Understanding the 2016 Amendments to the Child Labour Act: What Changes Mean for Employers and Families

Amendments to the Child Labour Act

Please find attached the notification dated 30.7.2016. The following amendments have been made to the Child Labour (Prohibition & Regulation) Act 1986:

1) The name of the Act has been changed to "The Child and Adolescent (Prohibition and Regulation) Act 1986."

2) In view of the Right of Children to Free & Compulsory Education Act 2009, the engagement of children below 14 years will now be prohibited in all occupations or processes, except where a child helps his family after school hours or as an artist in the audio-visual entertainment industry.

3) A new category of persons called "adolescent" has been introduced. Employment of adolescents will be prohibited in hazardous occupations as specified (mines, inflammable substances, and hazardous processes).

4) The penalty for contravention of various provisions of the Act has been increased.

5) Offences under the Act have been made cognizable (i.e., the person concerned can be arrested without a warrant).

6) The Government may empower the District Magistrate to ensure that the provisions of the law are properly carried out.

7) The Government is also empowered to make periodic inspections of places where the employment of children and adolescents is prohibited.

The amendments will be effective from a date to be notified by the Government.

Thanks

Friends,

Please find attached the notification dated August 30, 2017, issued by the government amending the Schedule to the Act. The Schedule now contains the following occupations:

1. Part A - Hazardous occupations and processes in which adolescents are prohibited to work and children are prohibited to help.

2. List of occupations and processes where children are prohibited to help in family or family enterprises (in addition to Part A).

Thank you.

As per the Adolescent Act, can an adolescent be a paid intern in an interior design firm?

Challenges in Defining Occupation and Process Under the Child and Adolescent Labour Act

Section 3 of the Child and Adolescent Labour Act prohibits employment only in occupations and processes. However, what constitutes an occupation and process is not defined anywhere in the Act. In the absence of a clear definition, it becomes challenging to assess what falls under occupation and process. Many shops and establishments seem to be outside the scope of these definitions. There seems to be a need for a specific definition for "occupation and process" to be included in the Act.

Regards, BSM VALLI