Labour ministry has notified the amendments to the Child Labour (Prohibition and Regulation) Act, paving way for complete prohibition of employment of children up to the age of 14 years but allowing them to help in family enterprises. The proposed changes have been made effective from September 1, 2016 even as the debate continues on whether the government needs to re-look at the
provisions to avoid any misuse of the Act. Besides, labour ministry has also constituted a seven-member technical advisory committee to look the effective implementation of the Act. The amendments to the Child Labour (Prohibition and Regulation) Act were aapproved by parliament in the monsoon session of the Parliament.
Under the Child Labour (Prohibition and Regulation) Amendment Act, 2016, children younger than 14 years can now work in family enterprises and farms after school hours and during holidays. Children working as artists in the audio-visual entertainment industry, including advertisement, films, television serials or any such other entertainment or sports activities, except the circus, have also been granted exemption, provided the work does not affect their school education.
Besides, the Act provides banning employment of children between 15-18 years in hazardous works, in sync with the Right to Children to Free and Compulsory Education Act 2009.
It also provides for a fine of Rs 60,000 to an employer who employees children below the age of 14 years or an imprisonment of up to two years. Under the proposed changes, even the parents are liable to be fined Rs 5000 and imprisonment between six months to one year if they force children below 14 years into child labour for the second time after being rescued.
According to the 2001 census, there were 12.6 million child workers between the ages of five and 14 in India. In 2011, this number fell to 4.35 million. The National Sample Survey Office's survey of 2009-10 put the number at 4.98 million.
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