Lok Sabha Question No. 2119 (UNSTARRED), answered on 2019-12-02
Subject: Review of Child Labour Laws
Ministry: LABOUR AND EMPLOYMENT
Asked by: Jyotirmay Singh Mahato

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

UNSTARRED QUESTION NO. 2119

TO BE ANSWERED ON 02.12.2019

REVIEW OF CHILD LABOUR LAWS

†2119. SHRI JYOTIRMAY SINGH MAHATO:

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

- (a)the  details  of  the  existing  laws  to  prevent  exploitation  of  child labour and to have a check on it;
- (b)the extent to which these laws are proving effective;
- (c)whether  the  Government  has  amended/proposes  to  review/reform the existing child labour laws to grant permission to the under-14 children to assist in family business; and
- (d)if so, the details thereof?

## ANSWER

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

(a) & (b): The Child Labour (Prohibition & Regulation) Act, 1986 was amended vide Child Labour (Prohibition & Regulation) Amendment Act, 2016 which came into force with effect from 1.9.2016.

The Amendment  Act,  inter-alia, provides for complete prohibition of work or employment of children below 14 years of age in any occupation and process and prohibition of adolescents in the age group of 14 to 18 years in hazardous occupations and processes. The Amendment Act also provides the stricter  punishment  for  employers for violation of the Act and has made the offence as cognizable. As per provisions contained in the Act, whoever employs any child or permits any    child   to   work   in  contravention   shall  be   punishable    with

imprisonment for  a  term  which  shall  not  be  less  than  six  month  but which may extend to two years, or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both. Also whoever employs any adolescent or permits any  adolescent  to  work  in  contravention  of  the  provisions  shall  be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both.

As per 2011 Census, the number of main workers in the age group  of  5-14  years  in  the  country  was  43.53  lakh  which  shows  a decline from 57.79 lakh as per 2001 Census.

(c) & (d): The  Child  Labour  (Prohibition  &  Regulation)  Amendment Act, 2016 prohibits 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 processes or hazardous occupations/ processes set forth in the Schedule of the  Act , and only after school hours or during vacations. This 'helps' doesn't include 'engagement in employment' or the situation where a relationship of 'employer-employee 'exists. In the 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.

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