DEFINITION OF CHILD LABOUR

 Practice of having children engage in

economic activity, on part of full time basis.
The practice deprives children of their
childhood, their potential and their dignity
and that is harmful to their physical, mental
and social development.
Child labour and its worst
forms
 Forced Labour;
 Sexual Exploitation;
 The use of children in illicit activities;
 Hazardous works.
 STATISTICS

 Worldwide 218 million children between the age

group of 5 and 17 years are working. Among
them,
152 million are victims of child labour; and
73 million, work in hazardous child labour.
 Almost half of all 152 million children victims of
child labour are aged 5-11 years.
42 million (28%) are 12-14 years old; and
 37 million (24%) are 15-17 years old.
 Hazardous child labour is most prevalent
among the 15-17 years old.
CHILD LABOUR

 Among 152 million children in child labour,

88 million are boys and;
64 million are girls.
 58% of all children in child labour and 62% of all
children in hazardous work are boys.
 Child labour is concentrated primarily in agriculture
(71%), which includes fishing, forestry, livestock
herding and aquaculture, and comprises both
subsistence and commercial farming;
17% in Services; and
12% in the Industrial sector, including mining.
INTERNATIONAL LEGAL FRAME WORK

 Geneva Declaration on the Rights of the Child , 1924;

 The UDHR,1948(ART.25 & 26) ;

 The Declaration Of The Rights Of Child, 1959 (Principle.9);

 Convention On The Rights Of The Child, 1989 (Art.32):

 Optional Protocol To The Convention On The Rights Of The

Child On The Sale Of Children, Child Prostitution And Child
Pornography, 2000 :
 Optional Protocol To The Convention On the
Rights Of The Child On The Involvement Of
Children In Armed Conflict,2000:
 International Labour Organisation Minimum
Age Convention, 1973 (No. 138);
 International Labour Organisation Worst
Forms Of Child Labour Convention1999 (No.
182):
 Palermo Protocol On Trafficking In Persons
Especially Women And Children, 2000:
Constitutional Provisions:

 Art.24 of the Constitution of India, 1950;

 Art.39(e)– that the health and strength of the
workers, men, women and the tender age of
children are not abused and the citizens are not
forced by economic necessity to enter
avocations unsuited to their age and strength;
 Art.39(f)– that the children are given
opportunities and facilities to develop in a
healthy manner and in condtions of freedom and
dignity and that childhood and youth are
protected against exploitation and against moral
and material abandonment
 Art.45—the State shall endeavour to provide,
within a period of 10years from the
commencement of this Constitution, for free
and compulsory education for all children
until they complete the age of 14 years;
 Art.21-A –provides free and compulsory
education of all children in the age group of
six to fourteen years as a Fundamental Right
 .
 THE CHILD LABOUR (PROHIBITION AND REGULATION)
AMENDMENT ACT,2016

 1. This Act is based on Article 24 of the Constitution under

which no child below the age of 14 years is to be employed
in any factory or mine or engaged in any other hazardous
employment.
 2. This Acts prohibits the engagement of children in all
occupations and the engagement of adolescents in
hazardous occupations and processes;
 3. Under this Act, ‘child’ means a person who has not
completed his fourteenth year of age or such age as may be
specified in the Right of Children to Free and Compulsory
Education Act, 2009, whichever is more and
‘adolescent’ means--- a person who has completed his
fourteenth year of age but has not completed his
eighteenth year’.
 4. This Act contains four parts viz.,
 First part deals with preliminary,
 Second part contains certain rules relating to the prohibition of
employment of children in any occupation and process but
these provisions do not apply in where a child---
 (a) helps his family or family enterprise, which is other than
any hazardous occupations or processes set forth in the
Schedule, after his school hours or during vacations;
 (b) works as an artist in an audio-visual entertainment industry,
including advertisement, films, television serials or any such
other entertainment or sports activities except the circus, subject
to such conditions and safety measures, as may be prescribed:
 Third part provides Regulation of condition of work of
Adolescents and;
 Fourth part indicates miscellaneous and one schedule
which contains list of industries involving hazardous
processes such as Mines, Inflammable substances or
explosives and Hazardous process.
 This schedule is substituted for the old one which had two
parts, i.e. Part A and Part B. Part A had a list of occupations
such as transport of passengers or goods or mail by railway,
cinder picking, etc. Part B dealt with a list of processes such
as bidi-making, carpet-weaving, manufacture of matches,
explosives and fireworks, etc. No child is to be employed in
any of the occupations and processes listed in the
Schedule.
 5. The Central Government has the powers to add
any occupation or process to the Schedule in
consultation with the Technical Advisory Committee.
 6. The appropriate government may employ
Inspectors to ensure compliance with this Act.
 7. Any person who employs a child or adolescent in
any occupation or process mentioned in
contravention of the provisions of this Act, is to be
punished with imprisonment for a term which shall
not be less than six months but which may extend to
two years, or with fine which shall not be less than
twenty thousand rupees but which may extend to
fifty thousand rupees, or with both:
 8. Any person, police officer or Inspector may file a
complaint in respect of non-compliance of the
provisions of this Act before the Metropolitan
Magistrate or a Magistrate of the First Class.
 9. Further the appropriate Government shall
constitute a Fund in every district or for two or more
districts to be called the Child and Adolescent Labor
Rehabilitation Fund to which the amount of the fine
realized from the employer of the child and
adolescent, within the jurisdiction of such district or
districts shall be credited.

 People’s Union for Democratic Right v. Union of
India--AIR 1982 SC 1473– The complaint of
violation of Article 24 based on the averment
that children below the age of 14 years are
employed in the construction work of the Asiad
projects. Accordingly, court held that though
construction work was not included among the
hazardous industries in the employment of
children Act, 1938 , it is plainly undoubtedly a
hazardous employment.
 Labourers Working on Salal Hydro–project v. State
of Jammu and Kashmir and other, AIR 1984 SC 177
 M.C. Mehta v. State of Tamil Nadu-AIR 1997, SC
699;
 Bandhu Mukti Morcha v.UOI, (1997) 10 SCC 549;
 Hemendra Bhai v.State of Chattisgarh(2003)II ILJ
645 (Chhat)