Amendment in Child Labour Act, 1986
Monday, March 08, 2010
A Working Group was set up to suggest amendments, if any, in the Child Labour (Prohibition & Regulation) Act, 1986. It was headed by Shri S.K. Srivastava, the then Joint Secretary in the Ministry of Labour & Employment. The Working Group has submitted its report and the major recommendations are as under:
i) The existing definition of child as a person who has not completed 14 years of age may continue.
ii) Setting up of special courts to trial child labour cases.
iii) To include education of child labour in addition to health and safety already provided under the Act.
iv) Specific provisions for offence of trafficking of children for labour.
v) Compounding of offences and enhancement of penalties.
vi) Provision of power to search and seizer under the Act.
vii) Retention of proviso to Section 3 of the Act allowing children to work under the parental care.
International Labour Organization ILO Convention 182 concerning Worst Forms of Child Labour and ILO convention 138 fixing Minimum Age of Employment as 18 years have not been ratified as these would be possible only after the legislative framework and mechanism for their effective implementation are in place. Further, due to the existing socio-economic conditions in the country, compelling conditions force these children to seek employment to supplement their family income and under these circumstances increasing the minimum age of employment from 14 to 18 years may further push these poor families into poverty.
The Minister of State for Labour and Employment Shri Harish Rawat gave this information in written reply to a question in the Lok Sabha today.
