File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Legal Analysis For The Protection Of Adolescent Workers

An Introduction to the The Child and Adolescent (Prohibition and Regulation) Act, 1986 was proclaimed by the Government of India in order to regulate the provisions with regards to child labour within the Country. Various Amendments took place in the above-mentioned Act in the year 2016 and 2017.

This Four Part Act, is trailed by a Schedule is shaped with the with aim to address the problems related to the peoples living in today's society, alongside that preclude the involvement of Children under fourteen years old in unambiguous business or employment. The Part C of the Act puts forth the guidelines and regulations of the conditions of work of Children, on which the current report is based.

The Acts forbids an employment of child in around 13 occupations and around 51 processes.
Following are the Occupations That Have Been Prohibited by the above-mentioned Act
  1. Transport Of Passengers, Goods Or Mails By Railways
  2. Making of Bidi
  3. Weaving of Carpet
  4. Manufacturing of Matches, Explosives And Fire
  5. Manufacturing of Soap.
  6. Cleaning of Wool
  7. Industry Building And Construction.

The Government of India Has Additionally Prohibited the Working Of Children In The Accompanying Occupations Or Cycles:
  1. Abattoirs/Slaughterhouses
  2. Hazardous Processes And Dangerous Operations As Notified
  3. Printing as Defined,
  4. Cashew And Cashew Nut Descaling And Processing
  5. Soldering Cycles In Electronic Industry.

Historical Background
  1. The Child Labour (Prohibition and Regulation) Act, 1986
    According to Article 24 of the Constitution of India, "No child below the age of fourteen years shall be employed to work in any factory or mine or employed in any hazardous employment". The Act assigned a Child as an Individual who had not finished fourteen years with an object to control the functioning hours and conditions, and to restrict working of children in perilous areas or in industries.
  2. The Child and Adolescent (Prohibition and Regulation) Amendment Act, 2016
    This Amended Act totally denies the work of Children who have not finished fourteen years old. The restriction of work of Children in dangerous occupations and hazardous process has been expanded to the age group of Children between fourteen to eighteen years of age, in the mean time directing the working circumstances where they are not forbidden.

    Serious Punishment for the employers who disregard the provisions of the Act was additionally made stricter while making the offense of employing any Child or adolescent in contradiction of the Act by an employer cognizable.

    It is here when the name of the Act was likewise revised.
  3. The Child And Adolescent (Prohibition and Regulation) Amendment Rules, 2017
    A revision in the Child And Adolescent (Prohibition and Regulation) Amendment Rules, 2017 as Standards was made for giving a specific wide system to prevent, prohibit, rescue and rehabilitate the Child and Adolescent, while illuminating the issues related with assistance in family and family endeavors. Meaning of family concerning Child have been consolidated in the rules alongside a few specific provisions. Safeguards with regards to specialists as far as concerned in terms of their long hour of work have likewise been provided.

The subject refers to Part III of the Act, as it incorporates Sections 6 to 13. It contains specific guidelines which are essentially required to be followed by the employer while employing an adolescent. Below are the major outlines of the Part.
  1. Application
    The Provisions of this particular Part of the Act will apply to the establishment or any class of establishment where the occupations or processes which are alluded to in Section 3 are not being carried on.
  2. Hours and time of work
    As referenced in Section 7:
    1. No adolescent representative will work throughout the hours which have been decided and recommended for the establishment or class of establishment
    2. The establishment fix the number of hours
    3. A time span of three hour should not be surpassed without giving relaxation or break of 60 minutes
    4. Maximum limit of work hours for a day will be six, including an interval hour.
    5. No adolescent representative to work between 7 PM to 8 AM
    6. An Adolescent young adult can't work in two establishments at the same time or the same day.
    Where a process is carried on by the occupier with the specific Aids given by the Government or it gets assistance or acknowledgment from Government for it.
  3. Weekly Holidays as per Section 8
    1. One occasion in a week is compulsory.
    2. A permanent notification must be displayed in an obvious space, with respect to the day of the week be taken as a vacation, which can't be modified more than once in ninety days.
    Exception case: Where a process is carried on by the occupier with the aids of Government or it gets assistance or acknowledgment from Government for it.
  4. Notice to Inspector as per Section 9
    1. On an employment of an adolescent a notice in a written form is to be sent within a local jurisdiction to the Inspector within the prescribed time limit of thirty days.
    2. It should to contain the following particulars:
      1. the name and the place of the establishment where it is situated,
      2. name of the individual who manages or deals with the establishment,
      3. the postal address of the establishment,
      4. Various other details like the nature of occupation or process which is carried on in the establishment.
      Exception: Where a process is carried on by the occupier with the aid of Government or it gets assistance or acknowledgment from Government for it.
  5. Disputes with regards to the Age as per Section 10
    In the event of dispute between an Inspector and the occupier of the establishment on the age of adolescent, the Inspector has a right to prescribe a medical authority to decide the age of such adolescent in the exceptional cases as if the birth certificate is not available.
  6. Maintenance of Register as per Section 11
    Occupier has to maintain and keep up-to-date records in a register with regards to the employment of adolescent or allowed to work in any establishment. The register should be accessible by an Inspector for inspection all through the functioning hours of the establishment.

    The register should contain:
    1. The name and date of birth of each and every adolescent employed or allowed to work
    2. hours and times of work of any such adolescent and the time frames to which they are entitled
    3. nature of work
    4. any other points as may be prescribed therein.
  7. Displaying the Notice containing the abstract of Sections 3A and 14
    A notification containing the abstract of Sections 3A and 14 must be displayed in an obvious and accessible place at each railway station by each railway administration, each Port Authority and each occupier. This notice should to be in the regional language as well as in the English language too.
  8. Health and Safety
    An appropriate government make rules for the health and safety of the Adolescent employed or allowed to work in any establishment or class of establishment by notice in the Official Gazette. The Act contains a list of issues on which rules are essentially required to be made on all or any of them.

After going through the provisions of part III of the Act, a significant Amendment which can be noticed all through is the utilization of the word adolescent rather than child, while prohibiting the child work totally. Making a recognition between child adolescent was a positive development.

As before the amendment Child work was not completely abrogated. Only those Children working in dangerous or hazardous industries were restricted to provide them employment which insisted that it is the legislation who is encouraging the children to work.

While it was constantly endorsed that the main goal of the Act was to address the social concern and forbid the commitment of Children in terms of employment, the provisions suggested something different by and large.

We have made considerable progress from 1986 where Child labour wasn't prohibited to now in 2016 when child labour is unequivocally restricted, while as yet leaving a lacuna the adolescent being utilized or employed.

Drawing a difference between Children and adoloscents in view of regardless of whether they have achieved 14 years of age or not on the off chance that an idea which is being discussed tremendously.

Many believe that this change of 2016 is very much retrogressive in nature putting extraordinary accentuation on the way that it took 30 years to finally have the option to make it happen.

Despite the fact that the penalty has been increased in the offense husband made cognizable, the situations of children being employed and adolescents working in unsafe or hazardous industries are still in existence and being heard too. This lead us to think that stricter provisions are required to be in this regards. The Executive's role requires to be fortified and strengthened.

At last, we sorted out that the subject relates to a part of recently amended child and adolescent (prohibition and regulation) act.

In this report we went through the set of history and need of having an act as such in implementation. We talked about the different regulations which are imposed by this Act on the occupier when they employed adolescents. The lists of obligations, necessity to keep a register, directions on working hours, holidays as the week progressed and prerequisite to send a notification.

We additionally examined the amendments, which has been existence in this Act through the time, the significant one being incorporation of the word Adolescent While forbidding Child Labour by and large. The impact of this must be visible for the Name of the Act, which went from being the Child Labor (Prohibition and Regulation) Act to the Child and Adolescent (Prohibition and Regulation) Act.

At last, we went through an assessment on the amendment, it's timing and the need of additional or further amendments.

Also Read:

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly