Press Conference by MoS – Labour and Employment

Bandaru Dattatreya_MoS_indianbureaucracy
Bandaru Dattatreya_MoS_indianbureaucracy

Shri Bandaru Dattatyreya,the Minister of State for Labour and Employment held a press conference here on  the Child Labour (Prohibition and Regualation) Amendment Bill,2016 that was passed by Parliament this week. Comparing the existing Act and the Amendment Bill, the main points highlighted by the Minister  include-

BEFORE AND AFTER THE CHILD LABOUR (PROHIBITION & REGULATION) AMENDMENT , 2016 Before the amendment After the amendment Impact
1. Child below14 years permitted to be employed in occupations and processes except for 18 occupations and 65 processes Child below 14 years completely prohibited to be employed in any occupation and process Complete ban to ensure every child below 14 years is in school as per RTE Act.
2. No provision of help after school hours as child allowed to work  below 14 years A child allowed to help in family or family enterprise if it is non hazardous and only after school hours or during vacations This would allow children to learn their traditional skill and also develop life values like a sense of discipline, responsibility, decision making etc
3. Child below 14 years allowed to work in family enterprise both hazardous and non-hazardous Child below 14 years permitted to help in his family’s family enterprise and that too if the family enterprise is non hazardous. Protect the health and ensure children’s well being as now child not allowed to work in both hazardous and non- hazardous family enterprises.
4. A child can work in the family enterprise which is not necessarily of the child The child can help after school hours in his own family’s enterprise, if it is non-hazardous. This help in child’s own families’ non-hazardous family enterprise will lead to his learning of skills and values of life.
5. No prohibition on employment of persons above 14 years Persons above 14 to 18 years categorized as adolescents and prohibited to work in hazardous occupations and processes This would ensure protection of physical and mental health of the adolescents
6. No provision of regulation of working of persons between 14-18 years in terms of working conditions, hours etc The working conditions of adolescents allowed to work  in non-hazardous occupations  regulated for the first time Regulation of working conditions would ensure non exploitation of the adolescents working in non-hazardous occupations
7. Schedule of 18 occupations and 65 processes ( called as certain occupations and processes) applicable for  a child and tells where a cannot work A child cannot work in any occupation and process, so the list of prohibited occupations made infinite as complete ban on employment Complete ban on work and not only on 18 occupations and 65 processes.
8. No schedule of hazardous occupation and processes where an adolescent cannot work Schedule of hazardous occupation and processes provided where an adolescent cannot work. The Schedule Protection of adolescents health .
9. No provision of providing a positive list of occupations where an adolescent can work Government may provide a positive list of non hazardous occupations where an adolescent can work and child can help The enabling provision to allow Government to restrict employment of adolescents in prescribed non- hazardous occupations
10. Contravention of provisions non-cognizable offence It is cognizable offence No need of approval of District Magistrate for taking action on the FIR on violation of child labour Law prohibiting employment.
11. No Officer responsible for implementation of Act DM or an officer subordinate to him can be made responsible for enforcement and can be conferred with such powers as decided by appropriate Govt. Provides for laying specific responsibility on the designated Officer for violation of the provisions of the Act- ensuring better enforcement.
12. No provision of rehabilitation Fund for rescued children Statutory provision for a Child and adolescent labour rehabilitation Fund with contribution of appropriate Government also ensured for each child rescued. Statutory provision of rehabilitation Fund would ensure that child and adolescent is not only rescued but his future is secured by the amount collected in fund for his welfare and education.


The amendment has introduced the provision of allowing child to work in family enterprises. The child was allowed to work in any family enterprise including hazardous enterprises without regulation of working hours. The Bill completely prohibits employment in any family enterprise with the exception of help being allowed and that too in child’s own family enterprise, only if it is non-hazardous and after school hours and during vacation.
The amendment would legalize and recognize child labour being done in homes. Instead of legalizing, it restricts engagement of children even in child’s own family enterpriseas help can be done only after school hours and during vacations and in non-hazardous enterprises.
It will increase the number of out of school children The basic objective of the amendment is toensure no hindrance in the school educationand hence even help in family or own family enterprise has not been permitted at the cost of education. A child if made to help during school hours is an offence under the Amended provision.
Children will now be allowed to work in beedi making and other hazardous family enterprises On the contrary, children at present allowed working in any family enterprise including beedi making without regulation of working hours. The proposed amendment prohibits any work even in child’s own family enterprise but permits help after school hours and during vacation.
The Schedule has been reduced from 83 to 3 The existing Schedule and the Schedule in the Amendment Bill, 2016 are not comparable as one of certain occupations and processes where children were prohibited to work and new schedule of hazardous occupations and processes. The proposed Schedule does not include only 3 occupations but 3 groups/ categories which would be elaborated and added in due course

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