Government on Wednesday gave its nod to a proposal allowing children below 14 years of age to work only in
family enterprises or
entertainment industry with certain conditions while completely banning their
employment elsewhere.
The
original child labour law banned employment of children below 14 in only 18 hazardous
industries.
The
amendments also make it clear that children between 14 and 18 years will also
not be allowed to work in hazardous industries.
The
changes in the labour law also provide for stricter punishment for employers
for violation. While there is no penalty provision for parents for the first
offence, the employer would be liable for punishment even for the first
violation.
In case of parents, the repeat offenders may be penalised with a monetary fine
up to Rs 10,000.
In
case of first offence, the penalty for employers has been increased up to two
and half times from the existing up to Rs 20 thousand to up to Rs 50,000 now.
In
case of a second or subsequent offence of employing any child or adolescent in
contravention of the law, the minimum imprisonment would be one year which may
extend to three years.
Earlier,
the penalty for second or subsequent offence of employing any child in
contravention of the law was imprisonment for a minimum term of six months
which may extend to two years.
After
the Cabinet nod, Government will move official amendments to the Child Labour
(Prohibition and Regulation) Amendment Bill,
2012 in Parliament.
While
child rights activists were opposed to the dilution saying it will promote
child labour, those involved in business maintained that children need to be
trained in traditional arts at an early stage or they will not be able to
acquire the required skills like weaving and stitching.
The
age of prohibition of employment has been linked to age under Right of Children
to Free and Compulsory Education Act, 2009.
Exceptions
have, however, been made in case of works in which the child helps the family
or family enterprises.
The
condition is that such enterprises should not involved any hazardous
occupation. Another condition set forth is that they should work after school
hours or during vacations.
Moreover,
exemption has also been given where the child works as an artist in an
audio-visual entertainment industry, including advertisement, films, television
serials or any such other entertainment or sports activities except the circus.
An
official statement said that while considering a total prohibition on
employment of child, it would be prudent to also keep in mind the country's
social fabric and socio- economic conditions.
Justifying
the amendments, it said, "In a large number of families, children help
their parents in their occupations like agriculture, artisanship etc and while
helping the parents, children also learn the basics of occupations.
"Therefore,
striking a balance between the need for education for a child and the reality
of the socio-economic condition and social fabric in the country, the Cabinet
has approved that a child can help his family or family enterprise, which is
other than any hazardous occupation or process, after his school hours or
during vacation." Besides a new definition of adolescent has been
introduced in the Child Labour (Prohibition and Regulation) Act and employment
of adolescents (14 to 18 years of age) has been prohibited in hazardous
occupations and processes.
"These
provisions would go a long way in protecting adolescents from the employment
not suitable to their age," it said.
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