child lobour by abraham

8/2/2019 Child Lobour by Abraham

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Presented

by Y Abraham KonyakMBA 3rd SemRoll No. Nu/mn/17/2010

Child Lobour ProhibitionAct 1986


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Content

Meaning

Prohibition of Employment of Children in certain

Occupations and Processes.

Regulation of conditions of work of children.Important constitutional provisions.

Legislations in India which prohibit child labour.

Conclusion.


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WHAT IS CHILD LABOUR? There is no definition put forth by the

government of India with respect to

child labour - the closest to a

definition can be fished out of the Child

Labour Act of 1986.

Child labour can be defined as any

type of work a child (up to 18 years ofage) is engaged in for a large part of the

day that is preventing his/her regular

attendance and success in school.

In addition, overall development

which will facilitate a child to realize

his/her full potential


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Prohibition of Employment of Children in certain Occupations and ProcessesNo child shall be employed or permitted to

work in any of the occupations set forth inPart A of the Schedule or in any workshopwherein any of the processes set forth inPart B of the Schedule is carried on:

PART A

1. Transport of passengers, goods or mailsby railway;

2. Cinder picking, clearing of an ash pit orbuilding operation in the railwaypremises;

3. Work relating to the construction of arailway station or with any other workwhere such work is done in closeproximity to or between the railway lines;


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Processes Part :B1. Bide-making.2. Carpet-weaving.

3. Cement manufacture, including bagging of cement.

4. Cloth printing, dyeing and weaving.

5. manufacture of matches, explosives and fire-works.

6. Mica-cutting and splitting.

7. Soap manufacture.

8. Tanning.

9. Wool-cleaning.

10. Building and construction industry.


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Regulation of Conditions of Work of ChildrenA. Hours and period of workThe period of work on each day shall

be so fixed that no period shall exceed three hours and that no

child shall work for more than three hours before he has had aninterval for rest for at least one hour.

The period of work of a child shall be so arranged that inclusive ofhis interval for rest, under sub-section(2), it shall not be spreadover more than six hours, including the time spent in waiting for

work on any day. No child shall be permitted or required to work between 7 p.m. and

8 a.m.

No child shall be permitted or required to work overtime.

B. Weekly holidays:Every child employed in an establishment shall beallowed in each week, a holiday or one whole day

Maintenance of register: A register to be available for inspectionby an Inspector at all times during working hours or when work isbeing carried on in any such establishment showing, name and date

of birth, hours and periods of work, nature of work .


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Cont

C. Health and safety: The appropriate Government makerules for the health and safety of the children employed or permitted to

work in any establishment or class of establishments. the said rules mayprovide for all or any of the following matters, namely :

cleanliness in the place of work place.

drinking water;

latrine and urinals;

fencing of machinery; work at or near machinery in motion;

employment of children on dangerous machines;

device for cutting off power;

excessive weight;

protection of eyes;

explosive or inflammable dust, gas, etc.;

precautions in case of fire;

D. Disputes as to age: If any question arises between an Inspectorand an employer as to the age of any child who is employed or is

permitted to work by him in an establishment, the certificate granted bythe prescribed medical authority considered by the inspector.


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Miscellaneous

Penalties:

Whoever employs any child or permits any child to work incontravention of the provisions of Sec. 3 shall bepunishable with imprisonment for a term which shall not beless than three months but which may extend to one yearor with fine which shall not be less than ten thousandrupees but which may extend to twenty thousand rupees orwith both.


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IMPORTANT CONSTITUTIONAL PROVISIONS

The Indian constitution hasprohibited the child Labour, and

it also mentions the rights of thechild which has been mentionedin the article of the Indianconstitution. They are:-

Article 23; Prohibition of traffic

in human beings and forcedlabour

Article24; Prohibition ofemployment of children infactories, etc

Article 45; Provision for free andcompulsory education forchildren below the age of sixyears

Article 21-A; Right to education


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LEGISLATIONS IN INDIA WHICH PROHIBIT CHILD LABOUR

There are several Acts which prohibits the child labours and they are:-

Section 67of Factories Act, 1948:

Prohibition of employment of young children No child who has not completedhis fourteenth year shall be required or allowed to work in any factory.

Section 24 of Plantation Labour Act, 1951:

No child who has not completed his twelfth year shall be required or allowed to

work in any plantation.

Section 109 of Merchant Shipping Act, 1951:No person under fifteen years of age shall be engaged or carried to sea to work

in any capacity in any ship

Section 45 of Mines Act, 1952:

No child shall be employed in any mine, nor shall any child be allowed to be

present in any part of a mine which is below ground or in any (open cast

working) in which any mining operation is being carried on.

Section 21 of Motor Transport Workers Act, 1961:

No child shall be required or allowed to work in any capacity in any motor

transport undertaking.

Cont


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conclusion

The child has the right to live, develop, and

enjoy his life. Lets not force child to worklet this innocent child grow in his own way.Together lets eradicate the child labour.Together we can give life to a child. Everychild will learn not earn.


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THANK YOU


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Bibliography1. Industrial relation and labour law

By, C. S Srivastava

2. Internet

child lobour by abraham

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