Child Labour Law

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The Union Cabinet has passed amendments to the Child Labour (Prohibition and Regulation) Act, 1981. Employers of children will in future be more severely penalized for violation of the Act. The ban on children below 14 employed in hazardous occupation has been expanded to those between 14 and 18. Children will however be allowed to work in family-owned business, at home and in the entertainment industry. However, it has to be ensured that such employment does not interfere with school enrollment which has been guaranteed by the Right to Education legislation. It may be difficult to assess the amount of work minors may have to do at home encroaching upon their schooling. The law does not go far enough. Parents will be penalized for making their children work though their first violation will be overlooked. Labour inspectors overseeing the matter pose a threat as their hamhanded handling may result in the shunting off of working children to rescue homes. Preventive measures for erring children have not been seriously contemplated. The problem cannot be viewed in isolation. A proper child protection system and better rehabilitation homes have to be installed. Trained staff should run these homes. Another point to be considered is that a ban on children’s employment may not be justified in cases where their earnings save their families from crushing poverty.

School going is of course a must. But the homily that children should not work at the cost of a school education is not easy to be made a reality. Proper arrangements have not been made to implement the method of learning as you earn. School enrollment subsidy may be a good idea. But poverty alone does not make children work. Parental decisions also come into play. Above all, it should be seen that children staying away from work and also ducking school do not turn into anti-social elements.

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