Lok Sabha Question No. 4753 (UNSTARRED), answered on 2019-07-22
Subject: Hazardous and Non-Hazardous Occupations and Processes
Ministry: LABOUR AND EMPLOYMENT
Asked by: Vinayak Bhaurao Raut, Chandra Sekhar Sahu, Girish Bhalchandra Bapat, Shrikant Eknath Shinde

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

## UNSTARRED QUESTION NO. 4753 TO BE ANSWERED ON 22.07.2019

## HAZARDOUS AND NON-HAZARDOUS OCCUPATIONS AND PROCESSES

## 4753. SHRI VINAYAK RAUT:

SHRI CHANDRA SEKHAR SAHU: SHRI GIRISH BHALCHANDRA BAPAT: DR. SHRIKANT EKNATH SHINDE:

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

- (a)whether  the  new  legislation  divides  work  into  'hazardous'  and  'nonhazardous' occupations and processes;
- (b)if  so,  whether  there  are  enough  instances  where  the  employment  of children and adolescents goes unregulated due to existing loopholes in the law, if so, the reaction of the Government thereto;
- (c)whether under Indian law, beedi rolling is defined as hazardous work, but a loophole means children who help their parents in their work fall
- outside the legal framework;
- (d)the steps taken to ensure that no child or adolescent is engaged in the hazardous occupation and processes of beedi making/rolling at home or in a factory set up; and
- (e)the  action  taken  against  persons/  industry  employing  a  child  or adolescent  in  the  hazardous  occupation  and  processes  of  beedi making/rolling at home or in a factory set up?

## ANSWER

## MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI SANTOSH KUMAR GANGWAR)

- (a): Yes,  Sir.  The  Government  of  India  has  amended  the  Child Labour  (Prohibition  &  Regulation)  Act,  1986  and  enacted  Child  Labour (Prohibition & Regulation) Amendment Act, 2016 which inter-alia   covers complete prohibition on employment or work of children below 14 years of  age  in  all    occupations    and    processes    and    prohibition    on employment of   adolescents   (14 to 18 years of age)   in    hazardous

occupations  or  processes.  Further, the Schedule  to  the Child  and Adolescent Labour (Prohibition & Regulation) Act, 1986 which came into effect on 30.08.2017, prescribes 38 hazardous occupations and processes where  adolescents  (aged  14-18  years)  are  prohibited  to  work  and  also prescribes  107  hazardous  occupations  and  processes  where  children (aged  under  14  years) are prohibited to help (in family or family enterprises).

(b): No, Sir.

(c): No,  Sir.  Under  the  Schedule  to  the  Child  and  Adolescent Labour  (Prohibition  &  Regulation)  Act,  1986  which  came  into  effect  on 30.08.2017,  adolescents  (aged  14-18  years)  are  prohibited  to  work  and children (aged under 14 years) are prohibited to help (in family or family enterprises) in hazardous processes such as beedi-making or processing of tobacco.

(d) & (e): The Government of India has been implementing the National Child  Labour  Project  (NCLP)  Scheme  since  1988.  Under  the  NCLP Scheme, children in the age group of 9-14 years are rescued/withdrawn from work and enrolled in the NCLP Special Training Centres (STCs) under the  District  Project  Societies,  where  they  are  provided  with  bridge education,  vocational  training,  mid  day  meal,  stipend,  health  care,  etc. before being mainstreamed into formal education system. Children in the age group of 5-8 years are directly linked to the formal education system through a close coordination with the Sarva Shiksha Abhiyan (SSA).

As  soon  as  the  information  is  found  about  the  child  or adolescent to be engaged in hazardous work, the child or adolescent is rescued and withdrawn from such work/occupation. The rescued child (if aged 9-14 years) is enrolled in an STC, where he is provided with bridge education,  vocational  training,  mid  day  meal,  stipend,  health  care,  etc. before being mainstreamed into formal education system.  The rescued training adolescent (aged 14-18 years) is facilitated by vocational opportunities under existing schemes of skill development.

The Amended Act has also made stricter punishment for the employers  contravening  the  provisions  of  the  Act  and  has  made  the offence as cognizable.

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