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Business EconomyPosted at: Jul 28 2016 7:16PM


Comments on Amendment bill 2016 are ill-informed: Labour Ministry

New Delhi, Jul 28 (UNI) The government today expressed serious concern over comments of some organisations on provisions of the Child Labour (Prohibition and Regulation) Amendment Bill, 2016, passed by Parliament on Tuesday and said such comments were ill-informed and misleading reflecting inadequate understanding of the provisions and implications of the original act.
Those comments have created an impression that the bill allows for the first time employment of children of below 14 years in family enterprises while no such provision was there in the original Act of 1986. The fact of the matter is that the original Act while prohibiting employment of children in certain occupations only provides clearly that “nothing in this section shall apply to any workshop where in any process is carried on by the occupier (owner) with the aid of his family or to any school established by, or receiving assistance or recognition from, Government”, the Labour and Employment Ministry said in a statement.
This goes to prove that the original Act of 1986 clearly allowed children to be employed or engaged in all kinds of family enterprises without any restrictions, it added.
There is no provision at all in the original Act prohibiting children from being employed or engaged in family enterprises including hazardous occupations and even during school hours.
On the contrary, while stipulating that Children of 14 years of age should not be employed between 7 pm and 8 am, the original Act of 1986 exempted family enterprises and schools from the applicability of this provision.
This exemption, read in conjunction with the provisions of the original Act of 1986 granting blanket permission for engaging children in family enterprises without any references to school hours, has the potential for children to be allowed to work in family enterprises round the clock, severely impacting their schooling, learning and health, it added.
The Amendment Bill, 2016 on the contrary clearly stipulates total and complete prohibition on employment of children below 14 years.
However, taking into consideration the socio-economic conditions prevailing in the country and the prevailing practice in many parts of the world where the children help in their family enterprise, the Amendment Bill provides that children can help their families only in non-hazardous occupations and that too only after school hours or during vacations, there by restricting engagement of children in family enterprises.
While the original Act prohibited children from being employed only in certain occupations, the Amendment Bill prohibits their employment in all kinds of occupations.
The Amendment Bill, 2016 provides for very stringent provisions for the enforcement as against the original Act.
Any violation of the rights of children is made a cognizable offence under which a person accused of violation could be arrested without any arrest warrant while such a violation under the original Act was only a non-cognizable offence under which permission of a Magistrate is required to arrest an accused.
UNI ASH CJ RJ AN1916
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