Child Labour (Prohibition and Regulation) Act, 1986

-

Child Labour (Prohibition and Regulation) Act, 1986


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

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:

Part A, and

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..     Shops that sell crackers and fireworks on the temporary license cannot employ children.
  6. Slaughterhouses/ Abattoirs cannot employ children.
  7.   Employment of children are not allowed in garages and Automobile workshops
  8. Workshops related to plastic units and fibreglass cannot employ children as workers.
  9. Mines that are underwater and underground cannot use child labour.
  10. Industries related to handloom and power loom are prohibited from using children as labourers.
  11. Industries that involve the use of inflammable substances or explosives cannot employ children.
  12.  Children cannot be employed in foundries.
  13. It also includes occupations that involve children as domestic workers or servants.
  14. Employment of children is also prohibited in dhabas, restaurants, hotels, tea stalls, shops, spas or any other recreational centres.
  15. Diving is also included.
  16. Children are not allowed to work in a circus.
  17. 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.


Comments

Post a Comment

Popular posts from this blog

BRIEF NOTES ON SECTION 10,11&12 OF TRANSFER OF PROPERTY ACT,1882

-
Image
BRIEF NOTES ON SECTION 10,11&12 OF TRANSFER OF PROPERTY ACT,1882 RESTRAINS ON ALIENATION OF PROPERTY (SECTION 10) For Conditional transfers, there are generally two types, namely Conditions Precedent and Conditions Subsequent. The first one is where the condition has to be complied with or fulfilled before a transfer could be affected and subsequent condition is where condition is fulfilled after the transfer is complete. Section 10 of the Act talks about Condition Subsequent. In a transfer where fulfillment of condition is after the transfer (i.e. Condition Subsequent), the transfer would remain completely valid till a time there is no condition that prevents the transferee from disposing of or parting with his interest in the property. It is important to note that even if such a transfer was legitimized with mutual consent of both the parties, the fulfillment is not binding on the transferee.   The underlying principles behind this rule are that of justice, equity and good co...
Read more

Doctrine of Election (Section 35 of the Transfer of Property Act, 1882)

-
Image
Doctrine of Election Section 35 of the Transfer of Property Act, 1882 Section 35 of the Transfer of Property Act, 1882 incorporates the Doctrine of election alongside Section 180-190 of the Indian Succession Act 1925. Election simply means choosing between two alternative rights or inconsistent rights. Under any instrument if two rights are conferred on a person in such a manner that one right is in lieu of the other, he is bound to elect (choose) only one of them. One   cannot take under and against the same instrument. Principle Underlying the Doctrine of Election Allegans contraria non est audiendus : he is not to be heard who alleges things contradictory to each other. In Cooper v. Cooper , Lord Hather explained the principle underlying the doctrine of election in the following words, “…there is an obligation on him who takes benefit under a will or other instrument to give full effect to the instrument under which he takes benefit ; and if it is found out that in...
Read more

RESTRICTION REPUGNANT TO INTEREST CREATED (SECTION 11)

-
RESTRICTION REPUGNANT TO INTEREST CREATED (SECTION 11) Section 11 of the Transfer of Property Act deals with repugnant conditions.  Repugnant conditions are those that are inconsistent with the nature of the interest transferred. Section 11 prohibits the imposition of any condition directing the transferee to apply or enjoy  a particular manner, any interest that is transferred absolutely in a particular manner. Such conditions or directions are void and the transferee is entitled to receive property as if such a condition did not exist in the first place. The transfer itself is, however, not invalidated. These conditions are inconsistent with the nature of the interest transferred. Therefore, they are called repugnant conditions. If a property is transferred absolutely in favour of the transferee, then any condition or terms of transfer, restricting the full enjoyment of the property (i.e.) repugnant to the interest created, then the transferee is empowered under sec 11 of TP...
Read more