Child and Adolescent Labour (Prohibition and Regulation) Act, 1986

The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 is an Act of the Parliament of India that was enacted to prohibit the engagement of children in certain employments and to regulate the conditions of work of adolescents in certain other employments.

Background and Objectives:

Prior to 1986, child labour was addressed through various scattered legislations which were deemed insufficient. The Act aimed to consolidate and strengthen existing laws, aligning them with international conventions and the socio-economic realities of India. The principal objectives were to:

• Prohibit the employment of children (defined as individuals below the age of 14) in hazardous occupations listed in the Schedule of the Act.
• Regulate the working conditions of adolescents (defined as individuals between the ages of 14 and 18) in non-hazardous occupations.
• Provide for penalties for violations of the Act.

Key Provisions:

The Act identifies specific occupations and processes considered hazardous for children, prohibiting their employment in these sectors. It also outlines regulations for adolescents who are permitted to work, including:

• Working hours and rest intervals.
• Health and safety measures.
• Leave provisions.
• Maintenance of registers and records related to adolescent workers.

Amendments and Subsequent Developments:

The Act has been amended several times to strengthen its provisions and broaden its scope. Significant amendments include:

• The Child Labour (Prohibition & Regulation) Amendment Act, 2016: This amendment renamed the Act to the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986. It completely prohibits employment of children below 14 years in all occupations except where the child helps his family in non-hazardous occupations or in the audio-visual entertainment industry with certain safeguards. It also prohibits the employment of adolescents in hazardous occupations or processes. The 2016 Amendment also introduced stricter penalties for violations.

Enforcement and Challenges:

The enforcement of the Act relies on a multi-pronged approach, involving government agencies, labor inspectors, and non-governmental organizations. However, challenges persist, including:

• Difficulty in monitoring and enforcing the law, particularly in the informal sector.
• Socio-economic factors that contribute to child labour, such as poverty and lack of access to education.
• Need for greater awareness and sensitivity among employers and the public regarding the rights of children and adolescents.

Significance:

The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, as amended, represents a significant step in India's efforts to eliminate child labour and protect the rights of adolescent workers. It reflects a commitment to international labour standards and the fundamental right of every child to education and a safe and healthy childhood. Despite ongoing challenges, the Act serves as a crucial legal framework for addressing the complex issue of child and adolescent labour in India.