ARMY INSTITUTE OF LAW

OFFENCES AGAINST CHILDREN UNDER

LABOUR LAWS

Submitted in partial fulfillment of requirements for BA.LL.B. degree

Tulip Josh
1405(Sec-A)

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 INDEX
SNO. TOPIC PG.NO.
1 INTRODUCTION 2
2 DEFINITIONS 2-3
3 CAUSES OF CHILD LABOUR 3
4 CONSEQUENCES OF CHILD LABOUR 4
5 CONSTITUTIONAL PROVISIONS REGARDING CHILD 5
LABOUR
6 CHILD LABOUR LEGISLATIONS 6
7 CONCLUSION 11
8 BIBLIOGRAPHY 13

INTRODUCTION

A child, is expected to play, study and be carefree about his life. But as a fact of nature,
expectations hardly meet reality. Children, by will or by force are employed to work in the
harsh conditions and atmosphere which becomes a threat to their life. Child labour leads to
underdevelopment, incomplete mental and physical development, which in turn results in
retarded growth of children.

DEFINITIONS

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The Child Labour (Prohibition and Regulation) Act, 1986 defines a child as a person who has
not completed fourteen years of age. The Factories Act, 1948 and Plantation Labour Act 1951
states that a child is one that has not completed fifteen years of age and an adolescent is one
who has completed fifteen years of age but has not completed eighteen years of age. The Motor
Transport Workers Act 1961, and The Beedi And Cigar Workers (Conditions Of Employment)
Act 1966, both define a child as a person who has not completed fourteen years of age. The
Merchant Shipping Act 1958 and Apprentices Act 1961 don't define a child, but in provisions
of the act state that a child below fourteen is not permitted to work in occupations of the act.
The Mines Act, 1952 is the only labour related act that defines adult as person who has
completed eighteen years of age (hence a child is a person who has not completed eighteen
years of age). The Juvenile Justice (Care and Protection of Children) Act, 2000 has defined
child as any person who has not completed eighteen years of age.1

International Labour Organisation (ILO) defines the term child labour as, “work that
deprives children of their childhood, their potential and their dignity, and that is harmful to
physical and mental development. It refers to work that is mentally, physically, socially or
morally dangerous and harmful to children, or work whose schedule interferes with their
ability to attend regular school, or work that affects in any manner their ability to focus during
school or experience a healthy childhood.”2

UNICEF defines child labour differently. A child, suggests UNICEF, is involved in child
labour activities if between 5 to 11 years of age, he or she did at least one hour of economic
activity or at least 28 hours of domestic work in a week, and in case of children between 12 to
14 years of age, he or she did at least 14 hours of economic activity or at least 42 hours of
economic activity and domestic work per week.

CAUSES OF CHILD LABOUR

Major causes of child employment that can be understood keeping in mind the Indian scenario,
are:

 Poverty: Due to poverty, illiteracy and unemployment parents are unable to bear the
burden of feeding their children and to run their families. So, poor parents send their
children for work in inhuman conditions at lower wages.

1
Who is a Child?, http://www.childlineindia.org.in/child-in-india.htm
2
What is child labour , http://www.ilo.org/ipec/facts/lang--en/index.htm

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  Previous Debts:The poor economic conditions of people in india force them to borrow
money This vicious circle of poverty drags them towards working day and night for the
creditor and then the debtors drag their children too in assisting them so that the debts
could be paid off.

 Lack of good schools-. According to a 2008 study by ILO,[41] among the most
important factors driving children to harmful labour is the lack of availability and
quality of schooling. Many communities, particularly rural areas do not possess
adequate school facilities. Even when schools are sometimes available, they are too far
away, difficult to reach, unaffordable or the quality of education is so poor that parents
wonder if

 Growth of the informal economy is considered to be the key causes of child labour in
India.

 Corruption in the government of India also plays a major role in child labour because
laws that should be enforced to prevent child labour are not because of the corrupt
government.

The 2011 national census of India found the total number of child labourers, aged 5–14, to be
at 4.35 million,and the total child population to be 259.64 million in that age group.3

CONSEQUENCES OF CHILD LABOUR

The presence of a large number of child labourers is regarded as a serious issue in terms of
economic welfare. Children who work fail to get necessary education. They do not get the
opportunity to develop physically, intellectually, emotionally and psychologically. In terms of
the physical condition of children, children are not ready for long monotonous work because
they become exhausted more quickly than adults. This reduces their physical conditions and
makes the children more vulnerable to disease. Children in hazardous working conditions are
even in worse condition. Children who work, instead of going to school, will remain illiterate
which limits their ability to contribute to their own wellbeing as well as to community they live
in. Child labour has long term adverse effects for India.

CONSTITUTIONAL PROVISIONS REGARDING CHILD LABOUR

3
Number of child labour has reduced by 65 percent: Govt , http://zeenews.india.com/news/nation/number-
of-child-labour-has-reduced-by-65-percent-govt_946349.html

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After its independence from colonial rule, India has passed a number of constitutional
protections and laws on child labour.

Article 39: The State shall, in particular, direct its policy towards securing that the health and
strength of workers, men and women, and the tender age of children are not abused and that
citizens are not forced by economic necessity to enter avocations unsuited to their age or
strength.

Article 24: Prohibition of employment of children in factories, etc.- No child below the age
fourteen years shall be employed in work in any factory or mine or engaged in any other
hazardous employment.4

Article 45 The State shall endeavour to provide early childhood care and education for all
children until they complete the age of six years.

Article 51A (e) It shall be the duty of every citizen of India, who is a parent or guardian to
provide opportunities for education to his child or ward as the case may be, between the age of
six and fourteen years.5

Article 15 (3) The State is empowered to make the special provisions relating to child, which
will not be violative of right to equality.

Article 21 No person shall be deprived of his life or personal liberty, except according to
procedure established by law. The Supreme Court held that „life‟ includes free from
exploitation and to live a dignified life.

Article 21A The State shall provide free and compulsory education to all children of the age
of six to fourteen years, in such manner as the State may, by law, determine. Where children
are allowed to work, in such establishment, it is the duty of employer to make provisions for
the education of child labourer.

Article 23 Traffic in human beings and beggar and other similar forms of forced labour are
prohibited and any contravention of this prohibition shall be an offence punishable in
accordance with law.

4
Constitutional Provisions on Child Labour, http://ncpcr.gov.in/showfile.php?lid=74
5
CONSTITUTIONAL PROVISIONS AND LEGISLATIONS FOR CHILD LABOUR IN INDIA
K. G. MALLIKARJUNA, http://www.tjprc.org/publishpapers/2-41-1370423990-
13.%20Constitutional%20provisions%20.full.pdf

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Article 24 (Prohibition of Employment of Children in Factories, etc.) No child below the age
of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous
employment.

CHILD LABOUR LEGISLATIONS

List of other labour laws that prohibit child labour and/or regulate working conditions for child
labourers and can be used to book the employers is as follows:

 The Factories Act, 1948.

 The Plantation Labour Act, 1951.
 The Mines Act, 1952.
 The Merchant Shipping Act, 1958.
 The Apprentices Act, 1961.
 The Motor Transport Workers Act, 1961.
 The Beedi and Cigar Workers (Conditions of Employment) Act, 1966.6

India has a federal form of government, and labour being a subject in the Concurrent List, both
the central and state governments can and have legislated on child labour. The major national
legislative developments include the following:

Children (Pledging of Labour) Act, 1933 declares any agreement by a parent or guardian to
pledge the labour of a child below 15 years of age for payment or benefit other than reasonable
wages, illegal and void.7 It also provides punishment for such parent or guardian with fine
which may extend to fifty rupees as well as those who employ a child whose labour is pledged
with fine which may extend to two hundred rupees.8

The Bonded Labour System (Abolition) Act, 1976 prohibits forcing a person into bonded
labour for debt repayment. The act extinguishes all debt agreements and obligations.9 It
prohibits creation of any new bondage agreement and discharges bonded labourers from all
debts for which they were bonded. Compelling a person to render bonded labour is punishable
under the law. This includes punishment for parents who pledge their child or other family
members to work as a bonded labourer.

6
Child Protection and the law, http://vikaspedia.in/education/child-rights/child-protection-1/child-protection-
and-the-law#section-1
7
Section 3, Children (Pledging of Labour) Act, 1933
8
Sections 4,5,6 , Children (Pledging of Labour) Act, 1933
9
Section 6, The Bonded Labour System (Abolition) Act, 1976

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The Child and Adolocent Labour (Prohibition & Regulation) Act (CLPR Act) 1986

The act has been amended by the Central Government and is now referred to as the Child and
Adolescent Labour (Prohibition and Regulation) Amendment Act, 2016. The motive of the
amendment is to include coverage of adolescents who are between the ages of 14 to 18 years
in the ambit of the provisions in the above Act, and total prohibition of employment of children
below 14 years in any kind of employment in the country.10

One of the main projects launched by the Central Government under the above Act is the
National Child Labour Project (NCLP). Through the NCLP project, provisions are made to
provide non-formal education to the working children who are withdrawn from work. In order
to create public awareness the department conducts various programmes from time to time.11

The Child and Adolescent Labour (Prohibition and Regulation) Act of 1986 prohibits
employment of a Child in any employment including as a domestic help (except helping own
family in non-hazardous occupations). It is a cognizable criminal offence to employ a Child
for any work. Children between age of 14 and 18 are defined as "Adolescent" and the law
allows Adolescent to be employed except in the listed hazardous occupation and processes
which include mining, inflammable substance and explosives related work

Hazardous occupations-

Hours of period and work-12

No child shall be required or permitted to work in any establishment in excess of number of

hours prescribed The period of work on each day shall not exceed three hours and no child
shall work for more than three hours before he has had an interval for rest for at least one hour.
No child shall be permitted or required to work between 7 p.m. and 8 a.m.No child shall be
required or permitted to work overtime.13

Penalties-

Whoever employs any child or permits any child to work in contravention of the provisions of
section 3 shall be punishable with imprisonment for a term which shall not be less than six

10
Section 3, 3A, The Child Labour (Prohibition & Regulation) Act (CLPR Act) 1986
11
The Child And Adolescent Labour (Prohibition And Regulation) Act, 1986, http://labour.nagaland.gov.in/the-
child-and-adolescent-labour-prohibition-and-regulation-amendment-act-2016/
12
Section 7, The Child and Adolescent Labour (Prohibition and Regulation) Act of 1986
13
Section 7, The Child and Adolescent Labour (Prohibition and Regulation) Act of 1986

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months but which may extend to two years, or with fine which shall not be less than twenty
thousand rupees but which may extend to fifty thousand rupees, or with both.

Parents or guardians of such children shall not be punished unless they permit such child for
for such contravention.

Whoever employs any adolescent or permits any adolescent to work in contravention of the
provisions of section 3A shall be punishable with imprisonment for a term which shall not be
less than six months but which may extend to two years or with fine which shall not be less
than twenty thousand rupees but which may extend to fifty thousand rupees, or with both:
Whoever, having been convicted of an offence under section 3 or section 3A commits a like
offence afterwards, he shall be punishable with imprisonment for a term which shall not be less
than one year but which may extend to three years.

the parents or guardian having been convicted of an offence under section 3 or section 3A,
commits a like offence afterwards, he shall be punishable with a fine which may extend to ten
thousand rupees.14

The Factories Act of 1948: The Act prohibits the employment of children below the age of 14
years in any factory. The law also placed rules on who, when and how long can pre-adults aged
15–18 years be employed in any factory.

No woman or child shall be employed in any part of a factory for pressing cotton in which a
cotton-opener is at work15No child who has not completed his fourteenth year shall be required
or allowed to work in any factory.16A child who has completed his fourteenth year or an
adolescent shall not be required or allowed to work in any factory, unless a certificate of fitness
granted with reference to him under.

Working hours for children. -

No child shall be employed or permitted to work in any factory-

(a) for more than four and a half hours in any day;

(b) during the night.17

14
Section 14, The Factories Act of 1948
15
Section 27, The Factories Act of 1948
16
Section 67, The Factories Act of 1948
17
Section 71, The Factories Act of 1948

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Penalty for permitting double employment of child(Section 99)-

If a child works in a factory on any day on which he has already been working in another
factory, the parent or guardian of the child or the person having custody of or control over him
or obtaining any direct benefit from his wages, shall be punishable with fine which may extend
to one thousand rupees, unless it appears to the Court that the child so worked without the
consent or connivance of such parent, guardian or person.

The factories act defines a child as a person who has completed him/her 15th year of age. It
defines an adolescent as one who is has completed his/her15th year of age but not completed
his/her 18th year of age. A young person is defined as either a child or an adolescent. According
to this act it is the duty of a certified medical practitioner or surgeon to examine and medical
condition and certifies all young people working in the factory. These examinations take place
where a young person is or is going to be engaged in work that is injurious to his health. Under
this act a young person may not clean or lubricate the parts of any moving machinery that is
likely to cause them injury.

Chapter VII of the act concerns the employment of young persons.

Children who have worked more than 240 days in the previous calendar year are allowed one
day paid leave for every fifteen days they worked. He/She can carry forth forty unused leave
days to the next calendar year. A child who has been granted five or more days leave can collect
the wages for those days before the leave. Parents/Guardians of a child can be fined for
allowing the child to work in two factories in the same day. Adolescents and children are not
permitted to work in the manufacturing process or any other dangerous environment in a
factory.18

Section 22 of the Act mentions that no young person can be shall be allowed to clean, lubricate
or adjust any part of machine which thereof would expose the young person to risk of injury
from any moving part either of that machine or of any adjacent machinery.

Section 23 of the Act defines that no young person is allowed to be employable on dangerous
machines.

18
CHILD Protection & Child Rights » IV. National Mechanisms » Child Related Legislations » Factories Act, 1948
(as amended in 1987), http://www.childlineindia.org.in/Factories-Act-1948.htm

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Section 27 of the Act prohibits employment of children in any part of a factory for pressing
cotton in which a cotton-opener is at work.

The Mines Act of 1952: The Act prohibits the employment of children below 18 years of age
in a mine. Mining being one of the most dangerous occuptions, which in the past has led to
many major accidents taking life of children is completely banned for them.

The Juvenile Justice (Care and Protection) of Children Act of 2000: This law made it a crime,
punishable with a prison term, for anyone to procure or employ a child in any hazardous
employment or in bondage. This act provides punishment to those who act in contravention to
the previous acts by employing children to work. The Juvenile Justice (Care and Protection) of
Children Act of 2015[38]: This law made it a crime, punishable with a prison term, for anyone
to keep a child in bondage for the purpose of employment.

The Merchant Shipping Act, 1958.

Prohibits children under 15, engaged in work in any ship except in certain specified cases.

The Motor Transport Workers Act, 1961

Employment of children under 14 years of age prohibited.

The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 :

Section 24 of the Act defines that employment of child under in this industry is strictly
prohibited under this Act.

Plantation Labour Act, 1951 :

Section 25 of the Act specifies that Women and children can be employed only between the
hours of 6a.m and 7p.m. They can be employed beyond these hours only with the permission
of the State Government.

Domestic Workers (Registration Social Security and Welfare) Act, 2008 :

Section 14 of the Act specifies that no child shall be employed as a domestic worker or for any
such incidental or ancillary work which is prohibited under any law.

Provision for Penalties under the Act:

Any employer:

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  For employing any child in contravention of the provisions of the Act – imprisonment
for not less than 3 months extending to 1 year or with fine not less than Rs. 10000
extending to Rs. 20000, or both.

 For second offence of like nature - imprisonment for not less than 6 months which may
extend to 2 years.

 Failure to maintain a register - simple imprisonment which may extend to 1 month or

with fine which may extend to Rs. 10000, or both.

The Right of Children to Free and Compulsory Education Act of 2009: The law mandates
free and compulsory education to all children aged 6 to 14 years. This legislation also mandated
that 25 percent of seats in every private school must be allocated for children from
disadvantaged groups and physically challenged children. The Right of Children to Free and
Compulsory Education Act of 2009: The law mandates free and compulsory education to all
children aged 6 to 14 years. This legislation also mandated that 25 percent of seats in every
private school must be allocated for children from disadvantaged groups and physically
challenged children.(It is not applied through)

CONCLUSION

If awareness about the cons of child labour is spread across the nation and strict policing of
implementation of existing laws are done, India can combat the issue of Child Labour. Every
individual must understand how important it is for the children to grow and study, as they are
the ones who will shape the future of the nation. India formulated a National Policy on Child
Labour in 1987. This Policy seeks to adopt a gradual & sequential approach with a focus on
rehabilitation of children working in hazardous occupations. It envisioned strict enforcement
of Indian laws on child labour combined with development programs to address the root causes
of child labour such as poverty. In 1988, this led to the National Child Labour Project (NCLP)
initiative. This legal and development initiative continues, with a current central government
funding of Rs. 6 billion, targeted solely to eliminate child labour in India.[39] Despite these
efforts, child labour remains a major challenge for India.

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BIBLIOGRAPHY_

Source :

• The Child Labour (Prohibition And Regulation) Act, 1986

• Plantations Labour Act, 1951

• Domestic workers (registration social security and welfare ) act 2008

• The Factories Act, 1948.

• The Mines Act, 1952.

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• The Merchant Shipping Act, 1958.

• The Apprentices Act, 1961.

• The Motor Transport Workers Act, 1961.

• The Beedi and Cigar Workers (Conditions of Employment) Act, 1966.

Books-

Human Resource Management (2011), Indian Adaptation, 12th edition, Gary Dessler & Biju
Varkkey, Pearson Education.

Websites-

1. K. G. MALLIKARJUNA, http://www.tjprc.org/publishpapers/2-41-1370423990-
13.%20Constitutional%20provisions%20.full.pdf
2. Child Protection and the law, http://vikaspedia.in/education/child-rights/child-
protection-1/child-protection-and-the-law#section-1
3. The Child And Adolescent Labour (Prohibition And Regulation) Act, 1986,
http://labour.nagaland.gov.in/the-child-and-adolescent-labour-prohibition-and-
regulation-amendment-act-2016/
4. CHILD Protection & Child Rights » IV. National Mechanisms » Child Related
Legislations » Factories Act, 1948 (as amended in 1987),
http://www.childlineindia.org.in/Factories-Act-1948.htm
5. Constitutional Provisions on Child Labour, http://ncpcr.gov.in/showfile.php?lid=74

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