Lok Sabha Question No. 1987 (UNSTARRED), answered on 2016-11-28
Subject: Child Labour in Family Run Businesses
Ministry: LABOUR AND EMPLOYMENT
Asked by: NINONG ERING

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA UNSTARRED QUESTION NO. 1987 TO BE ANSWERED ON 28.11.2016

## CHILD LABOUR IN FAMILY RUN BUSINESSES

## 1987. SHRI NINONG ERING:

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

- (a)whether  the  latest  amendment  made/proposed  to  be  made  to  the Child Labour (Prohibition and Regulation) Amendment Act, 2016 has legalised/propsoes to legalise children below the age of 14 to work in  family  run  businesses  after  schools  hours  and  if  so,  the  details thereof;
- (b)the steps taken by the Government to ensure that children are not allowed to take part in family run businesses that could be termed hazardous and the definition of 'family' in this context;
- (c)whether the said amendment has reduced/proposes to reduce the number of hazardous occupations from 83 to 3;
- (d)if so, the details thereof; and
- (e)the criteria adopted for deciding the hazardousness of occupation?

## ANSWER

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

- (a) & (b): The Child Labour (Prohibition & Regulation) Act, 1986 has been amended to prohibit employment of children below 14 years of age in all occupations and processes and the employment  of adolescents in hazardous occupations and processes. However, considering  the  social  fabric  and  socio-economic  conditions  in  the country, an exception has been made where the child is permitted to help  his  family  or  in  family  enterprises,  which  is  other  than  any hazardous  occupations  or  processes  set  forth  in the Schedule, only
- an

after school hours or during vacations. It is important to note that the word used is 'help' and this doesn't include 'engagement in employment'  or  the  situation  where  a  relationship  of  'employeremployee' exists. In Amendment Act, 'family enterprises' means any work, profession, manufacture or business which is performed by the members  of  the  family  of  the  child  with  the  engagement  of  other persons.  The  amendment  empowers  the  appropriate  Government  to confer powers and impose duties on a District Magistrate for securing effective  compliance  of  the  provisions  of  the  Act.  Further,  the  State Action  Plan  has  been  circulated  to  all  the  States/UTs  for  ensuring effective implementation of the provisions of the amended Act.

(c) & (d): The  new  Schedule  in  the  Amendment  Act  has  been introduced  with  3  groups/  categories  of  hazardous  occupations  and processes and not the list of 3 hazardous occupations and processes. Further,  the  Schedule  would  be  elaborated  and  occupation/process may be added on the basis of the recommendations of the Technical Advisory Committee constituted under the provisions of this Act.

(e): Occupations  and  processes  as  hazardous  are  decided  as per the recommendations of Technical Advisory Committee comprising the Members from medical background/health services. To be termed any  occupation/process  as  hazardous,  the  Committee  examine  as  to whether the employment or work in that particular occupation/process is unsuitable for physical and mental development of children/adolescents.

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