Home / Legal Explainers / Labour & Employment / Illegal Employment / Child Labour

If the members of a school are aware that a child or adolescent is engaged in any illegal work, they are required to report it.

Child Labour

This explainer discusses how the Indian law that regulates employment of children and prohibits child labour. It primarily deals with the law laid out in the Child Labour (Prohibition and Regulation) Act 1986.

Settlement and Rehabilitation

Settlement of the crime of Child Labour
Child Labour Rehabilitation cum Welfare Fund
Rehabilitation of children employed illegally

Age

Employing adolescents between 14-18 years
Employing children under 14
Determining age of Child

Duties & Prevention

Employers Responsibility towards Child Artists
Role of Schools in preventing Child Labour
Duties of an Inspector to prevent Child Labour
Responsibilities while employing Child Artists
Children in Movies/TV/Sports
Government duties against Child Labour
Children working in the family business
Health and Safety of Working Children
Working Hours and Days of Employed Adolescents
Duties of an Employer while employing adolescents
Parents making Children work
Punishment for Employers against Child Labour
Filing a Complaint against Child Labour

FAQs

What do you do if you see a child or know about a child working in a hazardous industry?

You can complain about instances of the illegal employment of children or adolescents to the nearest police station or fill out all the details that you know in a complaint form by the Ministry of Labour. You can access the same here.

Can my child quit school if he is working with my family in a family enterprise?

No, the law specifically states the importance of a child’s education and so you should not force your child to quit school. Instead, you should encourage him or her to learn and work at the same time. You should keep in mind:

Your child can only work in a family enterprise to help his or her own family and only work for the family.
Your child should not be given work during school hours and between 7 pm and 8 am.
Your child should not be engaged in tasks which may severely affect his education or homework or extra-curricular activity assigned to him or her.
Your child should not be engaged in continuous tasks without rest which would make him or her tired. It is important to provide care and support for the child by providing breaks to refresh his health and mind. That is why the law states that the child should not work continuously for more than 3 hours.

Can parents be punished for allowing their children to work?

The parents or guardians of the children who are working in violation of this law will generally not be punished for allowing their children to work. However, this immunity does not apply if they make their child (who is under 14 years of age) work for commercial purposes or make their child (between 14 years and 18 years) work in a hazardous occupation or process. The law does give them a chance to correct their wrong – when they are caught doing this the first time, they can settle it by paying money. However, if they make their child work again in violation of the law, they can be punished with a fine of up to Rs. 10,000.

Where can I find the Child Labour Rehabilitation-cum-Welfare Fund?

We have been unable to locate sufficient information on the existence of the fund in the District. Despite filing an RTI, our query regarding this was not cleared.

What are the new International Law conventions India has signed? How will it affect the child labourers in India?

India has signed two conventions, Convention 138 and 182 of the International Labor Organization. These two conventions say that:

Minimum age of children for employment should not be less than completion of age of compulsory education, which is 14 years.
Elimination of worst forms of child labour.

If a child is performing on the road at traffic signals for money can this be considered as child labour? If so, what can I do?

Yes, this is child labour and it is specifically stated in the child labour laws that performing on the streets for monetary gains is not allowed. Hence, what you can do is go to the nearest police station to file a complaint and the inspector will then look into the complaint.

What other work can a child do other than movies and sports under the child labour law?

Apart from sports and movies a child can work in other jobs such as:

Cinema and documentary shows on television, like reality shows, quiz shows, talent shows. A child can also participate in a radio activity.
Drama serials.
Anchor of a show or event.
Other artistic performances which the Central Government will permit in individual cases but these do not include street performances for monetary gains.

How does the government find out if adolescents are employed in a workplace, under the law on child labour?

The employer has a duty to maintain a register which must be made open for checking by the government inspector during office hours. The register should contain the following details of all adolescent employees:

name and date of birth
working hours and periods of work as well as the periods of rest
the type of work.