Lok Sabha Question No. 2264 (UNSTARRED), answered on 2019-12-02
Subject: Child Labour Act, 2016
Ministry: LABOUR AND EMPLOYMENT
Asked by: Supriya Sadanand Sule, Amol Ramsing Kolhe, Sunil Dattatray Tatkare, Kuldeep Rai Sharma, A.K.P. Chinraj, Subhash Ramrao Bhamre

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

## UNSTARRED QUESTION NO. 2264 TO BE ANSWERED ON 02.12.2019

CHILD LABOUR ACT, 2016

## 2264. SHRIMATI SUPRIYA SULE:

DR. AMOL RAMSING KOLHE:

SHRI SUNIL DATTATRAY TATKARE:

SHRI KULDEEP RAI SHARMA:

SHRI A.K.P. CHINRAJ:

DR. SUBHASH RAMRAO BHAMRE:

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

- (a)whether  the  Child  Labour  (Prohibition  and  Regulation)  Amendment  Act, 2016 has failed to achieve its desired objectives, if so, the details thereof;
- (b)whether the Government is aware that children are indulging in family and family-based  occupations,  agriculture  and  allied  sectors  in  most  of  the rural/urban areas and are still indulged in hazardous occupation, if so, the details thereof along with the steps taken to tackle it;
- (c)the details of the list of States which have drafted State Rules on the Child and Adolescent Labour (Prohibition and Regulation) Act, 2016;
- (d)whether  all  the  States  have  notified  State  Rules  on  the  Child  and Adolescent  Labour  (Prohibition  and  Regulation)  Act,  2016,  if  so,  the details thereof;
- (e) the number  of meetings of the Child Labour Technical Advisory Committee held during the last three years and the outcome thereof; and (f)the other steps taken by the Government to eradicate child labour from the
- country?

## ANSWER

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

- (a) & (b): 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  'help'  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. (c) & (d): The    drafting of State Rules on the Child and Adolescent Labour (Prohibition and Regulation) Act, 2016 in many states is under process. Technical  Advisory  Committee  held  several  meetings  for  its the Schedule of hazardous occupations and processes of  Child and Adolescent

(e): deliberations and based on its recommendations, amendment  in Labour (Prohibition and Regulation) Act, 2016 was made.

(f): After strengthening the legislative framework through amendment in Child  Labour  Act,  Government  has  framed  the  Child  Labour (Prohibition & Regulation) Amendment Rules, 2017 which ensures effective enforcement of the provisions of the Act. Under project based action plan, Government is implementing the National Child Labour Project Scheme for rehabilitation  of  Child  Labour.  To  provide  an  enforcement  mechanism  an online portal PENCiL (Platform for effective enforcement of no child labour) has  also  been  launched  by  the  Ministry  of  Labour  &  Employment  on 26.09.2017.  Ministry  has  also  framed  Standard  Operating  Procedure  as  a ready reckoner for enforcing agencies and other stake holders.

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