Child Labour (Prohibition and Regulation) Act 1986

• BANDARI RAMESH

Introduction

Many of the countries are believed children are big resources of their country in the context of well being and development. According to the eminent person Herbert Hoover, 31st president of United States said that “children are our most valuable resources”. Therefore, government of the each country start many programs and laws for protecting children from various conditions. I would like to explore the topic about “Child labour (prohibition and regulation) act” in the year of 1986. Along with why government look into this act and provisions, what are the significant impacts of child labour by this act? These would be explained in the following paragraphs.

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First and foremost, what are the reasons behind causes of child labour, Child labour is socio-economic phenomenon. This phenomenon is trapped in vicious circle by poverty, illiteracy, unemployment, demographic expansion, deep social prejudices and above all the government interest are commonly consider as the most prominent causative factors for large scale employment children. It has been officially started that “child labour no longer of economic exploitation but it necessitated by economic necessity of the parents and many cases that of the chid himself”. Moreover, there are several causes which have failed to check out child labour. Particularly in India the causes of failure are poverty, low wage of the adult, unemployment, migration to urban areas, large families, lack of subsistence income and children ignorance by parents these are incentives to the children comprises in the activities.

In order to tackle this problem government has initiated some acts before enacted this act that are

1. Merchant Shipping Act, 1951
2. Mines Act, 1952
3. Motor Transport Workers Act, 1961
4. Beedi and Cigar Workers Act, 1966

Due to improper implementation of existing acts and the lack media coverage these acts sufficiently not benefited to children. That is why; government has taken step to reduce child labour in the field of formal and informal sector. At that time act was come out that is child labour (prohibition and regulation) in the year 1986. In addition, Indian constitution provides many provisions to the child, prohibited child labour and it also mention the rights of the child. They are,

Article 23: prohibition of employment children from factories

Article 39: certain principles of policy to be followed by state that are referring to the secure of children that the health and strength of workers, men and women and the tender age of age children are not abused and that citizens are not forced by economic necessity to enter evacuation and unsuited their age and strength.

Article 45: provision for early childhood care and education to the children below the age of six years.

Article 21-A: right education the state shall provide free and compulsory education to all children age of six to 14 year.

Even though, children were exploited by the factories and small scale industries. Therefore, the government of India enacted that was “child labour (protection and prohibition)” in the year 1986. This is an act prohibit the involvement of children in certain employments of hazardous places and to regulate the conditions of doing work for the children in certain other employments of non hazardous nature. Although there are little legislation which prohibit employment of children below 14 years and 15 years in certain specified employments but there is no specified procedure laid down in the legislation for deciding matters relating to employment, occupation are processes which necessities the prohibition children employment therein. At the same time there is no law for regulating the working condition of the children in the most of the employments where employment of children is not explicitly prohibited and the children are working exploitative conditions. Therefore the main intension of this act basically,

1. which is ban the employment of the children below the age of 14 years in the specified occupation and processes
2. to lay down for procedure introducing modification to the schedule of banned occupations or processes from time to time whenever need arises
3. to regulate the condition of the children in employment where they are not prohibited works
4. to prescribe the enhanced penalties employment for children if they are violation by the employers and management
5. as per the child labour(prohibition and regulation) act 1986 the committee addressed that is “child” means a person who has not completed 14 years old
6. the act prohibit employment of children in engaging 18 occupations like, transport at passengers and goods or mails by railway, work relating to the at construction and railway works, foundries, handloom and power loom industry, mines and plastic factories, domestic houses and automobile workshops and garages. Similarly, 65 process works for example, beedi making, carpet weaving, manufacture of matches and explosive or fireworks as well different industries, factories, coal mines, manufacture industry above these placed in part A, part B areas. Regarding these works children are prohibited by this act
7. under the act, “the child labour technical advisory committee” constituted to advice the central government for the purpose of additions of occupations and processes in the schedule parts
8. the act regulates the condition of all employment in all occupations and processes

The main provisions are, no child shall be permitted to work in any establishment in excess of such number of hours, as may be prescribed for such class of establishment. The period of work each day shall be fixed no time to exceed three hours and that no child should not work more than 3 hours. Moreover, every child employed in an establishment shall be allowed in each week, a holiday or whole day, which day shall be specified by the occupier In a notice, every occupier shall maintain, in respect of children employed or permitted work in any establishment, register should be available for inspection by n inspector at all times during working hours or when work is being carried on there is tendency first, should be noted nm end date of birth of the every child employed to work, hours and periods of work of any such child on the intervals of rest to which is entitled, the nature of work such child, like that related information should be prescribed. In addition, the government made gazette form for chid basis on health and safety on the children employed as well addressed minimum amenities should be provided by the owner at the working places. When the children are working in hazardous places it is found by someone he has right to complaint to the near police station. In addition, consequences of child labour, it is impact children physical and mental growth development as well health disease like, respiratory problem, skin disease, they will become disabled, bone fractured. These are lead to ill development.

Interventions

Education is very important part of the development. Lack of schooling and engaging family needs daily then, studies have found low enrolment and high children employment, schools are the platforms for the early intervention against child labour. Child labour can be controlled by economic development increasing awareness and making education affordable across all levels, and enforcement of all anti child labour laws.

The government of India has taken certain initiative to control child labour started a program in 9 district that is “ NATIONAL CHILD LABOUR PROJECT (NCLP)” under the schemes funds given to the district collector for running special school for child labour as well under this scheme provides formal and non-formal education, vocational education and spends 100 rupees per month.

In one hand, how this act impacts on children life, primarily, based on this act government has expended this act in 2008. As well as, two acts were came that are “the juvenile justice (care and protection) in 2000, this act made prevent the bondage child labour as well if any one procure the children for domestic and industry works those persons punished by regarding this act. In the year of 2009, government has made act for education to the child that is “Right to education (RTA)” by this act free and compulsory education to all children between six to fourteen years. According to this act government has addressed that 25 percent of seats should be allocate for the disadvantages people. Moreover, between the 1981 to 1991 national sample survey organization conducted 43^rd round of surveys it’s convey that the estimates the number of children was to the tune of 17.30 millions. As per the 1991 census, revealed that the number of working children in India was 11.28 million.

This Number gradually decreasing in the following years. Because implementation of labour act by the legislation. The 1998 national census of India estimated the total number of child labour to be at 12.6 million out of total 250 million of child population. This count was reduced to 5 million in the year 2009. The 2011 national census of India found that the national number of child labour , aged five to fourteen to be 4.30 million out of the total 260 child population. By this enumerate we have observed child labour was gradually reducing due to child labour acts as well another government schemes. For example, in the “domestic households” before implementation of act the children are working in restaurant and as a domestic labour more than 20 million than when the government of expanded the child labour prohibition and regulation act and banned the children from domestic works as result of, as per the 2011 census, less than 0.1 million children are engaged as a child labours. In addition, effect of this child labour act 1986, influence on children education and health as well as human development these all are contributed to increasing Indian economy and human development index. This act has impacted on education of children as well it is lead to improve aggregate literacy rate by in the year 1981 total average literacy rate is around 44 percent. This was increased to 52.3percent in the year of 1991, as per the 2011 this literacy rate was increased to 74 percent we observed contribution of provision of act stop to children in work places and push them in to schooling as well according to the 2011 census, children are engaging a fewer in the factories and industry as a result, child death rates were gradually decreased.

On the other hand, loopholes and weakness in the child labour (prohibition and regulation) act 1986, while prohibiting bonded child labours from hazardous industries also allow it to thrive in other forms. A child working in a factory consider hazardous and is not to allowed. But if the child is a part of family labour, he is allowed to work. Hence the act 1986 has a large scope of exploitation of children. If they could be brings under the family-child labour phenomena.

Eventually, poverty is one of the important factors of raising child labour. Hence enforcement alone cannot help solve it. So the government has been laying lot of emphasis rehabilitation of these children and should be improving economic condition of their families. In India many NGO’s working for eradicate child labour like, CARE and CHILD ROGHT TO YOU, government need to boosting these NGO’s, similarly, government need to enforcing right to education in the tribal areas. Moreover, government has to be expanded NCLP schemes to maximized districts. Government should be takes a fore step to domestic child labour and extract laws from other countries and implement in India. As well, Supreme Court shall takes significant steps whether punishment or control for exploitation of articles 23, 24 and 21A. Individually who are educated they should be provide awareness to ST’s, SC’s and below poverty level people about important of child for our country development.

References

Fuller, R.G., (1994), “Child Labour and Constitution”, Ashish Publishing House, New Delhi, page no.283.

Dewan, V.K.,(2009), “Child labour A Socio-legal Perspective”, pentagon publication, NewDelhi, p.582.

Purushottam kumar,p., (2010,june 25), “Need to look in to Child Labour act 1986”, Lawers Club India website., google.