News is doing rounds regarding the amendments of the present Child Labour (Prohibition and Regulation) Act, 1986, which the centre has approved recently. The new amendment is made in the Child Labour Act so as to align it with the Right to Free and Compulsory Education Act, 2009, which is a fundamental right of all children in the age group of 6 to 14 years to have education.
The Amendments
First of all, let us know the latest amendments made in the bill and how they differ from the original.- The original child labour law had banned employment of children below 14 years in only 18 hazardous industries or occupations. According to the latest amendment, all children aged below 14 years, cannot be employed anywhere, in any occupations and processes, but they have the right to work in non-hazardous family enterprises or the entertainment industry. This is mainly in consideration of the involvement of children in TV and Film industry, participation of children in advertisements or any other entertainment or sports activities, leaving aside the circus. The new bill will allow a child to work in a non-hazardous family enterprise only after school hours.
- The proposed amendment has also relaxed the penalty for parents or guardians. Earlier, they were subjected to the same punishment as the employer. But, if parents are offenders repeatedly, according to the new law, they will have to give a penalty of Rs 10,000.
- Employers are subjected to penalty even for the first offence. The present fine of first time offence on the part of the employer is up to Rs. 20,000. According to the latest amendment, the penalty has been increased to up to Rs 50,000 now. It also includes a jail term for not less than 6 months to 2 years. For subsequent offenses by the employer, the imprisonment can extend from 1 year to 3 years. The new bill has also given every right to police to arrest an employer without a warrant if found guilty.
- The period from 14 to 18 years is termed as adolescence in the new bill according to which employment of adolescents has been prohibited in hazardous occupations and processes.
- The amendment has also put forward a proposal of setting up of a Child and Adolescent Labour Rehabilitation Fund in various districts for carrying out rehabilitation activities of children rescued.
