Lok Sabha Question No. 1 (STARRED), answered on 2016-07-18
Subject: Revamping of Child Labour Laws
Ministry: LABOUR AND EMPLOYMENT
Asked by: S.P. MUDDAHANUMEGOWDA

## GOVERNMENT OF INDIA

## MINISTRY OF LABOUR AND EMPLOYMENT

## LOK SABHA

## STARRED QUESTION NO. 1

TO BE ANSWERED ON 18.07.2016

## REVAMPING OF CHILD LABOUR LAWS

*1. SHRI S.P. MUDDAHANUME GOWDA:

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

- (a)the details of laws in force to curb and prevent exploitation of child labour in the country and the extent to which these laws have been effective in containing the exploitation of child labour;
- (b)whether the Government proposes to amend child labour laws and if so, the details thereof;
- (c)whether  the  Government  has  received  objections  from  various organisations/experts on the proposed amendments; and
- (d)if  so,  the  details  thereof  and  the  response  of  the  Government thereto?

## 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. 1 RAISED BY SHRI S.P. MUDDAHANUME GOWDA FOR

ANSWER ON 18.07.2016 REGARDING REVAMPING OF CHILD LABOUR LAWS:

(a) Government  is  implementing  the  Child  Labour  (Prohibition  &  Regulation)  Act, 1986  which  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.  Under  the  Child  Labour  (Prohibition  & Regulation) Act, 1986, Central Government is the appropriate Government for enforcement  in  respect  of  Central  Government  establishments,  railways,  major  ports, mines or oil fields and in all other cases, State Government is the appropriate Government for enforcement of the Act. The number of main workers in the age group of 5-14 years in the country is 43.53 lakh as per 2011 Census which shows a decline from 2001 Census. (b) A Bill to amend the Child Labour (Prohibition & Regulation) Act, 1986 has been introduced in Rajya Sabha in 2012. The Government has also decided to move Official Amendments to this Bill. The Amendment Bill along with 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,  making  the  punishment  for  employers  more  stringent  and  the  offence  of employing any child or adolescent in contravention of the Act, made cognizable. (c) The views of various organizations/experts/different stakeholders have been considered  and  given  due  weightage  in  the  proposed  amendments.  The  Report  of Parliamentary Standing Committee on the Amendment Bill introduced in 2012, was also examined  in  the  Ministry.  A  public  consultation  was  also  carried  out  by  seeking  the comments of the public after placing the Report of the Parliamentary Standing Committee on  the  proposed  amendments  and  the  comments  of  the  Ministry  on  the  Report,  on  the website.

- (d) Some organizations have raised concern about the following:
- (i) proposed exemption allowing child to help his family or family enterprises and
- (ii) difference in the proposed Schedule of hazardous occupations and processes from the existing Schedule of certain occupations and processes.

Contd..

The  proposed  amendment  prohibits  children  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.

The  existing  Schedule  of  occupations  and  processes  in  the  present  Child  Labour (Prohibition  &  Regulation)  Act,  1986  is  applicable  to  children  below  14  years.  The proposed Schedule is of hazardous occupations and processes unsuitable for adolescents. Hence  both  Schedules  should  not  be  compared.  The  proposed  Schedule  is  dynamic  in nature and can be modified by the Government from time to time through notification.

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