Child labor is strictly prohibited in India under the Child Labour (Prohibition and Regulation) Act, 1986. The act prohibits the employment of children below the age of 14 in hazardous occupations and processes such as mining, beedi making, carpet weaving, and working in railway yards and ports. Additionally, the Right of Children to Free and Compulsory Education Act, 2009 makes education a fundamental right for children aged 6-14 years and prohibits any kind of work that interferes with a child's education. Some key provisions of the Child Labour (Prohibition and Regulation) Act, 1986 are: Prohibition of employment of children in certain occupations: The act prohibits the employment of children below the age of 14 years in hazardous occupations and processes. Regulation of employment of children in non-hazardous occupations: Children between the ages of 14 and 18 may be employed in non-hazardous occupations subject to certain conditions, such as obtaining a certificate of fitness from a medical officer, maintaining a register of child workers, and ensuring that the work is not detrimental to their health and education. Penalties for violation: Employers who violate the provisions of the act are subject to imprisonment and/or a fine. The act also provides for the seizure of goods produced through child labor. Rehabilitation of child laborers: The act also provides for the rehabilitation of child laborers, including their education and vocational training. Despite the laws, child labor remains a pervasive issue in India. The government has taken various measures to combat the issue, such as launching awareness campaigns, setting up special task forces, and establishing schemes for the education and rehabilitation of child laborers.

Dear client, Child labour deprives children of their childhood and is harmful to their physical and mental development. The Government provides free education to all children and has taken various steps to prevent child labour in India. However, child labour continues to be a problem in various parts of India due to poverty, lack of good schools and the growth of the informal economy. If all Entrepreneurs in the country decide to take steps to abolish child labour and help needy children receive education during their childhood, a vibrant and robust India can be created. Legal Age for Working in India Hiring children below the age of 14 years for any kind of work, other than in certain family-based work, is a cognizable offence and will attract a jail term of up to 2 years. Adolescents between the age of 14 – 18 years cannot be employed in any hazardous occupation. Under the Child Labour (Prohibition and Regulation) Amendment Bill, 2012, the parents of the underage child employed can be penalized as well. Children under 14 Years of Age Children under the age of 14 years cannot be employed or permitted to work in any occupation or process. However, this restriction will not apply if a child helps his/her family or family enterprise (which is not a hazardous occupation), after his/her school hours or during vacation. Family in relation to a child means his/her father, mother, brother, sister and father’s sister and brother and mother’s sister and brother. Also, a child below the age of 14 years will be allowed to work as an artist in the audio-visual entertainment industry, including the advertisement, films, television serials or any other entertainment or sports activities except the circus, subject to conditions and safety measures. Adolescents – 14 to 18 Years of Age The Child Labour (Prevention and Regulation) Amendment Act allows adolescents to work in non-hazardous occupations and processes. If an adolescent is employed, the following conditions must be satisfied by the employer: a. The period of work on each day should be fixed in a manner that no period or work would exceed three hours. b. The adolescent must have an interval for rest for at least one hour after working for three hours. c. The total time spent working by an adolescent cannot exceed 6 hours in a day, including the time spent in waiting for work. d. Adolescents cannot be employed during the hours of 7 PM to 8 AM. e. Adolescents cannot be made to work overtime. f. Adolescents cannot work in more than one establishment, at any time. g. Adolescents must be provided in every week, a holiday of one whole day. Rules for Employing Adolescents All employers employing adolescents must maintain a register with the following information: a. Name and date of birth of every adolescent employed to permitted to work. b. Hours and periods of work of an adolescent and the intervals of rest to which the adolescent is entitled. c. The nature of work of any such adolescent. In addition to the above register, on employing or permitting an adolescent to work in an establishment, the owner of the establishment must send the Local Inspector the following information within 30 days: 1. Name and situation of the establishment. 2. Name of the person in the actual management of the establishment. 3. Address to which communications relating to the establishment must be sent. 4. Nature of the occupation or process carried on in the establishment. Punishment for Violation of Child Labour Laws Any person who employs a child or permits any child to work in contravention to the Child and Adolescent Labour (Prohibition and Regulation) Act is punishable with imprisonment for a term which would not be less than 6 months but which could extend to 2 years. In addition to imprisonment, the employer can also be fined an amount of Rs.20,000 to Rs.50,000. Hazardous Occupation and Processes The following occupations and processes have been listed as hazardous under Section 3 of the Child and Adolescent Labour (Prohibition and Regulation) Act. Hence, any child below the age of 18 cannot be employed for any of the following: Occupation An occupation connected with: 1. Transport of passengers, goods or mails by railway; 2. Cinder picking, clearing of an ash pit or building operation in the railway premises; 3. Work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from one platform to another or into or cut off a moving train; 4. Work relating to the construction of a railway station or with any other work where such work is done close to or between the railway lines; 5. A port authority within the limits of any port; 6. Work relating to the selling of crackers and fireworks in shops with temporary licences; 7. Abattoirs/ slaughter Houses; 8. Automobile workshop and garages; 9. Foundries; 10.Handling of toxic or inflammable substances or explosives; 11.Handloom and power loom industry; 12. Mines ( underground and underwater) and collieries ; 13.Plastic units and fibreglass workshops; 14.Employment of children and domestic workers or servants; 15.Employment of children in dhabas ( roadside eateries), restaurants, hotels, motels, tea shops, resorts, spas or other recreational centres; 16.Diving; 17.Circus; 18.Caring for Elephants. Processes Any of the following processes: Bidi- making; Carpet-weaving including preparatory and incidental process thereof; Cement manufacture, including bagging of cement; Cloth printing, dyeing and weaving including processes, preparatory and incidental to it; Manufacture of matches, explosives and fireworks; Mica-cutting and splitting; Shellac manufacture; Soap manufacture; Tanning; Wool- cleaning; Building and construction industry including processing and polishing of granite stones; Manufacture of slate pencils ( including packing); Manufacture of products from agate; Manufacturing process using toxic metals and substances, such as lead, mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos; ‘Hazardous process’ as defined in section 2(cb) and ‘dangerous operation’ as notified in Rules under section 87 of the Factories Act, 1948 (63 of 1948); Printing as defined in section 2(k)(iv) of the Factories Act, 1948 (63 of 1948); Cashew and cashew nut descaling and processing; Soldering processes in electronics industries; “Aggarbatti’ manufacturing ; Automobile repairs and maintenance including processes incidental to it, namely, welding, lathe work, dent beating and painting; Brick kilns and roof tiles units; Cotton ginning and processing and production of hosiery goods; Detergent manufacturing; Fabrication workshop ( ferrous and non-ferrous); Gem cutting and polishing; Handling of chromite and manganese ores; Jute textile manufacture and coir making; Limekilns and manufacture of lime; Lock making; Manufacturing processes having exposure to lead such as primary and secondary smelting, welding and cutting of lead-painted metal construction, welding of galvanized or zinc silicate, polyvinyl chloride, mixing (by hand) of crystal glass mass, sanding or scraping lead paint, burning of lead in enamelling workshops, lead mining, plumbing cable making, wire patenting, lead casting, type founding in printing shops, Store typesetting, assembling of cars, shot-making and lead glass blowing; Manufacture of cement pipes, cement products and other related work; Manufacturing of glass, glassware including bangles, fluorescent tubes, bulls and other similar glass products; Manufacture of dyes and dyestuff; Manufacturing or handling of pesticides and insecticides; Manufacturing or processing and handling of corrosive and toxic substances, metal cleaning and photoengraving and soldering processes in the electronic industry; Manufacturing of burning coal and coal briquettes; Manufacturing of sports goods involving exposure to synthetic materials, chemicals and leather; Moulding and processing of fibreglass and plastic; Oil expelling and refinery; Papermaking; Potteries and ceramic industry; Polishing, moulding, cutting, welding and manufacture of brass goods in all forms; Process in agriculture where tractors, threshing and harvesting machines are used and chaff cutting; Sawmill all processes; Sericulture processing; Skinning, dyeing and processes for manufacturing of leather and leather products; Stone breaking and stone crushing; Tobacco process hag including manufacturing of tobacco, tobacco paste and handling of tobacco in any form; Tyre making, repairing, re-treading and graphite beneficiation; Utensils making, polishing and metal buffing; `Zari making (all processes); Electroplating; Graphite powdering and incidental processing; Grinding or glazing of metals; Diamond cutting and polishing; Extraction of slate from mines; Rag picking and scavenging. Processes involving exposure to excessive heat (e.g. working near the furnace) and cold; Mechanized fishing; Food Processing; Beverage Industry; Timber handling and loading; Mechanical Lumbering. Warehousing; Processes involving exposure to free silica such as slate, pencil industry, stone grinding, slate stone mining, stone quarries, and agate industry. Should you have any queries, please feel free to contact us!