to grow, enjoy his or her childhood to
the fullest, seek education, gain a strong value system, he/she is forced to
work and earn a living for himself/herself and his/her family. It not only
affects his/her physical and mental development but it also puts a very
heavy burden of responsibility on the child to support his/her family. It is
frequently observed that the children are forced to become labour due to
some hardships like lack of strong financial support, lack of proper food,
clothing, shelter, livelihood etc.

International Labour Organisation [ILO] defines child labour as a work

that not only affects their childhood but also doesn’t let the children attend
the school regularly, or have a proper education. Child labour also deprives
children of their dignity, potential and childhood. Children working below the
age of 14 years are not able to develop mentally, socially, physically or
morally[1]. 

A different definition of child labour is given by the United Nation’s Children’s

Fund [UNICEF]. According to it, a child is considered as labour when:

1. His/her age is between 5 to 11 years, and 

2. At least 1 hour of economic activity is performed by him/her or he/she
is doing at least 28 hours of domestic work in a week. 
If the children are between 12 to 14 years of age then either they should be
doing at least 14 hours of economic activity or at least 42 hours of domestic
work per week to be considered as child labour[2].

According to India’s Census 2001, when a child below the age of 17 years
participate in economic activity with or without compensation, either
physically, or mentally, or both ways. Part-time help or unpaid work on
farms, a family business or any other economic activity like cultivation and
milk production for sale or domestic consumption will be included in child
labour. Child labour is classified into two groups in India:

1. Main workers: Main workers are those workers who work for at least
some months or more per year, and
2. Marginal child workers: Marginal child workers are those workers who
work for less than 6 months in a year and work at any time during the
year. 

Child labour issue

Child labour is a major issue not only in India but in every developing
country because it destroys a child’s physically as well as mentally. Because
of poverty, child labour has become more prevalent, not only in India but
globally. Children are the hope and future of a nation that is why it
constitutes a social problem. Many laws have been enacted in order to
prohibit child labour, however they haven’t been effective in curbing the
problem. The statistic report of 2017 explains that India is one of the leading
countries in Asia as it has 33 million children employed in child labour.
According to the 2011 Census, total child population was 259.6 million out of
which 10.1 million are either working as main worker or as marginal
workers[3].

Causes of child labour

Poverty, illiteracy of parents, social and economic circumstances of the family
are the main causes of child labour. Lack of awareness related to the harmful
effects of child labour and lack of access to basic and quality education,
cultural values of the family and the surroundings of the society in which one
is living, also increase the rate of child labour. High rates of unemployment
and under-employment also play a vital role in child labour.

Children who discontinue school due to family indebtedness or are expelled

from the school are more prone to child labour. Girls from socially
disadvantaged groups are at a higher risk of being forced into child labour.
Causes of child labour in India
In India, the major causes of child labour are:

1. Poverty: Children are considered helping hands of their family. In

developing countries, it is almost impossible to control child labour as
children not only have to support themselves but their families also and
provide them with a living. Due to poverty, the rate of unemployment
and underemployment are also very high and so the parents have to
send their children to work on low wages.
2. Previous debts: Due to their poor economic condition people take
loans. But they don’t have sufficient money to pay back the loans so
they not only work day and night to pay off the loans but they also
drag their children to work so that the loan could be paid off before
time and easily.
3. Professional needs: Some industries require delicate and soft hands
rather than rough hands that are required in bangle industries. So they
prefer children and not adults for such work.
4. Bonded labour: Children often work for long hours in the sun and they
are deprived of water, food. These children are seldom paid. Bonded
labour further adds to the large scale increase in child labour.
5. Domestic help: Small children often work for educated families and
irrespective of several laws that violate the employment of children,
they often welcome small children so that these children can take care
of their homes as well as their children.
6. Child sex workers: Often, girls who attained the age of puberty are
forced into prostitution in lieu of a promise that they would be given
opportunities to do glamorous jobs.
7. Forced begging: Families who can’t support themselves force their
children to beg on the roads in subhuman conditions. They get their
children maimed in order to get more money from the people. 

Consequences of child labour

Children are prone to accidents and many other types of hazards at the
workplace. Such injuries cause them social and economic harm, the effect of
which continues for their entire lives. General injuries like cuts, burns,
lacerations, fractures and dizziness are very common. Sexual abuse, STDs,
HIV/AIDS, drugs, alcoholism, sexual exploitation of girls, rape, prostitution
are also the consequences of child labour. They also face physical neglect in
food, clothing, shelter and medical treatment. Because of this, they are not
able to go to school which deprive them of basic education due to which they
have to live in poverty. Emotional neglect is also the consequences of child
labour. Children are prone to physical abuse including beating which often
leads to a physical deformity. 
Consequences of child labour in India
Child labour affects the economic welfare of a country to a great extent.
Children who work are not able to get an education and they are not able to
develop themselves physically, intellectually, emotionally, and
psychologically. Children are neither equal to adults nor do they have the
strength that the adults have and so they are not able to work for longer
hours because they totally become exhausted and this reduces their physical
strength which makes them more prone to diseases.

For India, child labour has long term adverse effects. The economy of a
country will only prosper when the country will have an educated workforce,
skills, technology and the younger generation will be a part of human capital
in the future. If child labour at a huge extent continues then there will be a
trade-off with human capital accumulation. 70% of child labour is employed
in agriculture because it requires less skilled work whereas other children are
employed in heavy industries.[4]

Diamond Fireworks Silk Carpet Domestic

Industry  Minin
industry manufacture manufacture weaving  labour

Year of the
report
which
provides for
1999 2002 2012 —- — 2013
the number
of child
labour in
India

State —- Tamil Nadu Karnataka —- — Megh

In 1997, child Official

labour An exact estimates-
involved in estimate was not 15,000 More than This s
20% of carpets
the diamond provided but children 2,500,000 using
No. of child manufactured
industry was child labour was working in labou
labour in India could
between significant in 1,100 silk disco
employed involve child NGO’s
10,000 to Tamil Nadu’s factories in expos
labour. estimates-
20,000 out of fireworks 1998. intern
around 20
1.5 million industry. media
million.
total workers.

Types of child labour in India

There is an increasing involvement of children in home-based work and in
the informal sector. Children are involved in the domestic, manual,
agricultural sector, in hazardous factories, rag-picking, beedi-rolling,
matchbox, brick kilns etc.

According to ILO, the worst types of child labour are:

1. Slavery: Slavery is when one person works for another person. Slaves

don’t have the power to demand anything. They have to work
according to the commands of their master.
2. Child Trafficking: Buying and selling of children either for labour or for
sexual exploitation.
3. Debt Bondage: When people cannot pay off their loans with their
money and belongings they are often forced to work as a labour.
4. Serfdom: When a person works on land that belongs to another
person, it is known as serfdom. The labour will either be provided with
some pay or no pay will be given.
5. Forced Labour: When a child works against his/her will then it is
termed as forced labour. 
6. Beggary: When poor parents don’t have any other way to earn a living
they often beg on roads. They also cut their child’s body part in order
to gain sympathy and to get more money. Small children are seen on
red lights asking for money for their treatments. 

Effects of child labour

Child labour is not something that needs recognition, in fact, if there is an
increase in child labour then it shows that the country has failed in providing
basic necessities to its citizens, especially children. In such cases, the effects
of childhood are only negative. It not only deprives a child of a proper
childhood but also make them the victim of physical or mental torture. The
child becomes emotionally and mentally mature at an early age which is not
a good sign. It does not create but also extends poverty as the child is not
able to get basic education and he earns very less amount of money due to
this, for his/her family. The child is also paid less. Other effects of child
labour are:

1. Children might suffer from malnutrition, drug dependency and

depression.
2. It might endangers children dignity and morals.
3. Children may be employed forcefully and they may be sexually
exploited.
4. They might become victims of sexual and physical violence.
Child labour laws in India
As compared to other countries, child labour in India is more prevalent. Out
of 179 million children, 90 million who are in the age group of 6 to 14 years
are employed and they don’t go to school. It contributes to 50% of children
in our country who are involved in child labour. Since 1933, various laws
have been made in India to control child labour. These laws include:

1. Minimum Wages Act, 1948: The State Government fixes minimum

wages that are to be provided to the workers/labourers including the
child labourers. The government fixed wages according to the type of
work and according to the class of workers.
2. The Plantation Labour Act, 1951: This Act prohibits the employment of
children below the age of 12 years, but a child above the age of 12
years can be employed only when the appointed doctor issues a fitness
certificate to that child.
3. The Mines Act, 1952: This Act provides that no child should be present
where the work of mining is going on and no child should be employed
for such work.
4. The Merchant Shipping Act, 1958: Except for a training ship, this Act
does not allow the employment of children below the age of 14 years in
a ship. Also, a person under the age of 18 years cannot be appointed
as trimmers under this Act. They can only be appointed under some
specific conditions mentioned in this Act.
5. The Apprentices Act, 1961: Unless a child attains the age of 14 years
and satisfy the standard of education and physical fitness test, he
cannot undergo an apprenticeship training.
6. The Indian Factories Act, 1948: No child below the age of 14 years
shall be employed in a factory. Also, there are rules that a factory has
to follow if they employ pre-adults that are between 15-18 years of
age.
7. The Child Labour (Prohibition and Regulation) Act, 1986 : No child who
is less than 14 years of age shall be employed in any hazardous
occupations that are provided in a list by law. This list is explained
further in the article. This list was amended not only in 2006 but also in
2008.
8. The Juvenile Justice (Care and Protection) of Children Act, 2000 : If any
person employs a child in any of the hazardous work or use the child as
a bonded labour then that person will be punishable under this Act.
9. The Right of Children to Free and Compulsory Education Act of 2009 :
Free and compulsory education must be provided to each and every
children below 14 years of age. In fact, to follow this Act efficiently,
25% of seats are also reserved in every private school for children who
 belongs to the disadvantaged group and for children who are physically
challenged. 
10. Other Acts are:

 Children (Pledging of Labour) Act, 1933.

 Employment of Child Act, 1938.
 The Bombay Shop and Establishment Act, 1948.
 The Motor Transport Workers Act, 1961.
 The Atomic Energy Act, 1962.
 Bidi and Cigar Workers (Condition and Regulation) Act, 1986.
 State Shops and Establishment Acts 
Children below the age of 14 years are not allowed to work in a factory and it
is expressly provided in Article 24 of the Indian Constitution and Section
67 of the Factories Act, 1948.

Free and compulsory education for all children up to the age of 14 years is
provided by the Directive Principle of State Policy under Article 45 of the
Indian Constitution.

Child labour laws in India its implementation

and consequences
According to the Child Labour (Prohibition and Regulation) Act, 1986 a child
below the age of 14 years cannot be employed in 16 occupations and 65
hazardous processes that are dangerous to the life of a child. These
occupations and processes are mentioned in Part III of this Act. The list of
hazardous occupations is provided in the schedule in two parts:

1. Part A, and
2. Part B.
Part A lists down various occupations that prohibit the employment of
children. These are:

1. A child should not be employed in any occupation which is related to

the transportation of passengers, goods and mail by railway.
2. A child should not be employed in a building operation in railway
premises or picking up cinder and cleaning the ash pit. 
3. Occupation related to travelling from one platform to another or
moving out of the train. It also includes any work related to the
construction of the railway station.
 4. No child should be employed in a catering establishment at a railway
station or any work which is close to the railway lines.
5. No child is allowed to be employed by the port authority which is within
the limits of any port.
6. Shops that sell crackers and fireworks on the temporary license cannot
employ children. 
7. Slaughterhouses/ Abattoirs cannot employ children. 
8. Employment of children are not allowed in garages and Automobile
workshops 
9. Workshops related to plastic units and fibreglass cannot employ
children as workers. 
10. Mines that are underwater and underground cannot use child labour.
11. Industries related to handloom and power loom are prohibited from
using children as labourers. 
12. Industries that involve the use of inflammable substances or explosives
cannot employ children.
13. Children cannot be employed in foundries.
14. It also includes occupations that involve children as domestic workers
or servants. 
15. Employment of children is also prohibited in dhabas, restaurants,
hotels, tea stalls, shops, spas or any other recreational centres. 
16. Diving is also included. 
17. Children are not allowed to work in a circus. 
18. Children cannot take care of an elephant.
Part B lists down various processes in which no child should be employed.
These are:

1. Processes which includes beedi making.

2. Processes like carpet weaving.
3. Companies related to the manufacturing of cement, as well as bagging
of cement, cannot employ children.
4. Cloth weaving and dyeing are not allowed to employ children as
workers. 
5. Matches, explosive and fireworks manufacturers are cannot employ
children.
6. Processes like mica cutting as well as splitting cannot employ children.
7. Industries which involves shellac manufacture cannot employ children.
8. Soap manufacturing units cannot use children as their labour.
9. Tanning.
10. Jobs which involve wool cleaning cannot involve children.
11. Industries related to building and construction are prohibited to employ
children.
12. Manufacturing units related to slate pencils as well as their packing are
not allowed to employ children as labourers. 
13. If toxic metals and substances like lead, mercury, manganese,
cadmium, benzene, pesticides, asbestos, chromium are used in an
industry then such manufacturing industry cannot employ children.
14. If products of agate are manufactured in any industry then such units
are not allowed to employ children. 
15. This part includes all those hazardous processes and dangerous
occupations that are defined in Section 2(cb) of the Factories Act,
1948.
16. It includes all the processes that are notified in the rule that is made
under Section 87 of the Factories Act, 1948. 
17. Printing is also included which is defined under Section 2(k) of the
Factories Act, 1948.
18. Processing and descaling of cashew and cashew nuts cannot employ
children as labour.
19. Process of soldering that is present in electronic industries also
prohibits child labour. 
20. Dent beating, printing, welding lather work that is mainly present in
automobile repairs and maintenance are prohibited from having child
labours.
21. It also includes brick kilns and roof files units. 
22. Hosier goods production, processing and ginning of cotton units cannot
seek help from children.
23. Manufacturing of detergent units cannot employ children as labour.
24. Ferrous and non-ferrous fabrication workshop units cannot employ
children as labour.
25. Polishing of gem and its cutting are not allowed to have child labour.
26. Where the work requires proper handling of chromites and manganese
ores cannot employ children as labour.
27. Manufacturing of textile and the making of coir are not allowed to have
child labour.
28. Manufacturing of lime and lime kilns. 
29. Lock making units are not allowed to have child labour.
30. Units which involves manufacturing of glass, glassware, bangles,
fluorescent tubes bulbs and other glass products cannot employ
children as labour.
31. It also includes processes that involve exposure to lead like primary
and secondary smelting, welding etc. and works related to
manufacturing of cement pipes, cement products are also included in
this.
32. Dyes manufacturer. 
33. Units, where insecticides and pesticides are manufactured, cannot
employ children as labourers.
34. Where factories deal with handling and processing of corrosive and
toxic substances, metal cleaning and photo enlarging, cannot employ
children as labourers.
35. Units where coal is burned and there is the presence of coal briquette
cannot employ children as labourers. 
36. Sports goods manufacturing which also involves synthetic materials,
chemicals and leather cannot employ children as labourers.
37. Fibreglass and plastics moulding and processing units cannot employ
children as labourers.
38. Oil-expelling, refinery units cannot employ children as labourers.
39. Units which makes the paper cannot employ children as labourers.
40. Industries related to potteries and ceramic cannot employ children as
labour.
41. Units, where moulding, cutting, polishing, welding and manufacturing
of Brass goods is done, are not allowed to have child labourers. 
42. In agriculture, children are not employed where tractors, threshing and
harvesting machines are used. 
43. All processes that included in sawmill are not allowed to have child
labourers. 
44. Processes related to sericulture are not allowed to have child
labourers. 
45. Lather products manufacturing, skinning dyeing are not allowed to
have child labourers. 
46. Crushing and breaking of stone units are not allowed to have child
labour. 
47. Manufacture of tobacco, its paste or handling it in any form is not
allowed to have child labourers. 
48. Activities that are related to graphite beneficiation, tyre making and its
repairing, re-trading are not allowed to have child labourers. 
 49. Polishing of utensils and buffing of metal units cannot employ children
as labourers.
50. All processes related to Zari making cannot employ children as
labourers.
51. Manufacturing units related to incense stick cannot employ children as
labour.
52. Electroplating. 
53. Processes that include graphite powdering and incidental processing
cannot employ children as labour.
54. Units cannot employ children as labour.
55. Industries, where diamond cutting and polishing is done, cannot
employ children as labour.
56. Units that extract slate from mines cannot employ children as labour.
57. Children are not allowed to do rag picking and scavenging. 
58. The processes which involve exposure of children to either excessive
heat or excessive cold. 
59. Mechanised fishing is also included in this. 
60. Food processing units cannot employ children. 
61. Children cannot work in the beverage industry. 
62. Where there is work like timber handling and loading children cannot
work there. 
63. Mechanical lumbering.
64. Warehousing is also included in this. 
65. It also includes processes which include exposure to stone grinding,
stone quarries.
Also, on 10th December 1996, the Supreme Court issued a direction which
provided for the recovery notice that was issued to the offending officers to
collect a sum of Rs. 2,000 per child that was employed under the provision of
the Child Labour (Prohibition and Regulation) Act, 1986. A child should not
be employed in hazardous occupations. Moreover many states including
Haryana have opened child labour rehabilitation cum welfare funds. This is
opened at a district level. Separate labour cells have also been made to
address the issue of child labour. To provide non-formal education and pre-
vocational skills, in 1998 National Child Projects have been implemented by
the Central Government. To educate poor and employed children in all the
states Sarv Shiksha Abhiyan have been launched in 2001. Non-formal
education and vocational training are provided by the Ministry of Women and
Child Development. For children’s welfare and their physical, mental,
educational development Anganbadies have also been set up.
Obstacles in the proper implementation of child
labour laws
The big obstacle in the proper implementation of child labour laws are as
follows:

1. Non-awareness: Non-awareness among people about the labour laws in

India is a cause for its poor implementation.
2. Poverty: There is a vicious circle of poverty. Many families live below
the poverty line and they cannot support their living so they send their
children to work. 
3. Illiteracy: People who are illiterate are not aware of the rules and
regulations due to lack of education. 
4. Lack of political will: Another obstacle is lack of political will as well as
the ineffective role played by the government in removing child labour.
5. Lack of efficiency: Due to inefficient administrative machinery the
labour laws are not implemented properly.
6. Unemployment: People are not able to earn due to unemployment so
they send their children to work in order to earn more.
7. Will of parents: Some parents don’t wish to send their children to
school rather than they send them to fields to work for them.
8. Lack of educational and health facilities: Due to the lack of these
facilities labour laws are not implemented properly.

Child labour (Prohibition and Regulation)

Amendment Rules, 2017
With the consultation of the stakeholders, the Government of India amended
the Child Labour (Prohibition and Regulation) Central Rules, 1986. Broad
rules were provided on prevention, protection, prohibition, rescue and
rehabilitation of child and adolescent workers. Artists have been provided
with safeguards like working hours or working conditions. These safeguards
are provided to those who have been given permission to work under this
act. It also gives the definition of family with respect to the child. It lays
down the duties and responsibilities of enforcement agencies so that all work
is done according to the provisions that are provided in this act.

        
Child Labour (Prohibition & Regulation)
Amendment Act, 2016
This Act came into force on 1.9.2016. This act completely prohibits the
employment of children who are less than 14 years of age and adolescent
employment in case of hazardous occupations and processes. This Act also
regulated the working conditions where the employment of an adolescent is
not prohibited. This Act also provides for punishment in case of violation of
any provision of this Act and the employment of children below the age of 14
years would be considered as a cognizable offence. The Appropriate
Government can empower the District Magistrate with some powers and
duties for the enforcement of the provisions of this Act. For effective
implementation of this Act, the State Action Plan is provided to all the
States/Union Territories.

Child Labour (Prohibition and Regulation)

Act, 1986
This Act provides the definition of a child. It states that a child is a person
who has not yet completed 14 years of age. This Act not only regulates the
hours of work but also the working conditions of child labourers and prohibit
employment of child labour in hazardous industries. Article 24 of the Indian
Constitution provides that no child who is less than 14 years of age should be
employed in any hazardous industries.

Child Labour Act, 1986

The employment of children who are less than 14 years of age is prohibited
by various acts but neither a procedure was laid down for this nor there were
provisions made to regulate the working conditions of the child labourers who
were employed in exploitative conditions. So, for this, a comprehensive Act
was enacted known as the Child Labour (Prohibition and Regulation) Act,
1986. For this, a bill was introduced in the Parliament called the Child Labour
(Prohibition and Regulation) Bill to achieve these objectives. After the
recommendation made by Gurupadswamy Committee 1976, the Child Labour
Act 1986 was passed on 23 December 1986. It was the Act number 61 of
1986.

This Act is divided into four parts which include 26 Sections and two Articles
A&B. The act is as follows:
 1. Part I: Preliminary. It includes Section 1 which talks about the short
title, extent and commencement of this Act and Section 2 talks about
the various definitions that are included in this Act.
2. Part II: Prohibition of Employment of Children in Certain Occupations
and Processes. It includes Section 3,4,5 of this Act. There are two
Articles A&B that are concerned with Section 3. Section 3 lists down
various occupations and processes that are already mentioned
whereas Section 4 talks about the power to amend this Act and Section
5 states that the Central Government is empowered to form a Child
Labour Technical Advisory Body.
3. Part III: Regulation of Conditions of Work of Children. It
includes Section 6 to 13 in it. Section 6 includes an application that can
be filed, Section 7 talks about the hours and period of work
whereas Section 8 talks about the weekly holidays. Section 8 states
that how can a notice to the inspector is filed and Section 10 talks
about what to do when there is a dispute as related to the age.
According to Section 11 maintenance of register is compulsory
and Section 12 and 13 talks about other formalities.
4. Part IV: Miscellaneous consists of Section 14 to Section 28 of the Act.
This part talks about provisions related to penalties, the appointment of
inspectors, the power to make rules, the power to remove difficulties
etc.

Child Labour Act, 2016 

The Child Labour (Prohibition and Regulation) Amendment Bill, 2016 was
passed by the Parliament in July 2016. This Act not only amends the Child
Labour Prohibition and Regulation Act, 1986 but also widen its scope and
provides for strict punishments in case of its violation. The Child Labour
Prohibition and Regulation Act, 1986 ban the employment in 83 hazardous
occupations and processes for the children who are less than 14 years of
age. The salient provisions of this Act are as follows:

1. In every occupations and enterprise, this Act completely prohibits the

employment of children who are less than 14 years of age. But if the
child is employed in a family business and his/her education is not
hampered then he/she can continue to be employed.
2. A new category of persons is added in this act which is known as
“adolescent”. These are the children who are more than 14 years of
age but less than 18 years. They are prohibited to take employment in
any hazardous occupations.
3. Child labour is made a cognizable offence through this Act. If a child is
employed when he/she is less than 14 years of age then the employer
will be liable for imprisonment from 6 months to 2 years or he/she will
be liable for a penalty of twenty thousand or fifty thousand or both for
 the first time. But in the case of a habitual offender, the employer is
liable for jail between 1 year to 3 years. If the parent is the offender
then a sum of Rs.10,000 is made payable as a fine and the parents are
subject to relaxed penal provisions.
4. Rehabilitation Fund for the purpose of rehabilitation of children is
created under this Act. 
5. The hazardous occupation is brought down from 83 to 3. The Union
Government is empowered under this act to add or delete any
occupation from the list that is provided in this act. The three
occupations that are considered as hazardous are mining, inflammable
substances and hazardous processes that are provided in the Factories
Act, 1948. 
6. This Act provides power to the Government to make a periodic
inspection to areas where the employment of children is banned. 
7. In order to ensure that the provisions of the law are properly
implemented, for this, the Government can give power to the District
Magistrate.
After the passing of this Act, now, the Indian law is also aligned with the
convention of ILO. A complete ban on child labour is put so that under the
Right to Education every child can get a compulsory education. The Act also
realised and allowed children to help their families and run their family
business. The penalty for violating the provisions of this act is also increased
and it is made as a cognizable offence.

Child labour laws in India pdf

One can refer to the Act and can study the provisions in detail. To see the
Act click here

1. The Child Labour (Prohibition and Regulation) Act, 1986 ,

2. Child Labour Act (Prohibition and Regulation), 2016

Constitutional Provisions for Child

Upliftment
Various constitutional provisions have been provided for the child upliftment
such as:

Article 21A: Right to Education

Article 21A of the Indian Constitution states that free and compulsory
education must be provided to each and every child who is between the age
of 6 to 14 years. Free and compulsory education must be provided in a
manner laid down by the State and in a manner law determines.

Article 24: Prohibition of employment of children in factories,

etc.
Article 24 of the Indian Constitution states that no child who is less than 14
years of age shall be employed in any hazardous factories or occupations or
industries.

Article 39: The State shall, in particular, direct its policy

towards securing
Article 39(e) of the Indian Constitution states that the factories or industries
in which labours are employed, the employer should not abuse the health
and strength of the workers be it man, woman or children of tender age. It
also provides that citizens due to their economic necessity should not be
forced to enter into any employment that is unsuited to their age, health or
strength.

Legislative Provisions Prohibiting and Regulating

Employment of Children
There are some legislative provisions that not only prohibits but also regulate
the employment of children. These are:

1. According to the Child Labour (Prohibition and Regulation) Act, 1986 a

child is a person who is less than 14 years of age.
2. Section 3 of this Act contains a schedule which provides with various
hazardous occupations and processes that abolishes the employment of
children. 
3. A Technical Advisory Committee is also constituted under this Act which
can add more occupations and processes which they considered
hazardous for children. 
4. This Act also regulates the conditions of employment and working
hours in all the occupations and processes which are not covered under
Part III. 
5. If there is a violation under Section 3 of the Child Labour (Prohibition
and Regulation) Act, 1986 then he/she will be liable for penalties
under Section 14 of the Child Labour (Prohibition and Regulation) Act,
1986. He/she will be punished with imprisonment not less than three
 months and it can extend to 1 year or fine which is not less than ten
thousand rupees which can also extend to twenty thousand rupees or
with both. 
6. The provision of this Act is enforced by the Central and the State
Government in their respective spheres. 

ILO core conventions related to Child Labour

International Labour Organisation [ILO] was established in 1919. It is a U.N.
agency for setting up the labour standards, develop policies and formulate
programmes in order to promote work for all women and men. The ILO
brings the government, employers and workers representatives of 187
member states together. Conventions and Recommendations are set up by
the International Labour Standards. This was the principal action of ILO. The
countries that ratify the conventions of the international treaties and
instruments create an obligation which is legally binding with the same
whereas the Recommendations are not only non-binding but they set out the
guidelines orienting the national policies as well as the actions. There are 8
fundamental conventions of the ILO. These are:

1. Convention number-29: Forced Labour Convention.

2. Convention number-105: Abolition of Forced Labour Convention.
3. Convention number-100: Equal Remuneration Convention.
4. Convention number-111: Discrimination(Employment Occupation)
Convention.
5. Convention number-87: Freedom of Association and Protection of Right
to Organised Convention.
6. Convention number-98: Right to Organise and Collective Bargaining
Convention.
7. Convention number-138: Minimum Age Convention.
8. Convention number-182: Worst form of Child labour Convention.
Convention number 138 that is the minimun age for admission to
employment  and Convention number 182 that is the worst forms of child
labour are directly related to child labour and this is ratified by India.

Convention Number 138 – Minimum Age

The ILO convention number 138 was adopted by the International Labour
Conference in June 1973 at its 58th session. This convention is also known
as one of the basic human rights conventions. ILO actively takes part to
promote its ratification. Any country who ratified it has to undertake:
 1. For effective abolition of child labour, each country has to design a
national policy. 
2. It also specifies the age for the entry to employment and that age
should not be less than the age which is necessary for compulsory
schooling. 
3. There should be fully physical and mental development of young
people. 
4. There should be a guarantee that the minimum age required for the
entry in employment should not compromise the health, safety and
morals of the young people and it should not be less than 18 years of
age. 

Convention No.182 on Worst Forms of Child Labour

This convention of ILO accompanies the Recommendation number 190. It
was adopted by the ILO in its 87th session which was held at Geneva in June
1999. It is referred to as one of the basic “Human Rights Conventions”. The
main provisions of this convention are:

1. The term child will be applicable to all the persons under the age of 18
years. 
2.  The worst form of child labour comprises of:

 All forms of slavery and also the practices of slavery. It includes sale,
trafficking, debt bondage, serfdom, forced labour, forced labour for use
in armed conflict. 
 Procuring or use and trafficking of children for illicit activities. It also
includes the production and trafficking of drugs that is defined in some
relevant international treaties. 
 Using the child for prostitution or pornography or pornographic
performances.
 It also includes any work that not only harms the health but also the
safety and morals of the children.

Article 23 of the Indian constitution

Article 23 and 24 of the Indian Constitution provides for the Right against
Exploitation.

Human trafficking and forced labour like beggar is prohibited under Article 23
of the Indian Constitution. The term “beggar” was defined when the British
Government and the zamindars used to force the people to carry their goods
along with them when they move from one place to another, these people
were called beggars. This was called forced labour also because no
remuneration was provided to such people. Human trafficking is the modern
form of slavery as there is an illegal trade of human beings for various
commercial purposes like sexual exploitation, prostitution or forced labour. 

The government passed the Immoral Traffic (Prevention) Act, 1956 and

the Bonded Labour System (Abolition) Act, 1976 according to the provisions
that are provided in the Constitution of India. The State cannot pay workers
less than the prescribed minimum wages even if it takes up any relief work.
Reasonable wages are to be paid to the prisoners who are sent for rigorous
imprisonment. The Supreme Court has provided that if the prisoners are not
provided with any such wages then this will not be considered as a violation
of Article 23 of the Indian Constitution. The persons who are under simple
imprisonment or preventive detention cannot be made to do manual work
but they can do the work if they want and they would require wages.

Forced Labour arises not only out of physical and legal force but also out of
compulsion due to the economic circumstances. It is completely banned. The
Supreme Court of India in the case of People’s Union for Democratic Rights
and others Vs. Union of India and others [5] which is also known as Asiad
Workers Case provided that when a person provides a service that is a
labour service and in return he/she gets remuneration less than the
minimum wage then this case falls clearly in the scope of forced labour which
is covered by Article 23 of the Indian Constitution.

Minimum age for domestic help in India

According to the Constitution of India, if a child is below the age of 14 years
then he/she can not be employed in any factory or mine or any hazardous
occupation. The minimum age that is required for employment is 14 years. If
this rule is violated then fine and imprisonment can be imposed. For more
than six hours a day, no child is allowed to work. These six hours include one
hour of rest after three hours of work. Children are not allowed to work at
night that is between 7 p.m and 8 a.m and they are also not allowed to do
overtime.

Minimum age for hazardous work

The minimum age requirement for hazardous work is 18 years. The children
cannot do night work between (22:00 to 6:00) and overtime for more than
four and a half hours. All hazardous occupations and processes are defined in
the above Article. These are contained in Section 3 of the Child Labour
Prohibition and Regulation Act, 1986 in Part A and Part B.
Legal Age for Working in India
Children who are less than 14 years of age cannot be employed in any of the
occupations or factories. If employed, the employer will be liable for
penalties. And the children who are more than 14 years of age and less than
18 years of age cannot be employed in any of the hazardous occupations or
processes.

Children under 14 Years of Age

Any child who has not yet crossed the age of 14 years will not be employed
in any occupation. But this restriction is not applicable if the child is
employed in his/her own family business and his/her education is also not
hampered. Also, a child of this age can work as an artist in industries like
audio-visual entertainment, advertisements, films, television serials or any
other sports activities but the circus is not included in this.

Adolescents – 14 to 18 Years of Age

According to Section 7 of the Child Labour (Prohibition and Regulation) Act,
1986 no child is allowed to work for more than the prescribed hours. No child
will work between 7 p.m and 8 a.m and no child will work for more than
three hours per day and the period of three hours can be extended if the
child gets a rest interval for one hour. No overtime is allowed.

To employ an adolescent following conditions must be satisfied:

1. The period of work should not exceed three hours. 

2. Work in more than one establishment is not allowed for an adolescent.
3. A holiday of one whole day must be provided to every adolescent. 
4. After working for three hours there should be a rest interval for one
hour. 
5. An adolescent can only work for six hours a day and not more than
that. 
6. Between 7 p.m and 8 a.m, no adolescent can work.
7. They cannot be forced to do overtime.

Rules for Employing Adolescents

A register with the following information must be maintained by each and
every employer employing an adolescent worker:

1. Name and date of birth of the adolescent worker.

2. Hours and periods of work he/she is employed for. 
3. The amount of rest interval provided.
4. The nature of work the adolescent is doing.
The following information must be sent by the employer to the Local
Inspector within 30 days of employing an adolescent:

1. Location and the name of the establishment. 

2. The name of the person who has the authority of actual management
of the establishment. 
3. Address on which communications can be sent.
4. The nature of processes or occupation that is carried out in the
establishment. 
Punishment for Violation of Child Labour Laws

The punishment that is provided in case of violation of labour laws are:

If there is a violation under Section 3 of the Child Labour (Prohibition and

Regulation) Act, 1986 then the employer will be liable for penalties under
Section 14 of the Child Labour (Prohibition and Regulation) Act, 1986. He/she
will be punished with imprisonment for not less than three months and it
may be extended to 1 year or fine which is not less than 10,000 rupees
which can also extend to 20,000 rupees or with both. If the offender is liable
for continuing offence under Section 3 of the Child Labour (Prohibition and
Regulation) Act, 1986 then he/she will be punishable for not less than 6
months and it can extend to 2 years.

Child labour policies in India

Following are the child labour policies in India:

National Policy on Child Labour

Policy
The National Policy of Child Labour that was incorporated in August 1987
provides the action plan that tackles the problem of child labour. It contains:
 1. The legislative action plan. 
2. General development programmes for the benefit of every child.
3. Project-based action plans that launch the projects in the areas where
there is a huge amount of child labour, for the welfare of children.
To rehabilitate the children who are involved in child labour the National
Child Labour Policy  [NCLP] was started. At first, it aims at rehabilitating the
children that are employed in hazardous occupations and processes. For this,
the sequential approach was adopted. After the survey on the children that
are employed in hazardous occupations and processes, an order was given to
withdraw children from those occupations and to provide them with schooling
in special schools.

Legislative Action Plan

This plan was formulated for the strict implementation of the Child Labour
(Prohibition and Regulation) Act, 1986 and other labour laws. It was made to
withdraw the children that are employed in hazardous occupations and
processes and make sure that the children are not employed in such
activities again and also to regulate the working conditions of those children
who are involved in non-hazardous employment. This plan can also identify
other occupations and processes as hazardous if they are detrimental to the
health and the safety of the children.

Government has been actively taking steps to tackle the problem of child
labour by enforcing strict legislative provisions and by providing rehabilitation
centres. State Governments have developed various authorities and they
have been conducting regular inspections as well as raids to areas where
there are cases of violation. Poverty is the root cause of this problem so the
State Government is providing the rehabilitation centres in order to improve
the economic conditions of poor families.

Right to Education Bill

In 2009, the Right to Education Bill was introduced by the Government of
India in order to make education reach everywhere. Implementing this Act at
the grassroots level will help to eradicate child labour. 

Rehabilitation of Children Working in Hazardous Occupations

By setting up special schools, the Government of India has formulated a
programme in order to remove child labour from hazardous occupations and
rehabilitate them. Till now, around 2 million children are withdrawn from the
hazardous occupations and processes and are enrolled in special schools
which provide them basic education, vocational training, monthly stipends,
nutrition and health checkups.
Child labour still a big challenge
Despite of several laws that are enforced in India which prohibits the child
labour still, there are many children who are employed in homes, nearby
restaurants and factories across the country. Including sexual and mental
abuse, these children are also subjected to various other types of
exploitation. June 12 is observed as Anti-Child Labour Day but activists
expressed that due to lack of enforcement of the Child Labour Act, 1986 still
there are many cases of child labour all around the world. Moreover, we
often encounter child labour several times in our daily life whom we called as
a “chhotu” yet we make them do our work rather than helping them and
putting them in a rehabilitation centre and help them achieve a good life
ahead. Child Labour is still a big challenge that needs to combat in our
society. 

Role of society in child labour

In society, child labour is affected by various factors like poverty, lack of
education, population and industrialization. If there is overpopulation then
there will be more number of family members that will lead to more food, so
in order to provide a living to their family children have to work, so, in this
way, children become the victims of factory owner’s greed. If there is
overpopulation then there will be not enough food which will lead to
malnutrition, poor education, high birth rates,
unemployment/underemployment, unequal wealth distribution, low income,
low savings and investments, lack of technology and at last low of
productivity. 

When there is industrialization, the huge factories are set up which not only
need more labour but also prefer child as a labour. Due to lack of education
parents don’t understand the importance of education and send their children
to work due to family circumstances. 

Society plays a big role in increasing the child labour because after knowing
all about what kind of evil child labour is and how badly it affects the life of a
child they still prefer small kids as their workers in large numbers not only
because they are unaware about the minimum wages but also due to
unawareness about their rights and duties and it serves as an advantage to
all the employers. The employers make them work for longer hours and pay
less. So in order to protect children from this evil, the attitude of society that
one should be benefited in each and every circumstance must change. Every
time one should not only think about his/her benefits but sometimes it is
good to think about how to save a child’s life rather than making it worse by
one’s own conduct.
Initiatives against child labour in India
Many initiatives were taken by the government as well as non-government
organisations in order to curb the problem of child labour in India.

Government initiatives against child labour

in India
In 1979, the Gurupadswamy Committee was formed to know and find all
about the child labour and ways to tackle it. Based on the recommendations
of this committee, the Child Labour Prohibition and Regulation Act was
enacted in 1986. To rehabilitate children that are working in hazardous
occupations National Policy on Child Labour was formulated. In 1988, 100
industry-specific National Child Labour Projects were implemented by the
Ministry of Labour and Employment. To combat the growing problem of child
labour the Indian Government has provided various numbers of Acts, laws,
organizations and institutions. These include the Child Labour Prohibition and
Regulation Act, 1986, this Act provides the definition of a child. It states that
a person who has not completed the age of 14 years is considered as a child.
This Act not only regulates the hours of work but also the working conditions
of child labourers and prohibit the employment of child labour in hazardous
industries and to rehabilitate the children involved in child labour, the
National Child Labour Policy [NCLP] was started in 1988. At first, it aims at
rehabilitating the children that are employed in hazardous occupations and
processes. For this, the sequential approach was adopted. 

According to the report of Osment, many NGOs like:

1. Care India, 
2. Child Rights and You, 
3. Global March against child labour,
are implemented to combat child labour by providing education and various
resources. However, these efforts proved to be unsuccessful.

Non-Governmental Organisations
NGOs are working to protect the children from the evil of child labour. These
NGOs include Bachpan Bachao Andolan, Child Rights and You (CRY), Global
March against child labour, Talaash Association, ChildFund, Care India, RIDE
India, Childline etc. Many public interest litigations have also been filed on
the problem of child labour like “PIL on child labour” which is also known as
“Hemant Goswami vs. Union of India” [6]. 
In this case, a PIL was filed by a social activist Hemant Goswami. A writ was
filed that provided there were violation and non-compliance of provisions of
the Child Labour (Prohibition and Regulation) Act, 1986 by the Union and the
States. Adv. APS Shergill who appeared for the petitioner also cited examples
where children were made to work in Punjab University. They also claimed
that when these children are recognized they are more victimised rather than
rehabilitated. Goswami and the petitioner Vishavjyoti undertook a survey in
order to find the number of child labour in the region. The Court held that the
person below the age of 18 years is to be treated as a child. There is now a
constitutional obligation to follow the provisions of the Child Labour
Prohibition and Regulation Act, 1986 and to provide free and compulsory
education for them. Facilities have to be made which provide free education. 

Demography of child labour 

In India, child labour is affected by the factors like poverty, lack of education,
population and industrialization etc. According to the Save the Children
report, children between 14-17 years of age are engaged in hazardous
occupations and processes which is equal to 62.8% of India’s total child
labour and there are more boys than girls that is 38.7 million boys are
engaged and 8.8 million girls. In rural India, 80% of the children were found
working. According to the reports of the United Nations Children’s Fund
(UNICEF), there is a 54% increase in child labour in urban areas than in rural
areas.[7]

The Campaign Against Child Labour study provides that approximately

12,666,377 child labour is present in India. Uttar Pradesh has 19,27,997
child workers and Delhi, the capital of India has over 1 million child workers.
Other states with approximately similar figures are Bihar, Rajasthan,
Maharashtra, Madhya Pradesh and Uttar Pradesh.[8]

The National Sample Survey [NSSO] claims that child labour rates are
highest among Muslim Indians that is 40% higher than Hindu Indians. There
is less child labour in minority religion in India. The rate of child labour in the
tribal population is 3.8%. Due to malnutrition, India has more number of
child labour that is 48.2% which is equal to Colombia’s population.[9]

According to the report of Children’s Stolen Childhood’s population, 3.1

million children are part of India’s workforce.[10]

CRY
Child Rights and You [CRY] is a non-governmental and non-profitable
organisation that was made in order to provide basic children rights to those
children who are deprived of it. It was established in 1976. This organisation
was started by Rippan Kapur. A simple decision was made by 7 friends to
change the lives of India’s underprivileged children. With only 50 rupees and
a dining table as resources, these 7 people belief to change the lives of the
children who were suffering. This was how this organisation began. This
organisation is open for donations so that people worldwide can participate
and help in changing the lives of children who are stuck in child labour for a
better future. Also, a lot of people can participate in rehabilitating these
children by working in this organisation. 

Survival, development, protection and participation are the four basic rights
on which this organisation focuses. There are some basic Foundation
Principles on which CRY works, these are:

1. Survival: This right is related to the right to life, health, nutrition,

name, nationality, in short, it consists of the right to survival.
2. Development: This right aims to provide education, care, leisure and
recreation for the development.
3. Protection: This right aims at protection from exploitation, abuse and
neglect.
4. Participation: This right aims at providing equal opportunity for
participation in expression, information, thought and religion.
These principles are applied to everyone without any discrimination. All
categories of children like street children, children of sex workers, physically
and mentally challenged children, children who are there in juvenile
institutions, children who are there in privileged homes, children who are
trapped in bonded labour. 

Mission Statement of CRY is to make people take responsibility of the

prevailing situation in India and also motivate them to face the situation by
collective actions and give the child and themselves equal opportunities to
realise their full potential.

Core CRY Principles

Core CRY Principles are as follows:

1. There should be sustainable changes. 

2. There should be constructive engagement with all the stakeholders.
3. There must be accountability and transparency. 
4. There must be secularism. 
5. There must be non-violence.
6. There should be multi-layered interventions that address services,
networking and advocacy.
CRY India
CRY looks for promising and grassroots NGOs and provides them with
financial, managerial help so that they can achieve sustainability. They
provide various types of support like financial requirement, material
requirement, information support etc. Since this organisation was set up,
more than 300 child initiatives have been implemented which made a
positive impact on the lives of millions of children. CRY is a form of a partner
which combines with any other NGO who is in need. Its partnership is in the
form of direct action that is working with the children and community
directly, building capacities in which they provide inputs in the area of
organisation building etc. Through networking, in order to make collective
efforts, they bring all the organisations working in the same area together
and through influencing they influence the Government to make more child
policies to save them from various atrocities. CRY also work with some other
NGOs at regional, national or state level. These states are Maharashtra,
Orissa, West Bengal, Uttar Pradesh, Rajasthan, Delhi, Tamil Nadu. CRY is a
part of various alliances such as Campaign Against Child Labour [CACL], End
Child Prostitution in Asian Tourism [ECPAT], Donor Agency Network [DAN]
and also with the National Alliance for the Fundamental Rights to Education
[NAFRE].

CRY follows simple criteria for supporting and take initiative by focusing on
children, nascent initiatives. They give priority to the projects where there
are no other projects in force and it works basically on its vision and
commitment. 

If someone wants to work with CRY then they can file an application
according to the format that is prescribed. The branch will shortlist the
application, then after the recommendation from the heads and approval
from the Board of Trustees, the selection is done.

How to stop child labour

Child labour can be stopped through various measures. By analysing the
situation, reviewing national laws regarding child labour. By taking protective
measures like checking the age of the employees, identifying the hazardous
works and carrying out a workplace risk assessment, child labour can be
brought under control. Immediate actions are required by not hiring children
below the age of 14 years, removing children from hazardous work or
reducing the hours for children and providing them with at least minimum
age can help in lowering the rate of child labour or making the position of
these children in the society better. 
Strategic actions like applying a safety and health management system,
using collective bargaining agreements, providing a code of labour practices.
By supporting education and children that are found trapped in child labour,
this problem can be reduced. We should adapt our business to a child labour
free environment and make sure that new suppliers don’t use child labour. If
required, one or more monitoring systems should be set up.

Conclusion
Child labour is still a problem before the nation. The various measures have
been taken by the Government to deal with this problem of child labour
actively. However, due to the socio-economic problems like poverty, illiteracy
which are the main cause of child labour, it cannot be solved unless and until
there are collective efforts of all the members of the society. If every
individual takes the responsibility of child labour then this problem can be
solved and we can have a better and developed India. If the public supports
the functions of the Government then the problem of child labour can be
controlled to a great extent. It is important to spread the awareness about
the evil of child labour and make people understand that it is important for a
child to grow and enjoy his/her childhood as they are future of our country.