Theme: Child Labour

Can my child quit school if he is working with my family in a family enterprise?

No, the law specifically states the importance of a child’s education and so you should not force your child to quit school. Instead, you should encourage him or her to learn and work at the same time. You should keep in mind:

  • Your child can only work in a family enterprise to help his or her own family and only work for the family.
  • Your child should not be given work during school hours and between 7 pm and 8 am.
  • Your child should not be engaged in tasks which may severely affect his education or homework or extra-curricular activity assigned to him or her.
  • Your child should not be engaged in continuous tasks without rest which would make him or her tired. It is important to provide care and support for the child by providing breaks to refresh his health and mind. That is why the law states that the child should not work continuously for more than 3 hours.

Can parents be punished for allowing their children to work?

The parents or guardians of the children who are working in violation of this law will generally not be punished for allowing their children to work.

However, this immunity does not apply if they make their child (who is under 14 years of age) work for commercial purposes or make their child (between 14 years and 18 years) work in a hazardous occupation or process.

The law does give them a chance to correct their wrong – when they are caught doing this the first time, they can settle it by paying money. However, if they make their child work again in violation of the law, they can be punished with a fine of up to Rs. 10,000.

What other work can a child do other than movies and sports under the child labour law?

Apart from sports and movies a child can work in other jobs such as:

  • Cinema and documentary shows on television, like reality shows, quiz shows, talent shows. A child can also participate in a radio activity.
  • Drama serials.
  • Anchor of a show or event.
  • Other artistic performances which the Central Government will permit in individual cases but these do not include street performances for monetary gains.

Employing adolescents between 14-18 years

Adolescents are allowed to work in places that do non-hazardous work. These establishments that do non-hazardous work are notified by the government. They are also allowed to work:

  1. In a family business. For example, working in your family jewellery business.
  2. As a child artist. For example, acting in Bollywood movies or in an advertisement.

Adolescents between the age of 14 to 18 are not allowed to work in:

  • Mines or places which use inflammable substances or explosives. For example, a factory which manufactures firecrackers.
  • Industries which use hazardous processes which are provided in another law called the Factories Act, 1948. They include coal, power generation, paper, fertilizer, iron and steel industries, asbestos, etc.

Employing children under 14

It is illegal to employ or allow children under the age of 14 in any form of occupation. Employers, parents or any guardian in charge of a child who allows a child to work in any type of occupation will be punished.

However, there are two exceptions. The Government allows children to work:

If you know of any acts of child labour where the child is below the age of 14, please report the crime.

Determining age of Child

If you as an employer are unsure if the child is below 14 years or above 14 years of age, then the age of the child will be determined by a medical authority who will look into the following three documents while determining the age:

  • Aadhar card of the child or adolescent.
  • Birth certificate from school, or the matriculation or a certificate from an examination Board.
  • Birth certificate of the child or adolescent given by a corporation or a municipal authority or a panchayat.

When these three documents are absent, then the medical authority will do an ossification test or any other latest age determination test to find out the age of the child.

As an employer, you should have a certificate of age for the child, in case the inspector wants to determine the age of the child. If the inspector finds out that you have not obtained a certificate of age for the child, he will specifically instruct you to obtain it from a medical authority.

Employers Responsibility towards Child Artists

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.

Working Hours

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.

Role of Schools in preventing Child Labour

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.

Duties of an Inspector to prevent Child Labour

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.

Responsibilities while employing Child Artists

The following are the responsibilities of the employer when it comes to employing child artists:

Education

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.

Income

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.

Consent

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 in Movies/TV/Sports

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:

  • Movies
  • TV shows/Reality shows/Quiz shows/Talent shows
  • Sports Activities such as competitions, events or training
  • Advertisements
  • Cinema and documentary shows
  • Radio
  • 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.

Government duties against Child Labour

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.

Settlement of the crime of Child Labour

If you have failed to comply with the provisions of the Act or the Rules of the child labour law then the law provides alternatives to criminal prosecution. The law allows you to as they say in legal terms “Compound Offences”. Compounding means to settle. You can compound the offence committed if you are one of the two categories of persons:

  • Someone who commits an offence for the first time.
  • A parent or a guardian who commits an offence by not complying with the child labour provisions and law.

To compound an offence, follow these steps:

  1. You should make an application and approach the District Magistrate only after paying the money for the application.
  2. The money to be paid with the application to the Central Government has to be:
    • 50% of the maximum fine of the offence
    • You will be levied an additional 25% of the maximum fine for the offence if you don’t pay the amount within the specified period.
  3. Once you pay the amount then the District Magistrate will issue you a “Certificate of Compounding”.

If you fail to pay the amount, then the proceedings of the case will be continued in accordance with the child labour laws that is, you can be tried and punished, but if you do pay the amount, then you cannot be taken to court for the offence since you have already paid and settled it.

Child Labour Rehabilitation cum Welfare Fund

A Child Labour Rehabilitation-cum-Welfare Fund is a fund which is established for every one or two districts. The fine paid by the employer is deposited into this Fund.

Further, the Government has to deposit Rs.15000 more for each for each child or adolescent for whom the employer has been fined.

This Fund is managed by a Bank. Any interest on the money in the bank, will go to the child.

Children working in the family business

Children (below the age of 14) and adolescents are allowed to work in the family business.

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.

Health and Safety of Working Children

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:

Environment

  • 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.

Facilities

  • 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.

Instructions

  • 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.

Working Hours and Days of Employed Adolescents

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.

Duties of an Employer while employing adolescents

An employer employing an adolescent working in his establishment has to perform certain duties:

Maintaining a Register

As an employer you have to maintain a register which should have the following details:

  • Name and date of birth of every adolescent working at your establishment.
  • Hours and periods of work of the adolescent.
  • Intervals of rest.
  • Nature of work of any such adolescent.

Working Conditions

When an adolescent is employed for work, the Working Hours and Days and the Health and Safety has to be guaranteed to ensure that adolescent is treated fairly and humanely.

Sending the notice to the Inspector

As an employer employing a child worker you will have to send a notice to the Inspector. This has to be done within 30 days of hiring an adolescent. The notice should contain the following details:

  • Name and location of the establishment.
  • Name of the employer.
  • Nature of the employment
  • Work done by the establishment.

If you don’t fulfill your duties as an employer you can be jailed for a maximum period of a month or be fined a maximum amount of Rs. 10,000 or both.

Parents making Children work

Parents and guardians will be fined for making a child below the age of 14 work in any form of employment except for family business and as child artists.

Parent or guardians allowing an adolescent to work against the law will be punished.

  • If they commit the offence for the first time then, they will not be punished.
  • If they still permit the adolescent to work in the prohibited occupations, then they will be punished with a fine of Rs. 10000.