Lok Sabha Question No. 3103 (UNSTARRED), answered on 2019-12-06
Subject: Working Children
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: K. Shanmuga Sundaram

## GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA UNSTARRED QUESTION NO.3103

TO BE ANSWERED ON 06.12.2019

## WORKING CHILDREN

## 3103.  SHRI SHANMUGA:

SHRI SUNDARAM K.:

Will the Minister of WOMEN AND CHILD DEVELOPMENT be pleased to state:

- (a) whether the Census 2011 figures have pointed out that several children under the age of 14 are still working in different sectors across India and 1.01 crore of children in the age group of 5 to 14 out of25.96 core children are working for their families;
- (b) whether  the  Government  is  having  any  data  regarding  the  employment  of children, State/UT-wise and religion-wise;
- (c) If so, the details thereof;
- (d) the details of the steps taken by the Government to bring out structural changes in the society to prevent childlabour; and
- (e) whether the Government is having any proposal for strict penal provision in IPC on the lines of Article 24 and Article 39 of the Constitution which provides special protection to children?

## ANSWER

## THE MINISTER OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI SMRITI ZUBIN IRANI)

(a) to (e):  As informed by the Ministry of Labour and Employment, the number of main workers  in the age group of 5-14 years,as per Census 2011, State-wise in the country is 43.53 lakh.   State wise details of main workers in the age group of 5-14 years as per Census 2011 is Annexed .

For elimination of child labour, the Government of India stands committed to the elimination  of  child  labour  in  the  country.  The  Government  has  amended  the  Child Labour (Prohibition & Regulation) Act, 1986 and enacted the 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.

The Ministry of Labour and Employment is also implementing the National Child Labour Project (NCLP) Scheme since 1988 for rehabilitation of child labourers. Under the NCLP, the 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.  The children in the age group of 5-8 years are directly linked to the formal education system through a close coordination with the SarvaShikshaAbhiyan.  To  ensure  the  effective  enforcement  of  the  provisions  of  the Child  Labour  Act  and  smooth  implementation  of  NCLP  Scheme,  a  dedicated  online portal  named  PENCiL  (Platform  for  Effective  Enforcement  for  No  Child  Labour)  has been developed in order to make the NCLP successful through better monitoring and implementation ensuring the timely disposal of work with transparency.

As  per  Section  2  (14)  (ii)  of  The  Juvenile  Justice  (Care  and  Protection  of Children) Act, 2015 (JJ Act), a child  who is found working in contravention of labour laws for the time being in force or is found begging, or living on the street is included as a  'child  in  need  of  care  and  protection',  among  others.  Section  79  of  the  JJ  Act provides,whoever ostensibly engages a child and keeps him in bondage for the purpose of  employment or  withholds  his  earnings  or  uses  such  earning  for  his  own  purposes shall  be  punishable  with  rigorous  imprisonment  for  a  term  which  may  extend  to  five years and shall also be liable to fine of one lakh rupees. The primary responsibility of execution  of  the  Act  lies  with  the  States/UTs.  The  Ministry  of  Women  and  Child Development  is  implementing  a  centrally  sponsored  Child  Protection  Services  (CPS) Scheme (erstwhile Integrated Child Protection Scheme) for supporting the  children  in difficult circumstances.The primary responsibility of implementation of the scheme lies with  the  State  Governments/UT  Administrations.  The  scheme  inter-alia  provides  for setting up of Child Care Institutions (CCIs) by the States/UTs either by themselves or in association with voluntary organisations. The scheme, also provides for non-institutional care  wherein  support  is  extended  for  adoption,  foster  care  and  sponsorship.  The scheme supports 24x7 outreach helpline service for children in distress. This service is available through a dedicated toll free number, 1098 which can be accessed by children in crisis or by adults on their behalf from any place in the geographical location of India.

***

## Annexure

## State wise details of main workers in the age group of 5-14 years as per Census 2011.

| S. No   | Name of State/UT        | No. of main workers in the age group   |
|---------|-------------------------|----------------------------------------|
| 1.      | Andaman & Nicobar UT    | of 5-14 years 999                      |
| 2.      | Andhra Pradesh          | 404851                                 |
| 3.      | Arunachal Pradesh       | 5766                                   |
| 4.      | Assam                   | 99512                                  |
| 5.      | Bihar                   | 451590                                 |
| 6.      | Chandigarh UT           | 3135                                   |
| 7.      | Chhattisgarh            | 63884                                  |
| 8.      | Dadra & Nagar Haveli UT | 1054                                   |
| 9.      | Daman and Diu UT        | 774                                    |
| 10.     | Delhi UT                | 26473                                  |
| 11.     | Goa                     | 6920                                   |
| 12.     | Gujarat                 | 250318                                 |
| 13.     | Haryana                 | 53492                                  |
| 14.     | Himachal Pradesh        | 15001                                  |
| 15.     | Jammu and Kashmir       | 25528                                  |
| 16.     | Jharkhand               | 90996                                  |
| 17.     | Karnataka               | 249432                                 |
| 18.     | Kerala                  | 21757                                  |
| 19.     | Lakshadweep             | 28                                     |
| 20.     | Madhya Pradesh          | 286310                                 |
| 21.     | Maharashtra             | 496916                                 |
| 22.     | Manipur                 | 11805                                  |
| 23.     | Meghalaya               | 18839                                  |
| 24.     | Mizoram                 | 2793                                   |
| 25.     | Nagaland                | 11062                                  |
| 26.     | Odisha                  | 92087                                  |
| 27.     | Puducherry              | 1421                                   |
| 28.     | Punjab                  | 90353                                  |
| 29.     | Rajasthan               | 252338                                 |
| 30.     | Sikkim                  | 2704                                   |
| 31.     | Tamil Nadu              | 151437                                 |
| 32.     | Tripura                 | 4998                                   |
| 33.     | Uttar Pradesh           | 896301                                 |
| 34.     | Uttarakhand             | 28098                                  |
| 35.     | West Bengal             | 234275                                 |
|         | TOTAL                   | 4353247                                |