CHILD LABOUR: LAW AND PROHIBITION

S.S. Jain Subodh Law College

CHILD LABOUR: LAW AND PROHIBITION

Project Submission as the Partial Fulfillment of Labour Law

Submission To:

Submitted By:

DR. ALPANA SHARMA

Anupam Bhargava

FACULTY OF LABOUR LAW

Roll no:-04
VI Semester
S.S. Jain Subodh Law College

TABLE OF CONTENTS
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1.
2.
3.
4.
5.
6.
7.
8.

Acknowledgement3
Research Methodology4
Case List.5
Abstract ..6
Introduction 7
International Convention on the Rights of Child, 1989...8
Rights of Child and The Indian Constitution..9
Prohibition of Employment of Children in Certain Occupations and Processes and

Definition of Child...11
9. Penalties...13
10. Conclusion
11. Bibliography

ACKNOWLEDGEMENT
I take this opportunity to express our humble gratitude and personal regards to DR.
ALPANA SHARMA for inspiring me and guiding me during the course of this project work and

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also for her cooperation and guidance from time to time during the course of this project work on
the topic.

JAIPUR

(Student sign)

9th March 2015

ANUPAM BHARGAVA

RESEARCH METHODOLOGY
Aims and Objectives:

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The aim of the project is to present a detailed study of the topic CHILD LABOUR:
LAW AND PROHIBITION forming a concrete informative capsule of the same with an
insight into its relevance in the Labour law.
Research Plan
The researchers have followed Doctrinal method.
Scope and Limitations:
In this project the researcher has tried to include different aspects pertaining to the
concept of Child Labour: Law and Prohibition special attention is also provided on Labour Law,
basis of object of Child Labour: Law and Prohibition, impact of judicial pronouncements and
lastly conclusion.
.
Sources of Data:
The following secondary sources of data have been used in the project

Case Study

Websites

Case Laws

Books

Method of Writing and Mode of Citation:

The method of writing followed in the course of this research project is primarily
analytical. The researcher has followed Uniform method of citation throughout the course of this
research project.

CASE LIST

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Raj Bahadur v. Legal Remembrancer, AIR 1953 Cal. 522.

Raj Homes Pvt. Limited v. State of U.P. (2003) III L.L.J. 626 (M.P.)

ABSTRACT
The Child Labour (Prohibition & Regulation) Act, 1986 was enacted to prohibit the engagement
of children below the age of fourteen years in factories, mines and hazardous employments and
to regulate their conditions of work in certain other employments. According to the Act, no child
shall be employed or permitted to work in any of the occupations set forth in Part A of the
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Schedule or in any workshop wherein any of the processes set forth in Part B of the Schedule is
carried on, provided that nothing in this Act shall apply to any workshop wherein any process is
carried on by the occupier with the aid of his family or to any school established by, or receiving
assistance or recognition from the Government. Also, the Central Government may, by
notification in the official Gazette, constitute 'the Child Labour Technical Advisory Committee'
to advise the Central Government for the purpose of additions of occupations and processes to
the Schedule of the Act.
The Central Industrial Relation Machinery (CIRM) in the Ministry of Labour is responsible for
enforcing this Act. CIRM is an attached office of the Ministry and is also known as the Chief
Labour Commissioner (Central) [CLC(C)] Organisation. The CIRM is headed by the Chief
Labour Commissioner (Central). In addition, a Central Advisory Board on Child Labour has also
been constituted under the Ministry to review the implementation of the existing legislations and
suggest measures for welfare of working children.

CHAPTER 1:-

INTRODUCTION

Almost one third of the world population comprises children. Therefore, they deserve to be cared
and protected to keep up and improve posterity. They are an important component of social
structure and potential future careers of culture. Social justice, therefore, demands justice to
children. The need for providing protection and safeguards to children have first been stated in
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the Geneva Declaration of the Rights of the Child, 1924 and was recognised in the Universal
Declaration of Human Rights, 1948 and in the statutes of specialised agencies of U.N.O. Art. 25
of the Human Declaration of Human Rights, 1948 provides that motherhood and childhood are
entitled to special care and assistance. All children, whether born or out of wedlock shall enjoy
the same social protection. Rights to free and compulsory elementary education to children is
assured by Article 26.

CHAPTER 2:- INTERNATIONAL CONVENTION ON THE RIGHTS OF

CHILD, 1989
A great headway had been made in the year 1989, which marked the 30th Anniversary of the 1959
Declaration of the Right of the Child and the 10th Anniversary of the international year of the
international year of the child, when 20th November the General Assembly adopted an
international convention on the rights of child, which was termed by General Assembly President
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Joseph N. Garba as binding piece of international legislation. The convention needs to be ratified
by 20 countries before it comes into force. Prior to being placed before the assembly the draft of
the Convention was approved by the Economic and Social Council and the commission of
Human Rights during their session in 1989. The Preamble to the convention states that a child
needs special safeguards and care including appropriate legal protection before as well as after
birth.

CHAPTER 3 :- RIGHTS OF CHILD AND THE INDIAN CONSTITUTION

The Indian Constitution was drafted almost at the same time when the Universal Declaration of
Human Rights was adopted and the farmers of the Indian constitution were influenced by the
concept of human rights. The Indian constitution guarantees most of human rights which were
later on embodied in two covenants in 1966.
Legally enforceable or justiciable rights are contained in Part III and non-justiciable rights are
contained in Part IV of the Indian Constitution. Part IV of the constitution casts a duty upon the
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State to direct its policy towards securing inter-alia that the tender age of the children are not
abused and they are not forced by economic necessity to accept avocations unsuited to their age
or strength.1 The State shall also ensure appropriate opportunities to the children for proper
development of their personality.2 The State is further directed to provide for free and
compulsory education for all children until age 14 years.3
The framers of the Indian Constitution thought it prudent to ensure at least the minimum rights to
children which they considered essential for proper development of human personality and
therefore children have been guaranteed certain fundamental rights. Article 23 of the
Constitution prohibits traffic in human beings and begar and other similar forms of forced labour.
Traffic in human beings means selling and buying men and women like goods and include
immoral traffic in women and children for immoral or other purposes. 4 Article 23 protects the
individual not only against the state but also against private citizens. Article 24 of the
Constitution prohibits employment off children below the age of 14 years in a factory or mine or
other management in any other hazardous employment.
The idea of protecting the interest and promoting the welfare of the weaker sections of the
society was so dominant in the mind of the Constitution framers that they excluded from the
mischief of the equality clause enshrined in Article 15, the special provision which the States
may make for women and children.5
International standards regarding child labour have been prescribed by U.N. Covenants and
Conventions and more detailed conventions have been implement these conventions have been
adopted by International Labour Organizations. Steps have been taken to implement these
conventions in our country through various labour Acts of Parliament, Acts of State Legislature,
Regulations made in pursuance to the statutes and memoranda of guidance addressed to local
authorities and public agencies. All these contribute in some way in achieving the objective of
providing social and economic justice to children of the society. There are a fairly large number
of labour laws in our country and the Child Labour (Prohibition and Regulation) Act, 1986 is one
of such important legislations.
1 Constitution of India, 1950, Article 39(e).
2 Ibid, Art. 39(f).
3 Ibid, Art. 45.
4 Raj Bahadur v. Legal Remembrancer, AIR 1953 Cal. 522.
5 Constitution of India, 1950, Article 15(3).

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CHAPTER 4:- PROHIBITION OF EMPLOYMENT OF CHILDREN IN

CERTAIN OCCUPATIONS AND PROCESSES AND DEFINATION OF
CHILD

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Section 2 (ii) of Child Labour (Prohibition and Regulation) Act, 1986 child means person
who has not completed his fourteen year of age.
Section 3 of Child Labour (Prohibition and Regulation) Act, 1986 states that Prohibition of
employment of children in certain occupations and processes: - No child shall be employed
or permitted to work in any of the occupations set forth in Part A of the Schedule or in any
workshop wherein any of the processes set forth in Part B of the Schedule is carried on:
Provided that nothing in this section shall apply to any workshop wherein any process is carried
on by the occupier with the aid of his family or to any school established by, or receiving
assistance or recognition from Government.
Section 4 of Child Labour (Prohibition and Regulation) Act, 1986 states that Power to
amend the Schedule: - The Central Government, after giving notification in the official Gazette,
not less than three months notice of its intention so to do, may, by like notification, add any
occupation or process to the Schedule and thereupon the Scheduled shall be deemed to have been
amended accordingly.
Section 5 of Child Labour (Prohibition and Regulation) Act, 1986 states that Child Labour
Technical Advisory Committee: (1) The Central Government may, by notification in the Official Gazette, constitute an
advisory committee to be called the Child Labour Technical Advisory Committee to
advise the Central Government for the purpose of addition of occupations and processes
to the Schedule.
(2) The Committee shall consist of a Chairman and such other members not exceeding ten,
as may be appointed by Central Government.
(3) The Committee shall meet as often as it may consider necessary and shall have power to
regulate its own procedure.
(4) The Committee may, if it deems it necessary so to do, constitute one or more subcommittees and may appoint to any such sub- committee, whether generally or for the
consideration of any particular matter, any person who is not a member of committee.
(5) The term of office of, the manner of filling casual vacancies in the office of, and the
allowances, if any, payable to, the Chairman and other members of the Committee, and
the conditions and restrictions subject to which the Committee may appoint any person
who is not a member of the Committee as a member of any of its sub-committees shall be
such as may be prescribed.

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CHAPTER 5:-

PENALTIES

Section 14 of Child Labour (Prohibition and Regulation) Act, 1986 deals with Penalties: (1) Whoever employees any child or permits any child to work in contravention of the
provision of Section 3 shall be punishable with imprisonment for a term which shall not
less than three months but which may be extended to one year or with fine which shall
not be less than ten thousand rupees but which may be extended to twenty thousand
rupees or with both.
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(2) Whoever, having been convicted of an offence under Section 3, commits like offence
afterwards, he shall be punishable with imprisonment for term which shall not be less
than six months but which may be extended to two years.
In Raj Homes Pvt. Limited v. State of U.P.6, the petitioner was involved in selling of house
and the labourers were employed by the contractors. The Assistant Labour Commissioner
Bhopal issued a show cause notice to the petitioner for violation of Section 3 of the Child
Labour (Prohibition and Regulation) Act, 1986. The petitioner challenged the order of the
concerned authority to pay Rs. 20,000 per labour and also to release the child labourer in his
employment. In case the petitioner does not deposit the amount it shall be considered as
disobedience of the order passed by the Supreme Court and the amount shall be recovered as
an arrear of land revenue. The petitioner in this petition contended that proper inquiry has not
been conducted before passing the impugned order. Evidence should have been recorded and
also that order has not been passed within six months. He also pleaded that opportunity of
hearing should be granted and a speaking order should be passed. The High Court dismissed
the petition and held, on facts, that opportunity of hearing had been afforded in the case and
the impugned order was perfectly in accordance with law.

CHAPTER 6: -

CONCLUSION

Government has accordingly been taking proactive steps to tackle this problem through strict enforcement of
legislative provisions along with simultaneous rehabilitative measures. State Governments, which are the
appropriate implementing authorities, have been conducting regular inspections and raids to detect cases of
violations. Since poverty is the root cause of this problem, and enforcement alone cannot help solve it,
Government has been laying a lot of emphasis on the rehabilitation of these children and on improving the
economic conditions of their families. If anyone violates the Sec 3 than they will have to face penalties which are
mentioned above.
6 (2003) III L.L.J. 626 (M.P.)

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BIBLIOGRAPHY
BOOKS:
S.N MISHRA

WEBSITES:
Business.gov.in
www.ncpcr.gov.in
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