Child labor in India is a grave social issue, and the government has implemented several laws and regulations to address and discourage this practice. The primary legislation that deals with child labor in India is the Child Labor (Prohibition and Regulation) Act, 1986 (CLPRA). The Act outlines the legal framework for the prohibition and regulation of child labor in various industries and occupations.
Under the CLPRA, a “child” is defined as any person below the age of 14 years. The Act categorizes employment of children into two forms: (1) Prohibited occupations and processes, and (2) Regulated occupations and processes.
- Prohibited Occupations and Processes:
The CLPRA explicitly prohibits the employment of children in certain hazardous occupations and processes that may jeopardize their health, safety, or moral development. These prohibited occupations include working in mines, factories, and construction sites, as well as jobs involving hazardous processes like handling toxic substances, working with explosives, or operating heavy machinery. - Regulated Occupations and Processes:
For occupations and processes not considered hazardous, the CLPRA allows the employment of adolescents (between 14 and 18 years) but subject to certain conditions. These conditions include restrictions on the working hours, nature of work, and provision of safeguards such as medical examinations, working conditions, and educational facilities.
Punishments for Violations:
The CLPRA stipulates penalties for contravening the provisions of the Act, and the severity of the punishment depends on the nature and frequency of the offense. The penalties are as follows:
- Employing a child in a prohibited occupation or process:
The employer may face imprisonment for a term not less than six months but which may extend up to two years and/or a fine of not less than ₹20,000 (approximately $275) but which may extend up to ₹50,000 (approximately $685). - Employing an adolescent in a regulated occupation or process in contravention of the Act:
The employer may face imprisonment for a term not less than three months but which may extend up to one year and/or a fine of not less than ₹10,000 (approximately $137) but which may extend up to ₹20,000 (approximately $275). - Repeated offenses:
In case of subsequent offenses, the punishments mentioned above can be doubled.
It’s important to note that enforcement and implementation of child labor laws can vary across different regions of India. The government has set up enforcement agencies like the labor department, police, and the National Child Labor Project to identify and rescue child laborers, as well as to prosecute those responsible for employing them illegally. Additionally, various NGOs and civil society organizations are actively involved in combating child labor and supporting the rehabilitation and education of affected children.
Overall, the Indian government is continuously working to strengthen the legal framework, raise awareness, and improve enforcement to eradicate child labor and ensure the welfare and rights of children.