When child artists are being employed for work, there is an obligation on the employer to fill out Form C as given in the Child Labour (Prohibition and Regulation) Act, 1986. The employer by filling the Form C, has to promise to take responsibility in the following manner:
- Child’s education should not be affected.
- Child artists who are hired should be protected, given care and protection and full care of their physical and mental health should be looked into.
- The employer should not violate the legal provisions of the child labour law.
- The employer should take care of the child’s well being so that no sexual offences are committed.
Application for Permission
The District Magistrate (in the district where the activity is taking places) should give you an undertaking allowing the child to work. The parents or the guardian should also give approval for the work being done by the child. The undertaking will state and ensure:
- Facilities for the physical and mental health of the child.
- A nutritional diet of the child.
- Clean and safe shelter for the child.
- Compliance with all laws for the protection of children, right to education and protection against sexual offences.
The employer has to take note of the following points:
- A child cannot be allowed to work for more than five hours in a day.
- A child cannot be made to work for more than three hours without rest.
- A child should not be made to work consecutively for more than 27 days.
The school has a role in preventing child labour.
The right to education of a child applies even if the child or adolescent is working as an artist or in the family business.
When the child is working in the family business and if the child hasn’t been coming to school for a consecutive period of 30 days, the Principal or Headmaster of the school, has to report the absence of any child, to the Inspector.
Further, if the members of the school are aware that the child or adolescent is engaged in any illegal work then they are required to report it.
The Government appoints Inspectors to make sure that there is no illegal employment and the permitted employment of adolescents is done as per the law. An inspector or police officer has a duty to:
- Conduct periodical inspections of the places where employment of children is prohibited.
- Carry out rounds of inspection at industries where children are employed and where adolescents are employed.
- To check the working conditions of children in family enterprises.
- Accept complaints and report illegal acts of child labour to the Court.
- Determine age of a child, if there is a doubt that the child is below the age of 14 years.
- Inspect the Register maintained by the employer at the establishment which would have details such as:
- Name and date of birth of the child employed along with relevant documents as to the date of birth.
- Hours and periods of work(including the hours of rest).
- Nature of the work that the child is doing.
All the inspectors have to make sure that if a child is being employed illegally, then the concerned employer has to pay Rs. 20000 as a fine into a fund known as the Child Labour Rehabilitation-cum-Welfare Fund, which the child can reclaim later.
The following are the responsibilities of the employer when it comes to employing child artists:
You should make sure that the child is given proper education while doing his or her work as an artist. The Act specifically states that all measures must be taken so that the child does not discontinue going to school.
You should make sure that 20% of the income that has been earned by the child as an artist, should be deposited in a fixed account in a nationalized bank and once the child becomes 18 years of age, he or she can reclaim the money.
The most important criteria is that if a child is uncomfortable and does not want to participate in an activity or sport, the child should not be forced into the action against his or her will and consent.
Children can work in movies/TV/sports and be paid for it. These children are known as child artists. There is a list of allowed entertainment and sporting activities for children with respect to movies, TV and sports, such as:
- TV shows/Reality shows/Quiz shows/Talent shows
- Sports Activities such as competitions, events or training
- Cinema and documentary shows
- Participation as an anchor of a show or events.
Some artistic performances that are not mentioned above can still be allowed by the Central government.
The law specifically bans children from:
- Performing in a circus; and
- Performing on the street for money.
A nominated representative is a person who is appointed by a person with mental illness to discharge the following duties:
- Consider the wishes, life history, values, cultural background and the best interests of the person with mental illness, and give importance to their views regarding such decisions.
- Provide support to the person with mental illness in making treatment decisions.
- Seek information on diagnosis and treatment to provide adequate support to the person with mental illness.
- Have access to the family/home-based rehabilitation services with respect to the person with mental illness.
- Be involved in discharge planning. This includes, discharge back into the community or transfer of their care to a new psychiatrist/mental health establishment.
- Apply to the mental health establishment for admission of the person with mental illness.
- Apply to the concerned Mental Health Review Board on behalf of the person with mental illness for discharge or to complain regarding any violation of rights.
- In case of the admission of a minor in the mental health establishment, appoint a suitable attendant who will stay with the minor.
- Have the right to give/withhold consent for research that can be conducted on the person with mental illness.
Criteria for Appointment of a Nominated Representative
To appoint a nominated representative, a person should be:
- Major (above 18 years of age)
- Competent to discharge their duties
- Able to give written consent to being the nominated representative. However, the respective mental health professional should get this in writing.
Order of Appointment of a Nominated Representative
If you are a person with mental illness, you can yourself appoint a nominated representative. However, if you do not appoint a nominated representative, then the following people shall be considered as your nominated representative (in this order from first to last):
- The individual appointed as a nominated representative in the advance directive
- A relative
- A caregiver
- A person appointed by the Mental Health Review Board
- The Director of the Department of Social Welfare, or their designated representative
Additionally, to appoint a nominated representative, you should approach an NGO which works in this field or a lawyer, who will be able to help you out.
The Central Government has duties to ensure that child labour does not take place and that the provisions of the law are followed. To do this the Government has to:
- Run public awareness campaigns
- Use media to spread awareness
- Promote reporting of child labour
- Publicly display the law on child labour
- Include child Labour law in the syllabus of schools
- Promote training of police, judicial service academies, teachers, Central Labour Service about the child labour law and their role.
Children (below the age of 14) and adolescents are allowed to work in the family business.
A family business means any work or business which is performed or run by the members of the family. The business could belong to or be run by an immediate family (mother, father, brother or sister) or extended family (father’s sister and brother, or mother’s sister and brother).
Types of Work
It is important that the family business does not involve the following:
- Dangerous substances or processes (the term in law is ‘hazardous’ occupation or process).
- Mines, Inflammable substances and explosives.
Children are allowed to work in a family business, but the child’s education should not be affected. The following points should be kept in mind:
- They have a right to education.
- They should only be made to work after school hours or during vacations.
- Parents also have a duty to send their children to school under the law.
It is important that health and safety of working children is taken care of. As an employer of an adolescent or a child allowed by the law to work, you should make sure that the child or adolescent is provided with the highest standards of safety and care through the following measures:
- The establishment should be clean and free from any form of nuisance.
- Wastes and effluents should be disposed off properly and in a manner which it is not open and unhygienic.
- There should be proper ventilation and lighting.
- The building must be maintained and precautions must be taken for fire accidents.
- All the machinery should be fenced to prevent accidents.
- Provisions for drinking water, latrines, urinals and spittoons should be made.
- Protective gear for eyes and body should be provided.
- Floor, stairs and means of access.
- Maintenance of building and machinery.
- Proper instructions should be given to adolescents for handling dangerous machines.
- Training and supervision should be given to adolescents for handling dangerous machinery.
- If you don’t fulfill your duties as an employer to comply with the laws on health and safety you can be jailed for a maximum period of a month or be fined a maximum amount of Rs. 10,000 or both.
Some general rules that should be followed when employing adolescents (except when they are working with family or government-funded/recognized schools).
In a day an adolescent:
- Can only be made to work continuously for a maximum period of 3 (three) hours at a time.
- Is entitled to a break of one hour.
- Cannot be made to work for more than 6 (six) hours in a day. This includes the time they spend in waiting for work and their breaks.
- Cannot be made to work between 7pm and 8 am.
- Cannot be made to work more than their normal work hours.
- Cannot be made to work with two employers in the same day.
Further, one day off every week has to be given!
This day will be specified by the employer in a notice at the workplace. The employer should not alter this specified holiday day more than once in three months.
If you don’t fulfill your duties as an employer to comply with the laws on working hours and days you can be jailed for a maximum period of a month or be fined a maximum amount of Rs. 10,000 or both.