The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986

Summary of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
Core Objectives:
1. Prohibition: Ban employment of children in all occupations and adolescents in hazardous ones.
2. Regulation: Govern work conditions for adolescents.
Definitions:
• Child: Under 14 years (or as per the Right of Children to Free and Compulsory Education Act, 2009).
• Adolescent: 14 to 18 years old.
Prohibitions:
• Children: Completely barred from employment in any occupation, with limited exceptions for non-hazardous family enterprises and regulated entertainment roles.
• Adolescents: Barred from hazardous occupations/processes (e.g., Mines, Inflammable substances/explosives, and processes defined as hazardous under the Factories Act, 1948).
Regulations for Adolescents:
• Working Hours: Limited with mandatory rest periods and a nightly curfew (7 P.M. to 8 A.M.).
• Weekly Holiday: Guaranteed one full day off.
• Inspector Notification: Employers must inform authorities of adolescent employment.
• Health & Safety: Subject to specially crafted rules.
Enforcement & Administration:
• Technical Advisory Committee: Advises on updating the list of hazardous occupations.
• Penalties:
• First Offence: Imprisonment (up to 2 years) and/or fine (up to ₹50,000, or ₹1 lakh in Gujarat).
• Repeat Offences: Stricter penalties.
• Parents/Guardians: Exempt unless employment is for commercial gain.
• Child and Adolescent Labour Rehabilitation Fund: Financed by fines and an additional ₹15,000 per rescued individual for rehabilitation.
Key Provisions & References:
• The Schedule: Outlines hazardous occupations for adolescents.
• State Variations: Gujarat has enhanced penalties.
• Cross References:
• Factories Act, 1948: For "hazardous process" definition.
• Right of Children to Free and Compulsory Education Act, 2009: For "child" age definition.

Legislative History:

The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986

Act Title - The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (Originally enacted as The Child Labour (Prohibition and Regulation) Act, 1986)

Act Number/Year- 61 of 1986

Act ID (India Code)- 198661

Presidential Assent Date - December 23, 1986

Enforcement Date- May 26, 1993

Nodal Ministry - Ministry of Labour and Employment

Precedent & Historical Rationale

Fragmentation and Inadequacy of Prior Legislation:

Prior to 1986, laws dealing with child labor in India were fragmented, sector-specific, and outdated, consisting of statutes such as the Factories Act, 1948, the Mines Act, 1952, the Plantation Labour Act, 1951, and the Employment of Children Act, 1938. These older frameworks adopted a piecemeal approach, prohibiting child labor only in specific hazardous industries while leaving unregulated vast informal sectors where children were routinely exploited.

The Gurupadswamy Committee Recommendations and Social Policy Shift:

Recognizing the socioeconomic realities of poverty that drove child labor, the Government constituted the Committee on Child Labour (the Gurupadswamy Committee) in 1979. The committee recommended a holistic approach: while total abolition was an ideal goal, immediate total prohibition was impractical due to prevailing economic conditions; therefore, the law needed to prohibit child labor in hazardous occupations and processes while strictly regulating and improving working conditions in non-hazardous sectors. This led to the formulation of the 1986 Act, which was later substantially amended in 2016 to widen prohibitions for adolescents and children.

Parliamentary Trajectory & Enactment

Formulation:

Drafted by the Ministry of Labour to consolidate and amend laws relating to the prohibition of the employment of children in certain hazardous occupations and processes and to regulate their working conditions in other employments.

Parliamentary Passage:

Introduced, debated, and passed by both Houses of Parliament (Lok Sabha and Rajya Sabha) during the winter session of 1986.

Presidential Assent: Received Presidential Assent on December 23, 1986.

Enforcement: Enforced on May 26, 1987.

Source: Official Records of Parliament, India Code, and Ministry of Labour and Employment.