The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
1. Background and Purpose
Before this law, children in India were engaged in hazardous and exploitative work without protection. The Child Labour (Prohibition and Regulation) Act, 1986 was enacted to:
Prohibit the employment of children in certain occupations and processes.
Regulate the working conditions of children in other areas.
Provide safeguards for the health, safety, and education of children.
Later, in 2016, it was amended and renamed as The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 to widen protection.
2. Key Definitions
Child → A person below 14 years of age.
Adolescent → A person aged 14 to 18 years.
Hazardous Occupation/Process → Work considered harmful to the health, safety, or moral development of a child or adolescent (like mining, handling explosives, working with toxic chemicals, etc.).
3. Main Provisions
(A) Prohibition
No child (below 14 years) can be employed in any occupation or process.
Exception: A child can help in family enterprises or entertainment industry (films, TV, sports), provided it is not hazardous and does not affect education.
(B) Regulation of Adolescent Labour
Adolescents (14–18 years) cannot work in hazardous occupations.
They may work in non-hazardous sectors, but with restrictions on working hours and conditions.
(C) Working Conditions (for adolescents in non-hazardous work)
Working hours: Not more than 6 hours per day.
No work between 7 p.m. to 8 a.m.
One day holiday each week.
No overtime.
Safety measures must be followed.
(D) Penalties
Employing a child: imprisonment 6 months to 2 years and/or fine of ₹20,000 to ₹50,000.
Employing an adolescent in hazardous work: imprisonment up to 2 years.
Repeat offences lead to harsher punishment.
(E) Rehabilitation
The amendment in 2016 introduced a Child and Adolescent Labour Rehabilitation Fund.
Employers caught violating the law must deposit a fine, which will be used for the welfare and education of the rescued child.
4. Case Laws
(i) M.C. Mehta v. State of Tamil Nadu (1996)
Concerned children working in match and fireworks factories in Sivakasi.
The Supreme Court held that employing children in hazardous industries violates Article 24 of the Constitution.
Ordered the government to:
Prohibit children in hazardous industries.
Provide compensation and alternative education to rescued children.
(ii) People’s Union for Democratic Rights v. Union of India (1982) (Asiad Workers Case)
Children were found working in construction for the Asian Games.
Court held that child labour in construction is hazardous and violates Fundamental Rights.
(iii) Bandhua Mukti Morcha v. Union of India (1984)
Concerned bonded child labour in stone quarries.
The Supreme Court directed the government to identify, release, and rehabilitate children forced into bonded labour.
(iv) Unnikrishnan v. State of Andhra Pradesh (1993)
Recognized Right to Education as a fundamental right.
Directly connected to child labour laws, since compulsory education prevents child exploitation at work.
5. Constitutional Basis
Article 21A → Right to free and compulsory education for children (6–14 years).
Article 24 → Prohibits employment of children below 14 in factories, mines, or hazardous jobs.
Article 39(e) & (f) (Directive Principles) → Protect children’s health and provide opportunities for development.
6. Importance of the Act
Protects vulnerable children from exploitation.
Ensures education instead of forced labour.
Promotes safe working conditions for adolescents.
Balances economic needs of families with child rights.
✅ In summary:
The Act is a strong legal tool to abolish child labour and regulate adolescent work in India. Supported by Supreme Court judgments, it ensures children get education and a safe childhood while preventing their exploitation in dangerous jobs.
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