Lok Sabha Question No. 2905 (UNSTARRED), answered on 2017-03-20
Subject: Reforms in Child Labour Laws
Ministry: LABOUR AND EMPLOYMENT
Asked by: ANTO  ANTONY, SANJAY(KAKA) RAMCHANDRA PATIL

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

UNSTARRED QUESTION NO. 2905 TO BE ANSWERED ON 20.03.2017

## REFORMS IN CHILD LABOUR LAWS

2905. SHRI ANTO ANTONY: SHRI SANJAY KAKA PATIL:

Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:

- (a)the aims and salient features of the conventions No. 138 and No. 182 of the International Labour Organization;
- (b)whether the policies of the Government have been unsuccessful in checking child labour and the laws enacted for this purpose were not implemented  properly  in  the  country,  if  so,  the  details  thereof  along with the reaction of the Government thereto;
- (c)whether the existing laws need to be amended to check child labour;
- (d)if so, the reaction of the Government thereto along with the extant
- policy formulated by the Government in this regard; and
- (e)whether any coordination has been established between the concerned ministries and State Governments for the rehabilitation and education of children under the national child labour project and if so, the details
- thereof?

## ANSWER

## MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI BANDARU DATTATREYA)

- (a): The  International  Labour  Organisation  (ILO)  Convention  No. 138 regarding minimum age for admission to employment stipulates that the minimum age at which children can start work should not be below the age of finishing compulsory schooling and in any case not less than 15 years,  with  an  exception  of  14  years  for  developing  countries.  Further, Convention No. 182 prohibits hazardous work which is likely to jeopardize physical,  mental  or  moral  health  of  persons  below  18  years.  It  aims  at elimination of the worst forms of Child Labour for person below 18 years.

- (b): Government is following a multi-pronged strategy for elimination  of  child  labour.  It  comprises  of  statutory  and  legislative measures,  rehabilitation  and  universal  elementary  education  along  with convergence  with  other  schemes  for  socio  economic  development.  The number of main workers in the age group of 5-14 years in the country is 43.53 lakh as per 2011 Census which shows a decline from 57.79 lakh as per 2001 Census.
- (c) & (d): Government  has  amended  the  Child  Labour  (Prohibition  & Regulation)  Act,  1986  and  enacted  the  Child  Labour  (Prohibition  & Regulation) Amendment Act, 2016 which came into force w.e.f. 1.9.2016. The amended Act inter-alia provides for complete prohibition on employment or work of children below 14 years of age in any occupation or  process.  The  amendment  also  prohibits  employment  of  adolescents (14-18  years)  in  hazardous  occupations  and  processes.  The  punishment for  violation  of  provisions  of  the  Act  has  been  made  stricter  and  the offence of employing any child or adolescent in contravention of the Act by an employer has been made cognizable.
- (e): Yes,  the  benefits  under  Serva  Siksha  Abhiyan  (SSA),  Mid-day Meal, School  Health  Programme  of  NRHM  implemented  by  various Ministries are extended to the beneficiary children under NCLP Scheme. The  revised  guidelines  of  NCLP,  effective  from  01.04.2016,  provide  for constitution  of  State  Level  Monitoring  Committee  (SLMC)  and  active involvement of State Labour Department for effective implementation of NCLP Scheme and convergence of various development programmes.

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