Lok Sabha Question No. 2309 (UNSTARRED), answered on 2019-07-08
Subject: Child Labour in Hazardous Occupations
Ministry: LABOUR AND EMPLOYMENT
Asked by: Jagdambika Pal, Gautam Gambhir

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

UNSTARRED QUESTION NO. 2309 TO BE ANSWERED ON 08.07.2019

## CHILD LABOUR IN HAZARDOUS OCCUPATIONS

2309. SHRI JAGDAMBIKA PAL: SHRI GAUTAM GAMBHIR:

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

- (a)the  details  of  occupations/  industries  including  processes  notified  as hazardous for child labour;
- (b)the  approximate  number  of  children  employed  including  those  killed  in such occupations in various parts of the country during the last ten years and the current year, year-wise and State-wise;
- (c)whether the Government has conducted any assessment of the number of work-related deaths of children in such hazardous industries during the last five years and if so, the details thereof;
- (d)the  number of children rescued and rehabilitated during the said period along with the action taken against their employers; and
- (e)the effective steps being taken by the Government to check the practice
- of employing child workers in the said industries?

## ANSWER

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

- (a): The  details  of  occupations/industries  including  processes  which  are hazardous for child labour are at Annexure-I and Annexure-II.
- (b): Information in this regard is not maintained centrally.
- (c):
- No, Sir.

- (d): As per information received from the District Project Societies set up under the National Child Labour Project (NCLP) Scheme, a total number of 320488  children  were  rescued  from  all  forms  of  child  labour,  and  were rehabilitated and mainstreamed to formal education system during the last five years.
- (e): Child Labour is an outcome of various socio-economic problems such as poverty, economic backwardness and illiteracy. The Central Government has taken cognizance of the practice of child labour still going on in various parts of the country in spite of a ban on it and is committed to eradicate the problem of child labour from all parts of the country.

As per information received from the State Governments/UT Administrations,  the  number  of  violations  detected  during  the  inspections conducted,  the  number  of  prosecutions  launched  and  the  number  of convictions made in the last five years in respect of the Child & Adolescent Labour (Prohibition & Regulation) Act, 1986 is given hereunder:-

| Year   |   Violations |   Prosecutions |   Convictions |
|--------|--------------|----------------|---------------|
| 2014   |         5595 |           2923 |           998 |
| 2015   |         4319 |           2481 |           748 |
| 2016   |         3993 |           1730 |           677 |
| 2017   |         1691 |           1276 |           695 |
| 2018   |          942 |            624 |           586 |
| Total  |        16540 |           9034 |          3704 |

For elimination of child labour, the Government has enacted the Child Labour  (Prohibition  &  Regulation)  Amendment  Act,  2016  which  came  into force  w.e.f.  1.9.2016.  The  Amendment  Act  inter  alia  provides  for  complete prohibition  of  work  or  employment  of  children  below  14  years  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 stricter punishment for employers for violation of the Act and has made the offence as cognizable.

The  Government  is  also  implementing  the  National  Child  Labour Project (NCLP) Scheme since 1988 for rehabilitation of child labour. 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, 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).    To  ensure  effective  enforcement  of  the provisions  of  the  Child  Labour  Act  and  smooth  implementation  of  the National  Child  Labour  Project  (NCLP)  Scheme,  a  separate  online  portal PENCIL (Platform for Effective Enforcement for No Child Labour) has been launched w.e.f. 26.9.2017.

As  per  Section  2  (14)  (ii)  of  Juvenile  Justice  (Care  and  Protection  of Children) act, 2015 (JJ Act), a child who is found living in contravention of labour laws for the time being in force is included as a 'child in need of care and protection', the JJ Act, 2015 mandates a security net of service delivery structures to provide institutional and  non-institutional care to  these children.  The  primary  responsibility  of  execution  of  the  Act,  as  such,  lies with the State/UTs.

Ministry  of  Women  and  Child  Development  is  implementing  'Child Protection  Services'  (CPS)  (erstwhile  Integrated  Child  Protection  Scheme), for  care,  protection,  rehabilitation  and  reintegration  of  children  in  difficult circumstances. Under CPS, financial assistance is provided to State Governments/UT  Administrations,  for,  inter  alia,  undertaking  a  situational analysis of children in difficult circumstances, for setting up and maintenance of various types of Child Care Institutions (CCIs).

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## Annexure-I

ANNEXURE REFERRED TO IN REPLY TO PART (a) OF LOK SABHA UN-STARRED QUESTION  NO.2309  FOR  08.07.2019  BY  SHRI  JAGDAMBIKA  PAL  AND  SHRI GAUTAM GAMBHIR REGARDING CHILD LABOUR IN HAZARDOUS OCCUPATIONS

## Hazardous occupations and processes in which adolescents are prohibited to work and children are prohibited to help

- (1) Mines and Collieries (underground and underwater) and related work in, -
2. (i) stone quarries;
3. (ii) brick kilns;
4. (iii) preparatory  and  incidental  processes  thereof  including  extraction,  grinding,  cutting,  splitting, polishing, collection, cobbling of stones or lime or slate or silica or mica or any other such element or mineral extracted from the earth; or
5. (iv) open pit mines.
- (2) Inflammable substances and explosives such as -
7. (i) production, storage or sale of fire crackers;
8. (ii) for manufacture, storage, sale, loading, unloading or transport of explosives as defined under the Explosives Act, 1884 (4 of 1884);
9. (iii) work relating to manufacturing, handling, grinding, glazing, cutting, polishing, welding, moulding, electro-plating, or any other process involving inflammable substances;
10. (iv) waste management of inflammable substances, explosives and their by-products; or
11. (v) natural gas and other related products.

## Hazardous  processes  (serial  numbers  (3)  to  (31)  below  are  as  specified  in  the  First  Schedule of  the Factories Act, 1948 (63 of 1948))

- (3) Ferrous Metallurgical Industries
2. (i) Integrated Iron and Steel;
3. (ii) Ferro-alloys;
4. (iii) Special Steels.
- (4) Non-ferrous  Metallurgical  Industries:  Primary  Metallurgical  Industries,  namely  zinc,  lead,  copper, manganese and aluminium.
- (5) Foundries  (ferrous  and  non-ferrous):  Castings  and  forgings  including  cleaning  or  smoothening  or roughening by sand and shot blasting.
- (6) Coal (including coke) Industries :
8. (i) Coal, Lignite, Coke, similar other substance;
9. (ii) Fuel Cases (including Coal Gas, Producer Gas, Water Gas).
- (7) Power Generating Industries.
- (8) Pulp and paper (including paper products) Industries.
- (9) Fertilizer Industries:
13. (i) Nitrogenous;
14. (ii) Phosphatic;
15. (iii) Mixed.
- (10) Cement Industries: Portland Cement (including slag cement, puzzolona cement and their products).
- (11) Petroleum Industries:
18. (i) Oil Refining;
19. (ii) Lubricating Oils and Greases.
- (12) Petro-chemical Industries.
- (13) Drugs and Pharmaceutical Industries: Narcotics, Drugs and Pharmaceuticals.
- (14) Fermentation Industries (Distilleries and Breweries).
- (15) Rubber (Synthetic Industries).
- (16) Paints and Pigment Industries.
- (17) Leather Tanning Industries.
- (18) Electro-plating Industries.
- (19) Chemical Industries:
28. (i) Coke Oven By-products and Coaltar Distillation products;
29. (ii) Industrial Gases (nitrogen, oxygen, acetylene, argon, carbon dioxide, hydrogen, sulphur dioxide, nitrous oxide, halogenated hydrocarbon, ozone, similar other gas);
30. (iii) Industrial Carbon;
31. (iv) Alkalies and Acids;
32. (v) Chromates and dichromates;
33. (vi) Lead and its compounds;
34. (vii) Electro chemicals (metallic sodium, potassium and magnesium, chlorates, per chlorates and peroxides);
35. (viii) Electro thermal produces (artificial abrasive, calcium carbide);
36. (ix) Nitrogenous compounds (cyanides, cyanamides, and other nitrogenous compounds);
37. (x) Phosphorus and its compounds;
38. (xi) Halogens and Halogenated compounds (chlorine, flourine, bromine and iodine);
39. (xii) Explosives (including industrial explosives and detonators and fuses).
- (20) Insecticides, Fungicides, Herbicides and other pesticides industries.
- (21) Synthetic Resin and Plastics.
- (22) Man-made Fiber (Cellulosic and non-cellulosic) industry.
- (23) Manufacture and repair of electrical accumulators.
- (24) Glass and Ceramics.
- (25) Grinding or glazing of metals.
- (26) Manufacture, handling and processing of asbestos and its products.
- (27) Extraction of oils and fats from vegetable and animal sources.
- (28) Manufacture, handling and use of benzene and substances containing benzene.
- (29) Manufacturing processes and operations involving carbon disulphide.
- (30) Dyes and dyestuff including their intermediates.
- (31) Highly flammable liquids and gases.
- (32) Process involving handling and processing of hazardous and toxic chemicals as specified in Part-II of the Schedule I to the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989.
- (33) Work in slaughter houses and abattoirs including work with guillotines.
- (34) Work involving exposure to radioactive substances including electronic waste and incidental processes therein.
- (35) Ship breaking.
- (36) Salt Mining or Salt Pan Work.
- (37) Hazardous  processes  as  specified  in  Schedule  IX  to  the  Building  and  Other  Construction  Workers' (Regulation of Employment and Conditions of Service) Central Rules, 1998.
- (38) Work in beedi-making or processing of tobacco including manufacturing, pasting and handling tobacco or any drugs or psychotropic substance or alcohol in any form in food processing and beverage industry and at bars, pubs, parties or other similar occasions that serve alcoholic substances.

Any occupation concerned with -

1. transport of passengers, goods or mails by railways;
2. cinder picking, clearing of an ash pit or building operation in the railway premises;
3. work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from one platform to another or into or out of a moving train;
4. work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway  tracks;
5. a port authority within the limits of any port;
6. automobile workshops and garages;
7. handloom and powerloom industry;
8. plastic units and fiberglass workshops;
9. domestic workers or servants;
10. dhabas (roadside eateries), restaurants, hotels, motels, resorts;
11. diving;
12. circus;
13. caring of Elephant;
14. power driven bakery machine;
15. shoe making.

## Processes

1. Carpet-weaving including preparatory and incidental process thereof;
2. Cement manufacture, including bagging of cement;
3. Cloth printing, dyeing and weaving including processes, preparatory and incidental thereto;
4. Shellac manufacture;
5. Soap manufacture;
6. Wool-cleaning;
7. Building and construction industry including processing and polishing of granite stones; hauling and stacking materials; carpentry; masonry;
8. Manufacture of slate pencils (including packing);
9. Manufacture of products from agate;
10. Cashew and cashew nut descaling and processing;
11. Metal cleaning, photo engraving and soldering processes in electronic industries;
12. Aggarbatti manufacturing;
13. Automobile repairs and maintenance including processes incidental thereto namely, welding, lathe work, dent beating and painting;
14. Roof tiles units;

## Annexure-II

ANNEXURE REFERRED TO IN REPLY TO PART (a) OF LOK SABHA UN-STARRED QUESTION  NO.2309  FOR  08.07.2019  BY  SHRI  JAGDAMBIKA  PAL  AND  SHRI GAUTAM GAMBHIR REGARDING CHILD LABOUR IN HAZARDOUS OCCUPATIONS

List of occupations and processes where children are prohibited to help in family or family enterprises (in addition to Annexure-I)

## Occupations

15. Cotton ginning and processing and production of hosiery goods;
16. Detergent manufacturing;
17. Fabrication workshops (ferrous and non-ferrous);
18. Gem cutting and polishing;
19. Handling of chromite and manganese ores;
20. Jute textile manufacture and coir making;
21. Lime kilns and manufacture of lime;
22. Lock making;
23. Manufacturing processes having exposure to lead such as primary and secondary smelting, welding and  cutting  of  lead-painted  metal  constructions,  welding  of  galvanized  or  zincsilicate,  polyvinyl chloride, mixing (by hand) of crystal glass mass, sanding or scraping of lead paint, burning of lead in enamelling  workshops,  lead  mining,  plumbing,  cable  making,  wire  patenting,  lead  casting,  type founding in printing shops. shot making and lead glass blowing;
24. Manufacture of cement pipes, cement products and other related work;
25. Manufacture of glass, glass ware including bangles, florescent tubes, bulbs and other similar glass products;
26. Manufacturing or handling of pesticides and insecticides;
27. Manufacturing or processing and handling of corrosive and toxic substances;
28. Manufacturing of burning coal and coal briquettes;
29. Manufacturing of sports goods involving exposure to synthetic materials, chemicals and leather;
30. Oil expelling and refinery;
31. Paper making;
32. Potteries and ceramic industry;
33. Polishing, moulding, cutting, welding and manufacturing of brass goods in all forms;
34. Processes  in  agriculture  where  tractors,  threshing  and  harvesting  machines  are  used  and  chaff cutting;
35. Saw mill - all processes;
36. Sericulture processing;
37. Skinning, dyeing and processes for manufacturing of leather and leather products;
38. Tyre making, repairing, re-treading and graphite beneficiation;
39. Utensils making, polishing and metal buffing;
40. 'Zari' making and processes involving the use of zari (all processes);
41. Graphite powdering and incidental processing;
42. Grinding or glazing of metals;
43. Diamond cutting and polishing;
44. Rag picking and scavenging;
45. Mechanized fishing;
46. Food processing;
47. Beverage industry;
48. Cultivating, sorting, drying and packaging in spice industry;
49. Timber handling and loading;
50. Mechanical lumbering;
51. Warehousing;
52. Massage parlours, gymnasiums, or other recreational centres, or in medical facilities;
53. Operations involving the following dangerous machines:-
40. (a) hoists and lifts;
41. (b) lifting machines, chains, ropes and lifting tackles;
42. (c) revolving machinery;
43. (d) power presses;
44. (e) machine tools used in the metal trades;
54. Composing types  for  printing,  printing  by  letter  press,  lithography,  photogravure  or  other  similar process or book-binding, as specified in sub-clause (iv) of clause (k) of section 2 of the Factories Act, 1948.
46. ********