Section 3

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Child labour Criminal liability

This section prohibits the employment of children (defined as persons under the age of 14) in the occupations and processes specified in the Schedule to the Act, which include domestic work, working in roadside restaurants, working in mines, factories and in other industries.

Notes

The Schedule (which provides a detailed list of occupations and processes) incorporates the concept of hazardous industries from the Factories Act, 1948.

In May 2015, the Cabinet of Ministers of the central government approved an amendment to this section that would ban the employment of children below the age of 14 in all occupations, but with two important exceptions: (i) where the child helps his family or family enterprises after school hours or during vacations; and (ii) the child works as an artist in entertainment or sport.

The Bill has not yet been passed in the Indian Parliament and it is expected to be discussed during the Winter session 2015. The Act seems to be under amendment as part of a plan to consolidate over 40 labour laws under 4 instruments into a unified Labour Code.

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Section 3. 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.

Law / 25 September 2012 / India / Child Labour (Prohibition and Regulation) Act, 1986

The Child Labour (Prohibition and Regulation) Act, 1986 (the “Act”) prohibits the employment of children in some industries/categories of employment, while also regulating the employment of children in some other sectors of employment.

Under the Act, a child is defined as a person under the age of 14. Children are not allowed to work in particular kinds of employment specified in Parts A and B of the Schedule to the Act. For other kinds of employment, the Act regulates the number of hours, holidays, and intervals of rest for children. It also specifies health and safety regulations for such child employees. The Act does not apply to establishments where the employer is carrying out a process or activity with the aid of his family, or to schools established by or receiving aid from the Government.

In May 2015, the Cabinet of Ministers of the central government approved an amendment to this section that would ban the employment of children below the age of 14 in all occupations, but with two important exceptions: (i) where the child helps his family or family enterprises after school hours or during vacations; and (ii) the child works as an artist in entertainment or sport.

The Bill has not yet been passed in the Indian Parliament and it is expected to be discussed during the Winter session 2015. The Act seems to be under amendment as part of a plan to consolidate over 40 labour laws under 4 instruments into a unified Labour Code.