Lok Sabha Question No. 305 (STARRED), answered on 2015-12-21
Subject: Child Labour in Family Enterprises
Ministry: LABOUR AND EMPLOYMENT
Asked by: RAJESH RANJAN  (PAPPU  YADAV)

## GOVERNMENT OF INDIA MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA STARRED QUESTION NO. 305 TO BE ANSWERED ON 21.12.2015

## CHILD LABOUR IN FAMILY ENTERPRISES

*305. SHRI RAJESH RANJAN:

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

- (a)whether  the  Government  has  taken  note  of  prevalence  of  child labour under the guise of family business/enterprises and if so, the details thereof; (b)the provisions/measures available under the existing acts to arrest this situation; (c)whether the Government proposes to amend the existing acts so as
- to completely eradicate child labour in the country; and (d)if so, the details thereof?

## ANSWER

MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI BANDARU DATTATREYA)

(a) to (d): A statement is laid on the Table of the House.

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STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (d) OF LOK SABHA  STARRED  QUESTION  NO.305  RAISED  BY SHRI  RAJESH RANJAN FOR ANSWER ON 21.12.2015 REGARDING CHILD LABOUR IN FAMILY ENTERPRISES

- (a) & (b): Child Labour (Prohibition & Regulation) Act, 1986 prohibits the employment  of children below 14 years of age in certain occupations  and  processes  and  regulates  the  working  conditions  of children in employment where they are not prohibited. The present Act while  prohibiting  the  employment  of  child  in  18  occupations  and  65 processes  provides  for  an  exception  to  any  workshop  where  any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or recognition from, Government.
- (c) & (d): A Bill to amend the Child Labour (Prohibition & Regulation) Act, 1986 has been introduced in Rajya Sabha in 2012. The Government has decided to move Official Amendments  to the Amendment Bill. The Amendment Bill along with the Official Amendments, inter-alia, proposes complete prohibition on employment of children below 14 years, linking the age of prohibition with the age under Right of Children to Free and Compulsory Education Act, 2009, and stricter punishment for the employers  contravening the provisions of the Act.

The proposed amendment will bring complete prohibition of employment of children  in  any  occupation  or  process.  Not  only  this, children  are  prohibited  to work  in  their family/family enterprise. However, considering the social fabric and socio-economic conditions in the country where children acquire and imbibe basic skill sets while helping their parents, such help is permissible under proposed amendments.  Additionally,  the  proposed  amendments  provide  the following safeguards also:

-  The proposed amendment only permits 'help' and not 'employment' in family/family enterprise.
-  The  family  enterprise  should  be  carried  on  by  the  members  of  the child's family only.
-  The help given by the child to his family/family enterprise will not be allowed, if it involves hazardous process.
-  The school education of the child should not be affected due to this help.

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