Child Labour Law and Regulations in India

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. "Knowledge will set you free" - In this article, we provide an overview of the law, rules and regulations on the prevention of child labour in India. Know more about Labour Laws & Rights in India:

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:

The period of work on each day should be fixed in a manner that no period or work would exceed three hours.
The adolescent must have an interval for rest for at least one hour after working for three hours.
The total time spent working by an adolescent cannot exceed 6 hours in a day, including the time spent in waiting for work.
Adolescents cannot be employed during the hours of 7 PM to 8 AM.
Adolescents cannot be made to work overtime.
Adolescents cannot work in more than one establishment, at any time.
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:

Name and date of birth of every adolescent employed to permitted to work.
Hours and periods of work of an adolescent and the intervals of rest to which the adolescent is entitled.
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:

Name and situation of the establishment.
Name of the person in the actual management of the establishment.
Address to which communications relating to the establishment must be sent.
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.