CHILDREN’S RIGHTS
The Bill provides for creation of a special fund – Child and Adolescent Labour Rehabilitation Fund – for rehabilitation of rescued children and/or adolescents. The Bill vests the powers with the District Magistrate to ensure that the provisions of the amended law are properly enforced.
Analysis
The proposed amendments to the Child Labour Act are historic due to two key reasons. For the first time, India is moving towards a complete ban on employment of children below 14 years in all occupations and of adolescents in hazardous occupations. Secondly, recognising the socio-economic realities of the country and providing relaxation to parents in case of children assisting their families in non- hazardous work after school. Although the proposed
been added to prohibit the employment of adolescents in hazardous occupations and processes, in order to protect adolescents from the employment not suitable to their age. This is expected to provide relief to a majority of working children in the age group of 15-18 years, who were not previously protected by the law. The amendments have also relaxed the penal provisions for parents or guardians, who were earlier subjected to the same punishment as the employer of the child.
The reason stated for the
change is the socio-economic fabric of the country. The amendments propose no penalty provision for parents for the first offence. However, in case of parents being repeat offenders, they may be penalized with a fine up to approximately USD 150. The changes in the labour law provide for stricter punishment for employers for violation: a) In case of the first offence, the penalty for employers has been increased from a minimum of approximately USD 150 to USD 300 to a minimum of approximately, USD 300 to USD 750. In addition, an imprisonment
110 | The Parliamentarian | 2015: Issue Two
for a term not less than six months but which may extend to two years may be applicable (earlier it was three months to one year) b) In case of a second or subsequent offence of employing any child or adolescent in contravention of the law, the minimum imprisonment would be one year to three years (earlier it was six months to two years).
The Bill provides that the offence of employing any child or adolescent in contravention of the Act by an employer will be made a cognizable offence, which allows the police to arrest without a warrant.
amendments are stricter than the existing law, many activists have highlighted the need for a total ban on child labour below 14 years. Furthermore, some have suggested that the provisions will have a detrimental impact on education, as children may find it difficult to work in a family enterprise and at the same time meet the demands of school. Concerns that by working after school, children will be unable to play or indulge in other activities, which could impact their growth and development, have also been expressed. While any form of ‘child labour’ ought to be prohibited, there is a need to look at the issue in a holistic manner especially within India. There is recognition that child labour conversation has two sides – both the demand and the supply – and is influenced by various factors including (but not limited to) family wealth, number of siblings, joblessness, education and accessibility. A nuanced approach, keeping in mind the social fabric and socio-economic conditions in the country, must be considered.
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