Child Labour –
Child labour means that the person working in which the person is younger than the age limit prescribed by law. This practice is considered by many countries and international organizations as an exploitative practice. Child labour was used in many ways in the past, but due to industrialization with universal schooling, change in working conditions and concepts of workers’ labour rights and children’s rights, it has entered into a public dispute. Child labour is still common in some countries.
Child Labor Review –
There may be prostitution or quarrying, agriculture, helping the parent’s business, having their own small business (such as selling food), or other minor jobs. Some serve as guides to the child, sometimes helping them They are employed in shops and restaurants (where they also work as waiters). Others force children to do laborious and repetitive tasks such as: making boxes, polishing shoes, selling cilantro, and storing and cleaning store products.
However, apart from factories and sweet shops, most children work in the informal sector, such as “selling various things on the street, in firecracker factories, working in agriculture or [children’s domestic work|undercover work in homes]”. – These jobs remain out of reach of government labour inspectors and media scrutiny. “And all this work was done in all kinds of weather and for minimum wages. According to UNICEF, about 2.5 crore children in the world, aged between 2-17 years, are involved in child labour, while in this Domestic labour is not included.
The most widely rejected forms of child labour include [the military use of children] as well as child prostitution. Is included. Less controversial and legally valid with some restrictions are working such as child actors and child singers, as well as work after the school year (seasonal work) and any business of its own that involves work after school hours.
Child rights –
It is considered unfair or exploitative if a child under a certain age does work other than household chores or schoolwork. No employer is allowed to hire a child below a certain age. The minimum age, depending on the country, in any establishment without parental consent, the minimum age has been fixed at 16 years.
During the Industrial Revolution, children as young as four were often employed in factories producing factories with deadly and dangerous working conditions. The Making of the English Working Class, (Penguin, 168), pp. Now rich countries have understood the use of children as labourers and on this basis consider it a violation of human rights and have declared it illegal while some poor countries have tolerated or allowed it.
The Convention on the Rights of the Child, signed during the 1990s by every country in the world except Somalia and the United States, is the most powerful international legal language that prohibits illegal child labour, although it does not recognize child labour as illegal.
Against Child Labor –
Child labour began at the beginning of the Industrial Revolution. For example, Karl Marx in his Communist Manifesto. It is also worth noting that public moral complicity should be used to discourage the purchase of products that are collected or made with child labour in developing countries. Others worry that boycotting items made from child labour could lead these children to more dangerous or over-enthusiastic occupations such as prostitution or agriculture.
For example, a UNICEF study found that 5,000 to 7,000 Nepalese children were forced into prostitution, and an estimated 50,000 children were forced into sex work in Bangladesh after the Child Labor Prevention Act (1986) was enacted in the US. Jobs in the garment industry were laid off and many turned to “rock breaking, street brawling and prostitution” -- -
All these facts are based on the basis of a UNICEF study. All these activities are “more dangerous and explosive than the production of textiles.” This study concludes that “like the long-term use of coarse equipment, such consequences may cause more harm to children than to benefit”.
Law on Child Labor –
1. Is it legal to employ children? No, it is illegal to employ children under the age of 14.
Although there are some exceptions to this rule, such as children working in family businesses when they are back from school or during summer vacations, child actors are allowed to work in films, they can also participate in sports activities.
Children in the age group of 14-18 years can be employed (who fall under the category of juveniles) if the workplace is not engaged in a hazardous occupation or process included in the list.
2. If someone in my neighbourhood makes children work, what can I do about it?
If you see any violation of this law, you can report it to the police or magistrate. You can also bring it to the notice of social organizations working on the rights of children, who can take the matter further. Police officers or child labour inspectors can also complain.
This crime comes under the category of cognizable crimes, that is, if caught violating this law, arrest or investigation can be done even in the absence of a warrant.
3. What punishment can be given for employing children in violation of this law?
Any person who employs a child below the age of 14 years or employs a child of 14-18 years in any dangerous occupation or process, shall be punished with imprisonment of either description for a term which may extend from six months to two years, and shall also be liable to fine. There may also be a fine of up to Rs 20,000 -50,000.
Failure to keep a register, failure to fix work deadlines, and other health and safety violations are punishable under this law with a jail term of up to one month, as well as a fine of up to Rs.10,000. If an offence under this Act is committed for the first time, then the case can also be resolved by paying a fine as may be prescribed.
Apart from this law, there are other such acts (such as the Factories Act, Mines Act, Shipping Act, Motor Transport Workers Act etc.) under which there is a provision of punishment for employing children, but prosecution for the offence of child labour. Child labour will be done only under the law.
4. What happens to the children who are protected under this law?
Children who are rescued from situations that violate this law should be rehabilitated under the new law. The Juvenile Justice (Care and Protection of Children) Act 2025 applies to children in need of care and protection. Happens
5. Is it legal for children to work in the family business?
Yes, children under 14 years of age can be employed in the family business. Businesses which are operated by a close relative (mother, father, brother or sister) or distant relative (father’s sister and brother, or mother’s sister) and brother), he is included in this definition.
It is necessary to ensure that the family business is not associated with a hazardous process or substance as defined under this law. Industries related to energy/electricity generation, mines, and industries involving explosive substances are included in this definition. Read a list of all the businesses involved here.
Although children can contribute to the family business, it is very important to ensure that it does not affect their studies, so they should work only after school or during holidays.
6. Can parents/guardians be punished for allowing their children to work?
Generally, parents/guardians of children cannot be punished for allowing their children to work contrary to this law, but if a child under the age of 14 is made to work for a commercial purpose or otherwise If a child between the ages of 14-18 is made to work in a dangerous occupation or process, this immunity does not apply and may be punished.
The law gives them an opportunity to rectify their mistake, if they are caught doing so for the first time, they can deal with it through a conciliation process, but if they again get their child to work in violation of the law, If so, they can be fined up to Rs 10,000.
By Chanchal Sailani | December 20, 2022, | Editor at Gurugrah_Blogs.
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