A PROJECT ON: REGULATION OF CONDITION OF WORK OF

CHILDREN

MANIPAL UNIVERSITY JAIPUR

SCHOOL OF LAW

Supervised By: Submitted By:

Ms. Kiran Raj MRITTIA SENGUPTA
Assistant Professor B.A.LL. B (Hon’s)
Sem: VI, Sec: A
161401052

1
 CERTIFICATE

This is to certify that Miss Nivedita Harsh, student of B.A LL. B (Hon’s.) Semester VI, School
of Law, Manipal University Jaipur has completed the project work entitled “REGULATION
OF CONDITION OF WORK OF CHILDREN” under my supervision and guidance.

It is further certified that the candidate has made sincere efforts for the completion of this
project work.

Ms. Kiran Raj.

2
 Acknowledgement

I express my gratitude and indebtedness to my professor Ms. Kiran Raj, with whose guidance,
valuable suggestions and kind supervision the present project was carried out. I am also grateful
to the faculty of School of Law for their invaluable feedback and their striving to keep us on
schedule.

I also wish to thank my family and friends for their constant support and encouragement,
without which this project would not have been a success.

Mrittika Sengupta.

3
Contents
INTRODUCTION ..................................................................................................................... 5

Maintenance of Register: ....................................................................................................... 6

REGULATION OF CONDITION OF WORK OF CHILDREN IN INDIA ............................ 6

AMENDMENTS ....................................................................................................................... 6

Child Labour (Prohibition & Regulation) Amendment Act, 2016 ........................................ 6

Child Labour (Prohibition & Regulation) Act, 1986 ............................................................. 7

Section 7 – Period And Hours Of Work Under the Child Labour Act .............................. 7

Section 8 – Weekly Holidays ............................................................................................. 8

Section 13- Health & Safety .............................................................................................. 8

Child Labour (Prohibition & Regulation) Amendment Act, 2016 ........................................ 9

Legislative Provisions Prohibiting and Regulating Employment of Children....................... 9

CONCLUSION ........................................................................................................................ 10

BIBLIOGRAPHY .................................................................................................................... 11

4
 INTRODUCTION
The main object of the Child Labour ( Prohibition and Regulation) Act, 1986 is to address the
social concern and prohibit the engagement of children who have not completed 14th year of
age in certain employments and to regulate the conditions of work of children has been
prohibited in occupations relating to (i) transport of passengers, goods or mails by railways (ii)
bidi making (iii) carpet weaving (iv) manufacturing of matches, explosives and fire (v) soap
manufacture (vi) wool cleaning (vii) building and construction industry. The Government has
also prohibited employment of children in the following occupations or processes: (i)
Abattoirs/Slaughter houses (ii) hazardous processes and dangerous operations as notified (iii)
printing, as defined, (iv) cashew and cashew nut descaling and processing 9v) soldering
processes in electronic industry. The Act prohibits employment of child in about 13
occupations and about 51 processes. The Fundamental Rights mentioned in the Constitution of
India (the law of land) in the Article 24 under Right Against Exploitation also mentions for
prohibition of employment of children in factories, etc.

The Act provides that no child shall be permitted to work between 7 p.m. and 8 a.m. and shall
not be permitted to work over time. No child shall work for more than 3 hours before he has
an interval of one hour. Spread over has been fixed at six hours. A cannot work in more than
one establishment on any day. A weekly holiday is allowed. The Act also provides health and
safety measures for the children. Section 13 of the Act describes to provide child workers
facilities of drinking water, latrines and urinals, cleanliness, disposal of wastes and effluents,
ventilation and temperature, etc. should be provided by the employer. Measures for safety from
dust and fume, artificial humidification, fencing of machinery etc., also need to be provided by
the employer.

The employer is required to notify the Factory Inspectors in case he engages a child for
employment. Production of certificate of age is also required under the rules of the Act.

5
Maintenance of Register:
Every occupier shall maintain in respect of children employed or permitted to work in any
establishment, a register to be available for inspection by an Inspector at all times during
working hours or when work is being carried on in any such establishment, showing-

1. The name and date of birth of every child so employed or permitted to work
2. Hours and periods of work of any such child and the intervals of rest to which he is
entitled
3. The nature of work of any such child
4. Such other particulars as may be prescribed.

REGULATION OF CONDITION OF WORK OF CHILDREN IN INDIA

In 1979, the Indian government formed the Gurupadswamy Committee to find about child
labour and means to tackle it. The Child Labour Prohibition and Regulation Act was enacted
based on the recommendations of the committee in 1986. A National Policy on Child Labour
was formulated in 1987 to focus on rehabilitating children working in hazardous occupations.
The Ministry of Labour and Employment had implemented around 100 industry-specific
National Child Labour Projects to rehabilitate the child workers since 1988.

The Indian government has enacted a plethora of acts, laws, organizations, and institutions to
combat the overwhelming prominence of child labour. Some of the initiatives include the Child
Labour Prohibition and Regulation Act which is a piece of legislation that prohibits the
engagement of children in certain employment (mostly in dangerous conditions) and regulates
the conditions of work of children; the National Policy on Child Labour seeks to adopt a
sequential approach with focus on rehabilitation of children working in hazardous occupations
& processes in the first instance; and the Ministry of Labour and employment functions to
provide and supervise a range of policies concerning child labour in India.

AMENDMENTS
Child Labour (Prohibition & Regulation) Amendment Act, 2016
Government of India has notified the amendment in the Child Labour (Prohibition and
Regulation) Central Rules after extensive consultation with the stakeholders. The Rules
provide broad and specific framework for prevention, prohibition, rescue and rehabilitation of
child and adolescent workers. It also clarifies on issues related with help in family and family
enterprises and definition of family with respect to child, specific provisions have been

6
incorporated in rules. Further, it also provides for safeguards of artists which have been
permitted to work under the Act, in terms of hours of work and working conditions. The rules
provide for specific provisions incorporating duties and responsibilities of enforcement
agencies in order to ensure effective implementation and compliance of the provisions of the
Act.

Children have been suffering from societal exploitation for a long time now. The increasing
rate of illiteracy, poverty, and lack of awareness in India is the main reason behind the same.
However, various social organizations have voiced their opinions time and again for bringing
necessary changes in the child labour act. These are expected to regulate the working conditions
of children.

Recommendations made by various committees such as the Gurupadaswamy Committee on

child labour, the National Commission on labour and Sarat Mehta Committee led to the
enactment of Child labour (Prohibition & Regulation) Act, 1986. This child labour act brings
the whole of India under its purview.

Child Labour (Prohibition & Regulation) Act, 1986

The Child labour (Prohibition & Regulation) Act, 1986 can further be divided into four parts
and one schedule comprising of two more parts of which the provisions contained in Part III
of the Act pertaining to working conditions for children became effective from 26th May 1993.

However, Other provisions are decided upon by the Central government. It holds the ultimate
power of appointing various dates for various states and various class of establishments.

Section 7 – Period And Hours Of Work Under the Child Labour Act
Children cannot be permitted to work in any establishment for more than what has been
prescribed for that class of establishment.

They cannot be asked or permitted to work in between 7 p.m. and 8 a.m.

Children need to take an hours rest before starting with three more hours of work.

The child labour act has arranged the work period in such a manner that children won’t have
to spend more than six hours in the establishment comprising of his interval for rest.

Children are not allowed to work overtime.

7
Children cannot work in an establishment on a day when he had already worked in another
establishment.

Section 8 – Weekly Holidays

Children working in an establishment can enjoy a complete day off each week.

Section 13- Health & Safety

The appropriate government may issue a notification in the official gazette for making rules
pertaining to the safety and health of children who are employed in a particular establishment.

The above-mentioned rules might cover any one or all of the following matters:

1. Disposal of effluents and waste

2. Freedom of workplace from nuisance
3. Dust and fume
4. Ventilation and temperature
5. Lighting
6. Latrine and urinals
7. Artificial humidification
8. Drinking water
9. Work either at or near any machinery in motion
10. Fencing of machinery
11. Spittoons
12. Device for cutting power supply
13. Easing of new machinery
14. Employing children for running dangerous machines
15. Training and supervising children running dangerous machines
16. Means of access like floor and stairs
17. Self-acting machines
18. Excessive weights
19. Maintenance of buildings
20. Protection of eyes
21. Precautions on the occurrence of fire
22. Sumps, pits, and floor openings
23. Safety of buildings and machinery
24. Inflammable dust, gas etc.

8
Child Labour (Prohibition & Regulation) Amendment Act, 2016
Government has enacted the Child Labour (Prohibition & Regulation) Amendment Act, 2016
which came into force w.e.f. 1.9.2016. The Amendment Act completely prohibits the
employment of children below 14 years. The amendment also prohibits the employment of
adolescents in the age group of 14 to 18 years in hazardous occupations and processes and
regulates their working conditions where they are not prohibited. The amendment also provides
stricter punishment for employers for violation of the Act and making the offence of employing
any child or adolescent in contravention of the Act by an employer as cognizable.

In order to achieve effective enforcement of the provisions of the Act, the amendment
empowers the appropriate Government to confer such powers and impose such duties on a
District Magistrate as may be necessary. Further, the State Action Plan has been circulated to
all the States/UTs for ensuring effective implementation of the Act.

Legislative Provisions Prohibiting and Regulating Employment of Children

 As per the Child Labour (Prohibition & Regulation) Act, 1986 “child” means a person
who has not completed is 14th year of age.
 The Act prohibits employment of children in 13 occupations and 57 processes
contained in Part A & B of the Schedule to the Act (Section 3).
 Under the Act, a Technical Advisory Committee is constituted to advice for inclusion
of further occupations & processes in the Schedule.
 The Act regulates the condition of employment's in all occupations and processes not
prohibited under the Act (Part III).
 Any person who employs any child in contravention of the provisions of section 3 of
the Act is liable for punishment with imprisonment for a term which shall not be less
than three months but which may extend to one year or with fine which shall not be less
than Rs 10,000 but which may extend to Rs 20,000 or both. ((Section 14).
 The Central and the State Governments enforce the provisions of the Act in their
respective spheres.

9
 CONCLUSION
India is one of the countries where children below 14 years age and below have been making
them to work in menial, hazardous work environment and sometimes dirty jobs in hotels and
restaurants for washing of dishes and bowels, Child labour has been hired especially in the
small-scale units like leather, plastic, bangle manufacturing, poultry, food manufacturing and
Garment Manufacturing related units et cetera. There are people who are doing business of
supplying Child labour to aforesaid units by procuring them from various States like Bihar,
Uttar Pradesh and Jharkhand, subsequently sometimes children literally being treated like
animals in small-scale units, they are being exploited, abused, in fact sexual harassment and
many atrocities being done to them. There are many children captured and staying in clutches
of inhuman employers since long time and many are trying to escape from the hands of such
people, only a few of them are able to escape from the clutches and others are still waiting for
a chance.

In India employing a person who is under the age of 14 called as child, whoever takes work in
any industry or establishment shall be treated as crime and such are liable for serious
punishments according to the Child Labour (Prohibition & Regulation) Act, 1986. Indian
police are empowered to take the cognizance of child labour consequently arrest them and
produced before honourable courts. In addition to this there are many voluntary organisations
striving for abolish of Chile labour and provide education for their better future.

Labour ministry has notified the amendments to the Child Labour (Prohibition and Regulation)
Act, paving way for complete prohibition of employment of children up to the age of 14 years
but allowing them to help in family enterprises.

The proposed changes have been made effective from September 1, 2016 even as the debate
continues on whether the government needs to re-look at the provisions to avoid any misuse of
the Act. According to the 2001 census, there were 12.6 million child workers between the ages
of five and 14 in India. In 2011, this number fell to 4.35 million. The National Sample Survey
Office's survey of 2009-10 put the number at 4.98 million. Article 24 of the Indian constitution
clearly states that, "No child below the age of fourteen years shall be employed to work in any
factory or mine or employed in any hazardous employment." The Child Labour (Prohibition

10
and Regulation) Act of 1986 designates a child as a person who has not completed their 14th
year of age. It aims to regulate the hours and the working conditions of child workers and to
prohibit child workers from being employed in hazardous industries.

BIBLIOGRAPHY
1. "Other Initiatives Against Child Labour in India". International Labour Organization.
Retrieved 21 October 2009.
2. "National Legislation and Policies Against Child Labour in India". International Labour
Organization. Retrieved 21 October 2009.
3. 27803. "India. Child Labour- Prohibition and Regulation Act, 1986". www.ilo.org.
Retrieved 2017-11-16.
4. Laxmikanth. Governance In India. Tata McGraw-Hill Education. ISBN
9780071074667.
5. Osment, Emily (2017). "Child Labour; The Effect on Child, Causes and Remedies to
the Revolving Menace". Lund University Publications: 9–14.

11