Child Labour (Prohibition and Regulation) Act, 1986, Highlights and Implementation

In India, Thousands of Children are working in many Industries and they are being exploited by business men and industrialists. Not only child labour, but begging is also another area in which children are being exploited. Nobody is bothered about their future of education. In Delhi the government constructed number of flyovers and claiming the city as one of the top class city in the world. But anybody coming to Delhi will be first greeted by beggars, most of them are children.

At the time of Commonwealth games, the government managed to hide the beggars for few days (This may be their main success in Common Wealth Games; others were siphoning fund and corruption). If somebody speak or write about these things, the great bureaucrats and politicians will be irritated. They are claiming that Delhi and India is growing. They are completing their duty by donating 1 Rupee or 2 Rupee coin to the beggars and showing their greatness. They do not have time to see the painful picture of small children begging for the whole day and working in different industries, without knowing that their future is dark forever. I think the so called politicians and bureaucrats do not have sufficient common sense to understand that every citizen have the right to lead a decent life. In my experience Delhi is 30 years back than my native village in many things. Before coming to Delhi, I have never seen a Cycle Rickshaw and it was not imaginable for me that one person drives a Cycle Rickshaw by using physical power (most of them are physically weak and will definitely be considering their life as a punishment) and another enjoying the ride.

Child Labour (Prohibition and Regulation) Act, 1986 was passed with good intention of prohibiting child labour and stop exploitation of children. But it is not being implemented properly, just because for execution of every law, some complainant should be there. Anyway highlights of the act are:

Section 3 of the Child Labour (Prohibition and Regulation) Act, 1986 prohibits Employment of Children in Certain Occupations and Processes.

Section 5 of the Act, 1986 has provision for appointing child labour technical advisory committee by the Central Government.

Section 7 of the Act contains guideline of permitted working hours of children in the Industry. Section 8 of the Act has provision related to Weekly Holidays.

Section 9 of the Act has guideline related to notice to be given to inspector. Section 14 of the Act has provision of penalties for violation of the Act.

Punishment for Employing Children by violating Section 3 of the Child Labour (Prohibition and Regulation) Act, 1986

As per Section 14(1) whoever employs any child or permits any child to work in contravention of the provisions of Section 3 shall be punishable 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 ten thousand rupees but which may extend to twenty thousand rupees or with both.

(2) Whoever, having been convicted of an offence under Sec. 3, commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years.

(3) Whoever - (a) fails to give notice as required by Sec. 9, or

(b) fails to maintain a register as required by Sec. 11 or makes any false entry in any such register; or

(d) fails to comply with or contravenes any other provisions of this Act or the rules made there under, shall be punishable with simple imprisonment which may extend to one month or with fine which may extend to ten thousand rupees or with both.

Section 17 of the Act Contains Provision Regarding Appointment of Inspectors.
As per Section 17 of the Act - The appropriate Government may appoint inspectors for the purposes of securing compliance with the provisions of this Act and any inspector so appointed shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).

Hope that a day will come for proper implementation of the Act to protect the poor children from exploitation.