14.5.15

Child labour law amended


The Union Cabinet approved a ban on employment of children below 14 years, with a caveat that children can pursue family businesses, entertainment and sports activities after school or in vacations. The penalty provisions for employing a child have been increased to jail term of three years and fine of up to Rs.50,000.
Children can be employed only in non-hazardous family enterprises, TV serials, films, advertisements and sporting activities (except circuses) on the condition that it would be only after school hours.
The decision has been slammed by child rights activists as retrograde, advocating a complete ban saying it was in contravention with the Right to Education Act.
A new definition of adolescent has also been introduced to further prohibit employment of those aged 14-18 years in hazardous jobs, a government statement said. The amendments to the Child Labour Act has, however, relaxed the penal provisions for parents, who were earlier subjected to same punishment as applicable to the employer of the child.
The amendment bill, approved by the Union Cabinet chaired by PM Narendra Modi, provides that there would be no punishment for parents or guardians in case of first offence, while a maximum penalty of Rs.10,000 can be levied in case of subsequent offences.
The current law prohibits employment of children, aged below 14 years, only in 18 specified occupations and 65 processes and regulates the conditions of working of children in other occupations processes.
The new bill provides that employment of children below 14 years will be prohibited in all occupations and processes. Besides, the age of prohibition of employment will be linked to age under Right of Children to Free and Compulsory Education Act, 2009. The new provisions are part of the official amendments to the Child Labour (Prohibition & Regulation) Amendment Bill, 2012.
The bill also provides for constitution of Child and Adolescent Labour Rehabilitation Fund for one or more districts for the rehabilitation of the child or adolescent rescued. Thus, the Act itself will provide for a fund to carry out rehabilitation activities, said the official statement.
On the exceptions made in the new laws proposed, it said: “While considering a total prohibition on the employment of child, it would be prudent to also keep in mind the country's social fabric and socio-economic conditions.“ It added: “In a large number of families, children help their parents in their occupations like agriculture, artisanship etc. While helping the parents, children also learn the basics of occupations.“
Therefore, it said, striking a balance between the need for education for a child and the reality of the socioeconomic condition and social fabric in the country , the Cabinet has approved that “a child can help his family or family enterprise, which is other than any hazardous occupation or process, after his school hours or during vacation“.

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