1. Shinde Somesh Panchu (462067)
Yedke Bharat Tukaram (462076)
Child Labour Act
Under the guidance of
Mrs. Purva S. Bhise
Academic Year: 2016-17
BRACT’S
Vishwakarma Institute of Information Technology, Pune
Presented by
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2. Contents
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• Introduction
• Objective
• Prohibition of employment of children
• Regulation of condition of work of children
• Miscellaneous
• Case study
• Conclusion & Recommendation
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3. Introduction
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Child labour is a serious socio-economic issue and
has been a topic of wider debate both in the
developed and poor countries.
According to ILO, Global number of children in
child labour has declined by one third since 2000,
from 246 million to 168 million children. More than
half them, 85 million are in hazardous work.
In India, the Child Labour (Prohibition and
Regulation) Act was made in 1986.
4. Objective (Part -1)
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To prohibit the engagement of children in certain
employment’s and to regulate the conditions of work
or children in certain other employment’s.
Definition:
1. Child means a person who has not completed his
fourteen years of age.
2. Child labour refers to the employment of children in
any work that deprives children of their childhood,
interferes with their ability to attend regular school,
and that is mentally, physically, socially or morally
dangerous and harmful.
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• No child shall be employed or permitted to work in
any of the occupations i.e. Set forth in part of ‘A’ of
the schedule or in any workshop where in any of the
process set forth in part ‘B’ of the schedule to this
Act. e.g. Beedi making, Carpet Weaving
• All Hazardous prossess an defined in section 2(cb)
and dangerous operations as notified in ruler made
under section 87 of the factories Act 1948.
• Manufacturing processes using toxic metals and
substances such as lead, mercury, manganese etc.
Prohibition Of Employment Of
Children (Part-2)
6. Regulation of condition of work of
children (Part-2)
Hours and period of work:
The period of work shall not exceed three hours.
The period of work shall not exceed six hours.
The period of work of child so arranged that inclusive
of his interval for rest.
No child shall be permitted to work between 7 pm to
8 am.
No child shall be permitted to work overtime.
No child shall be permitted to work in any
establishment on ant day on which he has already
been working in another establishment.
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7. Regulation of condition of work of
children (Part-3)
Weekly holidays: Every child shall be allowed in each
week a holiday of one whole day.
Notice to inspector: Every occupier shall within 30
days send a written notice in Form-A to the inspector
within whose local limits the establishment is situated.
Disputes as to age: If any question arises between an
inspector and an occupier as to the age of any child, in
the absence of a certificate in Form-C as to the age of
such child granted by the prescribed medical authority,
be referred by the inspector for decision to the
prescribed medical authority
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8. Regulation of condition of work of
children (Part- 3)
Maintenance of registers: Every occupier of an
establishment shall maintain a register in respect of
children employed or permitted to work at the
establishment in Form-B.
Health and safety: In the official gazette, make the
rules for the health and safety of children empolyed.
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9. Miscellaneous (Part-4)
• Penalties: Violations under Section-3 shall be
punishable with imprisonment which shall not be less
than three months which may extend to one year or
with fine which shall not be less than ten thousand
rupees but which may extend to twenty thousand
rupees or with both. Continuing offence under section
(3) shall be punishable with imprisonment for a term
which shall not be less than six months but which
may extend to two years. Any other violations under
the Act shall be punishable with simple
imprisonment, which may extend to one month or
with fine, which may extend to ten thousand rupees
or with both.
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10. Miscellaneous (Part-4)
Procedure relating to offences:
Any person, Police officer, Inspector appointed under
the act may file a complaint.
No court inferior to that of a metropolitan Magistrate or
a Magistrate of the First Class shall try any offence
under this Act.
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Comparison between Indian and USA
child labour act
Parameters Indian act USA act
Age limit 14 16
Daily wages No provision made Min. 7.25$per hour
Working hour 6 hrs 3 hr- school day
18hr- school week
8 hr- non school day
40 hr non school week
Working time 8 am - 7 pm 7 am – 7 pm
Penalties (employing child
labour)
not be less than three months
which may extend to one year or
with fine which shall not be less
than ten thousand rupees
Fine up to 10000$
Penalties (minimum
wages or overtime)
No provision made Fine up to 1000$
14. Child labour employed on Salal Hydroelectric Project .
The court directed the Labour Commissioner, Jammu to
visit the site.
In the report it was found that, below 14 yr age Childs were
employed on site.
The court accepted that having regard to the prevailing
socio-economic conditions it is not possible to prohibit child
labour altogether.
The court wanted the central government to persuade the
workmen to send their children to a nearby school
Case study: Child Labour - Judicial
Justification for its Prevalence
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15. Recommendation:
Increased family incomes
Education
Replace child workers by adult workers
Family Control
Eliminate poverty
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Recommendation & Conclusion
16. Conclusion: Child labour is a significant problem. The
major reason of child labour is poverty. Another reason
is access to education. The state of education in India
also need to be improved. India needs to address the
situation by tackling the underlying causes of child
labour through governmental policies and the
enforcement of these policies. Only then India will
succeed in the fight against child labour
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Conclusion & Recommendation
17. 1. The child labour (Prohibition and Regulation) Act 1986
2. Ministry of Human Resource Development, Goverment
of India. (2012). Report to the People on Education
2011-12. New Delhi: Ministry of Human Resource
Development, Goverment of India.
3. Ministry of Labour and Employment. (2013). The Child
Labour (Prohibition and Regulation) Amendment Bill,
2012 40th Report. New Delhi: Lok Sabha Secretariat.
4. Case of Salal Hydro-electric Project v. State of Jammu
and Kashmir, (1984) 3 SCC 538.
5. www.ilo.org
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References