A probe has been launched in Almora regarding the hiring of a minor as a fire watcher by the forest department, following the tragic deaths of four personnel in the Binsar wildfire. Karan Arya, initially believed to be 21 years old, was found to be just over 16 years old based on his Aadhaar card.
This revelation has sparked concerns about the legality of employing minors in hazardous occupations, a violation under the Child Labour (Prohibition and Regulation) Amendment Bill 2012.
The forest department has been issued a notice regarding this serious breach, with further actions pending investigation.
This is Carelessness on the side of Forest Department.
Dhruv Singh Martolia, In-charge Divisional Forest Officer, Civil Soyam Forest Division, Almora has been suspended with immediate effect, given the forest fire in Binsar Wildlife Sanctuary: Uttarakhand Government (ANI)
The Law
The Child Labour (Prohibition and Regulation) Amendment Act, 2016, brought several significant changes to the original Child Labour (Prohibition and Regulation) Act, 1986.
Here are some of the key amendments:
1. Prohibition on Employment:
- The amendment prohibits the employment of children (defined as those under 14 years) in all occupations.
- It also prohibits the employment of adolescents (those between 14 and 18 years) in hazardous occupations and processes.
2. Definitions:
- The term "child" is defined as a person who has not completed 14 years of age or as specified by the Right of Children to Free and Compulsory Education Act, 2009, whichever is more.
- The term "adolescent" refers to a person who has completed 14 years of age but not 18 years.
3. Exceptions:
- Children are allowed to help in family enterprises, which are non-hazardous, after school hours or during vacations.
- Children can work as artists in the audio-visual entertainment industry, including advertisements, films, TV serials, or any such other entertainment or sports activities, subject to certain conditions and safety measures.
4. Punishments:
- Employing a child in violation of the Act is punishable with imprisonment from six months to two years or a fine ranging from twenty thousand to fifty thousand rupees, or both.
- For employing an adolescent in hazardous occupations, the punishment is similar.
- Repeat offenders face stricter punishments.
- Parents or guardians are exempt from punishment unless they permit child labor for commercial purposes.
5. Rehabilitation Fund:
- A Child and Adolescent Labour Rehabilitation Fund is to be established in each district. Fines collected from employers are credited to this fund to aid in the rehabilitation of rescued children and adolescents.
6. Inspection and Monitoring :
- The Act mandates periodic inspections of places where the employment of children is prohibited and where hazardous occupations are carried out.
- District Magistrates are empowered to ensure the proper implementation of the Act.
These changes aim to strengthen the prohibition on child labor and ensure better protection and welfare of children and adolescents
Addressing the Challenge of Child Labour in India: Legislative and Policy Measures
The issue of child labor remains a significant challenge for the nation. Despite various proactive measures by the government, the problem persists due to its deep socio-economic roots tied to poverty and illiteracy. Addressing it requires collaborative efforts from all societal sectors.
According to the 2001 Census, there were 12.6 million working children aged 5-14 out of a total child population of 252 million. A 2004-05 survey by the National Sample Survey Organisation (NSSO) estimated this number at 9.075 million. By the 2011 Census, the number of working children in this age group had further declined to 4.353 million, indicating the effectiveness of government efforts.
In 1979, the government established the Gurupadswamy Committee to examine child labor and propose solutions. The committee concluded that eliminating child labor would be challenging as long as poverty existed, making a legal ban impractical. It recommended prohibiting child labor in hazardous areas and improving working conditions elsewhere through a multi-faceted policy approach.
Following these recommendations, the Child Labour (Prohibition & Regulation) Act was enacted in 1986, banning child labor in specified hazardous occupations and regulating working conditions in others.
The list of hazardous occupations has since been expanded based on the Child Labour Technical Advisory Committee's recommendations. In 2016, the Act was amended to prohibit employment of children under 14 in all occupations and to restrict adolescents (14-18 years) from hazardous work.
The 1987 National Policy on Child Labour adopts a gradual and sequential approach, emphasizing the rehabilitation of children and adolescents. The policy's action plan includes:
- Strict enforcement of the Child & Adolescent Labour (Prohibition & Regulation) Act, 1986.
- Project-based interventions in areas with high child labor concentrations, such as the National Child Labour Project (NCLP) Schemes.
- General development programs to benefit the families of working children.
The government has been actively enforcing legislative measures and implementing rehabilitative initiatives. State governments, as key implementers, conduct regular inspections and raids to identify violations. Recognizing that poverty is the root cause, the government emphasizes rehabilitating child laborers and improving the economic conditions of their families.
2.Ministry Of labour
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