FREQUENTLY ASKED QUESTIONS ON CHILD LABOUR A C HILD IS MEANT TO L EARN , NOT E ARN 1 LIST OF FAQs LAWS THAT PROHIBIT C HILD LABOUR ................................ ................................ ... 2 1. Are there any constitutional provisions that prohibit child labour? ...................... 2 2. Is there any law that prohibits and regulates the employment of children and adolescents? ................................ ................................ ................................ ..................... 2 3. Are there any other laws that prohibit child and adolescent labour and what penalties do they prescribe? ................................ ................................ ............................ 3 COMPENSATION AND REH ABILITATION OF CHILD REN AND ADOLESCENTS RESCUED FROM LABOUR ................................ ................................ ............................. 5 4. Does the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 provide for compensation to children and adolescents rescued from labour? .............. 5 5. What is the manner of payment of compensation, as contemplated under Section 14 - B (4) of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986? 5 6. Is there any law that provides for the rehabilitation of children and adolescents rescued from labour? ................................ ................................ ................................ ...... 6 7. Are there any Central Sector Schemes for the compensation and rehabilitation of children and adolescents rescued from labour or bonded labour? ................................ 6 REPORTING CHILD LABO UR ................................ ................................ ....................... 7 8. Who can file a complaint against child labour? ................................ ...................... 7 9. How can a person file a complaint against child labour? ................................ ....... 7 SUPREME COURT JUDGEM ENTS ................................ ................................ .............. 10 10. What are some landmark Supreme Court judgements on child labour? ......... 10 A C HILD IS MEANT TO L EARN , NOT E ARN 2 LAWS THAT PROHIBIT CHILD LABOUR 1. Are the re any constitutional provisions that prohibit child labour? Yes, they are as follows: Article 23: Prohibits begar and other similar forms of forced labour. Article 24: Prohibits the employment of children in factories, mines and other hazardous employment. Art icle 39: Provides that the State must particularly direct its policy towards securing that: Clause (e): the tender age of children is not abused and citizens are not compelled to take up occupations that are not suited to their age due to economic necessity. Clause (f): children are given adequate opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity, and childhood and youth are protected against exploitation. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~ 2. Is there any law that p rohib its and regulates the e mployment of c hildren and adol escents ? Yes , the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 1 prohibits and regulates the employment of children and adolescents Children : Section 3(1) prohibits the employment of children (persons below 14 years of age) in any occupation or process This is subject to the exceptions under Section 3(2). Section 14(1) provides that any person who employs any child in contravention of Section 3 will be punished with imprisonment (min. 6 months - max. 2 years) or with fine (min. Rs. 20,000 - max. Rs. 50,000) or with both Adolescents : 1 https://legislative.gov.in/sites/default/files/A1986 - 61A.pdf. A C HILD IS MEANT TO L EARN , NOT E ARN 3 Section 3A prohibits the employment of adolescents in certain hazardous occupations and processes . A list of these hazardous occupation s and processes has been provided under the Schedule. Section 14(1A) provides that any person who employs any adolescent in contravention of Section 3A will be punished with imprisonment (min. 6 months - max. 2 years) or with fine (min. Rs. 20,000 - max. Rs. 50,000) or with both ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~ 3. Are there any other laws tha t prohibit child and adolescent labour and what penalties do they prescribe ? Yes, they are as follows: Factories Act, 1948: o Section 67 p rohibits the employment of children in any factory. o Section 71 p rohibits the employment of adolescents in any factory unless certain conditions are fulfilled. o Section 92 provides that if any child or adolescent is employed in contravention of this Act, the occupier and manager of the factory will each be punished with i mprisonment ( max. 2 years) or with fine ( max. Rs. 1 lakh) or with both. Mines Act, 1952: o Section 40 prohibits the employment of children and adolescents in mines. o Section 68 provides that if any child or adolescent is employed in contravention of this Act, the agent or manager of the mine will be punished with a fine (max. Rs. 500) Plantations Labour Act, 1951 : o Section 24 prohibits the employment of children in any plantatio n. o Section 26 prohibits the employment of adolescents in any plantation unless certain conditions are fulfilled. o Section 3 5 provides that any person, who employs any child or adolescent in contravention of this Act, will be punished with i mprisonment ( max. 6 months) or with fine ( max. Rs. 10,000) or with both A C HILD IS MEANT TO L EARN , NOT E ARN 4 Motor Transport Workers Act, 1961 : o Section 21 prohibits the employment of children in any capacity in any motor transport undertaking. o Section 22 prohibits the employment of adolescents as motor transport workers in any motor transport undertaking unless certain conditions are fulfilled. o Section 31 provides that any person, who employs any child or adolescent in contravention of this Act, will be p unished with imprisonment (max. 3 months) or with fine (max. Rs. 500) or with both Merchant Shipping Act, 1958 : o Section 109 p rohibits the employment or the carrying to sea of persons under the age of 16 years to work in any capacity in any ship. o Section 436 (S erial No. 25) provides that if any person under the age of 16 years is employed in contravention of this Act, the master will be punished with f ine (max. Rs. 50). Beedi and Cigar Workers (Conditions of Employment) Act, 1966 : o Section 24 prohibits th e employment of children in any industrial premises. o Section 33 provides that any person, who employs any child in contravention of this Act, will be punished for the first offence with fine ( max. R s. 250) and for the second or any subsequent offence with im prisonment ( min. 1 month - max. 6 months) or with fine ( min. Rs. 100 - max. Rs. 500) or with both Bonded Labour System (Abolition) Act, 1976 : o Section 4 prohibits bonded labour. o Sections 16 and 18 provide punish ment of imprisonment (max. 3 years) and fine (max. Rs. 2000) for any person who compels another to render bonded labour. Juvenile Justice (Care and Protection of Children) Act, 2015 : o Section 76 p rohibits the employment of a child for the purpose o f begging and provides punishment of imprisonment ( max. 5 years) and fine of Rs. 1 lakh o Section 79 p rohibits the bondage of a child for the purpose of employment and provides punishment of rigorous imprisonment ( max. 5 years) and fine of Rs . 1 lakh. A C HILD IS MEANT TO L EARN , NOT E ARN 5 Indian Penal Code, 1860 : o Section 374 provides that any person, who unlawfully compels another to labour against his will, shall be punished with imprisonment (max. 1 year) or with fine or with both ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ COMPENSATION AND REH ABILITATION OF CHILDREN AND ADOLESCENTS RESCUED FROM LABOUR 4. Does the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 provide for compensation to children and adolescents rescued from labour ? Yes, the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 provides for compensation to children and adolescents rescued from labour. Section 14 - B (1) provides that t he fine realized (Rs. 20,000 - Rs. 50,000) from the employer of the child / adolescent shall be credited to the Child and Adolescent Labour Rehabilitation Fund. Section 14 - B (2) provides that t he appropriate Government shall also credit Rs. 15,000 to the said Fund for each child / adolescent. Section 14 - B (3) provides th at t he amount credited to the Fund under sub - sections (1) and (2) shall be deposited in a bank or invested Section 14 - B (4) provides that t he amount deposited or invested under sub - section (3) along with the interest accrued on it shall be paid to the child / adolescent ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 5. What is the manner of payment of compensation, as contemplated under Section 14 - B (4) of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986? A C HILD IS MEANT TO L EARN , NOT E ARN 6 The Child and Adolescent Labour (Prohibition and Regulation) Rules, 1988 provides the manner of payment of compensation , as contemplated under Section 14 - B (4) of the Child and Adolescent Labour ( Prohibition and Regulation) Act, 1986 Rule 16 - A (1)(i) pro vides that t he Inspector or nodal officer shall ensure that an account of the child / adolescent rescued from labour is opened in a nationalised bank. Rule 16 - A (1)(ii) provides that t he interest accrued on the amount deposited or invested shall be transferred to the bank account of the child / adolescent every 6 months. Rule 16 - A (1)(iii) provides that o nce the child / adolescent completes 18 years of age, the total amount deposited or invested along with the remaining interest shall be tr ansferred to his / her bank account ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 6. Is there any law that provides for the rehabilitation of children and adolescents rescued from labour? Yes, the Juvenile Justice (Care and Protection of Children) Act, 2015 provides for the rehabilitation and restoration of children and adolescents rescued from labour. Section 39 provides for the rehabilitation and social reintegration of children in need of care and prote ction. [ Children in need of care and protection include child labourer s , as per Section 2 (14 ) (ii). ] Section 40 provides for the restoration of such children. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 7. Are there a ny Central Sector S chemes for the compensation and rehabilitation of children and adolescents rescued from labour or bonded labour? Yes, the National Child Labour Project Scheme and the Central Sector Scheme for the Rehabilitation of Bonded Labourers, 2021 are Central Sector Schemes for the A C HILD IS MEANT TO L EARN , NOT E ARN 7 compensation and rehabilitation of children and adolescents rescued from labour / bonded labour National Child Labo ur Project S cheme : C hild labourers rescued from hazardous occupations and processes are put into NCLP Special Training Centres where they are provided with : o Bridge education o V ocational training o Mid - day meal o Stipend of Rs. 150 per month o H ealth care o R ecreational facilities The ultimate objective of this scheme is to p repa re children rescued from child labour to be mainstreamed into the formal system of education Central Sector Scheme for the Rehabilitation of Bonded Labourers, 2021 : The amount of rehabilitation assistance for each child rescued from forced labour is Rs. 2 lakh. The amount of rehabilitation assistance in case of bonded labour involving extreme cases of deprivation such as sexual exploitation is Rs. 3 lakh. The District Administration shall provide education and facilities such as psychosocial counselling , short stay home until completion of Class 12 and skill development for rescued child bonded labourers. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ REPORTING CHILD LABOUR 8. Who can file a complaint against child labour? Any person can file a complaint against child labour. 9. How can a person file a complaint against child labour? Online Complaint: A C HILD IS MEANT TO L EARN , NOT E ARN 8 o Register a complaint on the PENCiL portal (Platform for Effective En forcement for No Child Labour) o Link : https://pencil.gov.in/Complaints/add o Alternatively, one may file a complaint on the website of Bachpan Bachao Andolan ( https://bba.org.in/complaint - ce ll/ ). Telephonic Helpline: o Dial 1098 . This is a 24/7 toll - free helpline number operated by CHILDLINE India Foundation for children who are in distress, including child labourers. o Alternatively, one may dial 1800 - 102 - 7222 . This is a 24/7 toll - free helpline number operated by Bachpan Bachao Andolan for children in distress. o Upon making a call, the following details will be asked: (1) name of the child labourer (if known), (2) his / her age (an estimate), (3) a description of him / her A C HILD IS MEANT TO L EARN , NOT E ARN 9 (physical appearance) and (4) location at which he / she works (exact location and nearby landmarks, if known) Police Station: o One can directly visit his / her local police station and lo dge an FIR against child labour o While lodging an FIR, one must give as much information as possible about the child labourer. National Commission for Protection of Child Rights (NCPCR): o One can address a complaint against child labour to the Chairperson, NCPCR, ( India’s apex child rights body ) via post o The complaint can be mad e in any Indian language and no fees will be charged on it It is to be made in the manner provided in the picture below : o Link: https://ncpcr.gov.in/index1.php?lang=1&level=0&linkid=13&lid=28 State Commissions for Protection of Child Rights (SCPCRs): o SCPCRs have been constituted in every State and Union Territory of India. o A person may make a complaint against a child labour on the website of the respective SCPCR or via post ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A C HILD IS MEANT TO L EARN , NOT E ARN 10 SUPREME COURT JUDGEMENTS 10. What are some landmark Supreme Court judgements on child labour? M.C. Mehta v. State of T.N. , (1996) 6 SCC 756: This case arose out of a public interest litigation filed by M.C. Mehta, a public - spirited lawyer, before the Supreme Court, against the State of Tamil Nadu for failing to prohibit the employment of children in match and fireworks industries in Sivakasi , a city in Tamil Nadu and for the resulting violation of the fundamental right of children against exploitation , as guaranteed under Article 24 of the Constitution. The Supreme Court , in order to fulfil the legislative intent behind the Child Labour (Prohibition and Regulation) Act, 1986 made certain recommendations, including the payment of the fine (Rs. 20,000) realized from the employer of the child labourer to the child, the provision of alternative employment opportunities / source of income to the parent or guardian of the child labourer , and the provision of free and compulsory education to children rescued from labour , until they complete 14 years of age Bachpan Bachao Andolan v. Union of India, (2011) 5 SCC 1 : Bachpan Bachao Andolan, a child rights NGO, filed a writ petition before the Supreme Court , asking it to take action against the use of child performers in circuses . These c hildren had been trafficked from poverty - stricken areas of Nepal and backward districts of India and were being exploited as child labo urers in these circuses and were being subjected to physical, mental and sexual abuse. The Supreme Court held that this practice was in violation of the fundamental rights of children, labo u r laws and also international conventions, to which India i s a signatory. Accordingly, it directed the Central Government to prohibit the employment of children in circuses, to raid circuses and liberate the children, to restore the children, and to frame rehabilitation schemes for the rescued children ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ P R E P A R E D B Y : S H O B H N A V I J A Y A CHILD IS MEANT TO LEARN, NOT EARN. THOSE SMALL GENTLE HANDS ARE MEANT TO HOLD A PENCIL,NOT MINING TOOLS.