The Census of India, 2001 reveals that, in India 12.59 million are working children between the age-group of 5-14 years. Others estimate a higher figure and accurate enumeration poses a major challenge. Available information reported in the Census indicates that children under 14 constitute around 3.6% of the total labour force in India. Of these children, 90% work in their own rural family setting and out of them nearly 85% are engaged in traditional agricultural activities; less than 8% children work in manufacturing, service and repairs; and while about 0.8% work in factories. The problem of child labour is not limited to our country but worldwide.
The definition of child is different under various enactments, which defines child for the purpose of their object. Joint reading of legal provisions states that there is no confusion in relating to the age of child for the purpose of prohibition of child labour. ‘Child’ means below the age of 14 years, except mine. Further, proviso of sections 3 and clause (3) of section 9 clarify that, if, any child works to assist his or her family in any occupation, will not be counted as child labour, even there is no need for regulation.
Prohibition does not mean abolition, but it means children below the age of 14 years cannot be employed or allowed in any of the employment those are prohibited under Schedule A (15 Occupations) and under Schedule B (57 Processes). Apart from such prohibited occupations and processes, child can be employed but employer has to follow certain regulations. In this chapter, let us examine the legal provisions to eliminate child labour. |