Indian Labour Law | Child Protection

Child Labour Law in India: Prohibition, Penalties and Enforcement

Child labour remains a serious concern in India. Children may be exploited in workshops, domestic work, informal businesses, street activities and organised begging, losing access to education, safety and a healthy childhood. India now has stronger restrictions than those described in the original 1986 law.

Current legal position: The Child Labour (Prohibition and Regulation) Act, 1986 was substantially amended in 2016 and is now titled the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986. Employment of children below 14 is generally prohibited in all occupations and processes, subject to narrowly defined statutory exceptions. Adolescents aged 14 to below 18 are prohibited from hazardous occupations and processes.

Why implementation matters

Public infrastructure and economic growth cannot substitute for protection of vulnerable children. Children working or begging in cities, including Delhi, may face coercion, unsafe conditions and interrupted schooling. Enforcement should not depend solely on a child or family lodging a complaint: proactive inspection, rehabilitation, access to schooling and action against exploitative employers are essential.

Key definitions and legal provisions

Section 2: Child and adolescent

Under section 2, a child is a person who has not completed 14 years of age, or such age as may be specified in the Right of Children to Free and Compulsory Education Act, 2009, whichever is more. An adolescent has completed 14 years but has not completed 18 years. Age determination in individual cases follows the applicable statutory procedure.

Section 3: Prohibition of employment of children

Section 3 generally prohibits employing or permitting a child to work in any occupation or process. The law contains limited exceptions, subject to prescribed conditions, for helping the family or family enterprise after school hours or during vacations (excluding hazardous occupations/processes), and for work as an artist in specified audio-visual entertainment or sports activities other than a circus, without affecting school education. These are not blanket permissions to employ children.

Section 3A: Hazardous work by adolescents

Section 3A prohibits adolescents from working in hazardous occupations and processes listed in the Schedule. The Schedule and applicable notifications must be checked for the current coverage.

Section 5: Technical advisory committee

Section 5 provides for a technical advisory committee to advise the Central Government on additions to the Schedule of hazardous occupations and processes.

Sections 6 to 13: Conditions where adolescent work is permitted

For non-prohibited adolescent work, Part III regulates working conditions. Section 7 addresses hours and periods of work, including limits on continuous work, spread-over, and night work; section 8 provides for a weekly holiday; section 9 deals with notice to inspectors; section 11 concerns maintenance of a register; and section 12 requires display of an abstract of the law. These provisions should not be read as authorising employment prohibited by sections 3 or 3A.

Section 14: Penalties for violations

After the 2016 amendment, employing a child contrary to section 3 or an adolescent contrary to section 3A can attract imprisonment of six months to two years, or a fine of Rs. 20,000 to Rs. 50,000, or both, subject to the statutory terms. Repeat offending can attract imprisonment of one to three years. Different treatment applies to parents or guardians under the Act, including protections for a first offence and specific rules for subsequent offences. Other contraventions of the Act or rules may attract separate penalties. The older figures of three months to one year and Rs. 10,000 to Rs. 20,000 are no longer the general employer penalty under section 14.

Sections 14A, 14B, 14C and 17: Enforcement and rehabilitation

Section 14A makes specified offences cognizable; section 14B provides for a Child and Adolescent Labour Rehabilitation Fund; and section 14C permits compounding of certain offences as prescribed. Section 17 authorises the appropriate government to appoint inspectors for securing compliance. Enforcement also involves district authorities, labour departments, child protection agencies and police where appropriate.

Constitutional protection and right to education

Article 24 of the Constitution prohibits employment of children below 14 in factories, mines and other hazardous employment. Article 21A and the Right of Children to Free and Compulsory Education Act, 2009 establish the right to free and compulsory elementary education for children aged 6 to 14. Article 39(e) and (f) direct the State to protect children from abuse and support healthy development.

Child begging and trafficking may also involve other laws, including child protection and anti-trafficking provisions. The child labour statute alone does not comprehensively regulate every instance of begging.

How to report suspected child labour

Where a child is in immediate danger, contact local police or emergency services.
Contact the local labour department, district administration or child protection authorities with the location, nature of work and available evidence.
Use official child-protection reporting mechanisms, including the national child helpline 1098 where available.
Avoid confronting suspected exploiters if doing so may endanger the child. Protect the child's identity and privacy.

Official laws and government resources

Legal information updated for October 2026. Consult the current consolidated Act, rules, notifications and relevant state procedures for specific cases.