Lok Sabha Question No. 3447 (UNSTARRED), answered on 2019-12-09
Subject: Occupations for Child Labourers
Ministry: LABOUR AND EMPLOYMENT
Asked by: Mansukhbhai Dhanjibhai Vasava

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

UNSTARRED QUESTION NO. 3447 TO BE ANSWERED ON 09.12.2019

## OCCUPATIONS FOR CHILD LABOURERS

†3447. SHRI MANSUKHBHAI DHANJIBHAI VASAVA:

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

- (a)the details of occupations and procedures notified as hazardous for child labourers;
- (b)whether  children  are  being  engaged  in  such  occupations  in  many parts of the country;
- (c)if  so,  the  State-wise  and  year-wise  details  of  such  child  labourers engaged in such hazardous works during the last three years and the current year; and
- (d)the details of the effective steps taken to check child labour?

## 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 AnnexureII.
- (b) to (c):
- The information in this regard is not maintained centrally.
- (d): Child  Labour  is  an  outcome  of  various  socio-economic problems such as poverty, economic backwardness and illiteracy. For elimination of child labour, the Government of India stands committed to  the  elimination  of  child  labour    in  the  country  .  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.

After  amendment  in  the  Act,  the  Government  has  framed the Child Labour (Prohibition and Regulations) Amendment Rules, 2017 which  inter  alia  specifies  the  duties  and  responsibilities    of  State

Government  and district authorities.

Government has also devised a Standard Operating Procedure as a ready reckoner for trainers, practitioners and enforcing and  monitoring  agencies.  The  Scheme  is  regularly  monitored  and evaluated  by the  Chairman,  Project Director of the Society ,  District Nodal  Officer,  Labour  Commissioner  and  Ministry  of  Labour  and Employment.

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 Sarva Shiksha Abhiyan.

To ensure the effective enforcement of the provisions of the Child  Labour  Act  and  smooth  implementation  of  NCLP  Scheme,  a Effective Enforcement  for  No  Child  Labour)  is  functional  for  better  monitoring and implementation of NCLP, thereby ensuring timely disposal of work dedicated online portal named PENCiL (Platform for with transparency

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## ANNEXURE  REFERRED  TO  IN  REPLY  TO  PART  (a)  OF  LOK  SABHA  UN-STARRED QUESTION  NO.  3447  FOR  09.12.2019  BY  SHRI  MANSUKHBHAI  DHANJIBHAI  VASAVA REGARDING OCCUPATIONS FOR CHILD LABOURERS.

## 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;

## ANNEXURE-II

ANNEXURE  REFERRED  TO  IN  REPLY  TO  PART  (a)  OF  LOK  SABHA  UN-STARRED QUESTION  NO.  3447  FOR  09.12.2019    BY  SHRI  MANSUKHBHAI  DHANJIBHAI  VASAVA REGARDING OCCUPATIONS FOR CHILD LABOURERS.

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

## Occupations

13. Automobile  repairs  and  maintenance  including  processes  incidental  thereto  namely,  welding, lathe work, dent beating and painting;
14. Roof tiles units;
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:-
42. (a) hoists and lifts;
43. (b) lifting machines, chains, ropes and lifting tackles;
44. (c) revolving machinery;
45. (d) power presses;
46. (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.

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