Child Labour Act, National Action Plan for Children, Child Abduction Bill

Child Labour (Prohibition and Regulation) Amendment Act, 2016

In July 2016, the Parliament has passed the Child Labour (Prohibition and Regulation) Amendment Bill, 2016. This act amends the Child Labour (Prohibition and Regulation) Act, 1986 by widening its scope against child labour and provides for stricter punishments for violations. The 1986 act prohibits employment of children below 14 years in 83 hazardous occupations and processes.

• Ban on employment of children under 14 across all sectors (except audio-visual industry & assisting one’s family after school)
• Prohibits the employment of adolescents aged 14-18 years in hazardous occupations
• Introduces more stringent jail term and fines for offenders
• Brings down the list of hazardous occupations from the earlier 83 to just three – mining, inflammable substances, and hazardous processes – centre to decide which processes are hazardous
• Provision of creating Rehabilitation Fund

Pros

• aligned with the statutes of ILO
• complete ban on child labour under 14 can realize the goal of compulsory primary education under RTE, 2009
• takes into account the realities of family enterprises where children help their parents

Cons

• Allowed to work in audio-visual industry & assisting one’s family after school may lead to “victimization of children” in their poverty
• Definition of ‘family’ has not been defined – could lead to more children working in unregulated conditions.
• Even in family enterprises it is mostly against child’s will & amounts to almost slavery

100 Million for 100 Million – Campaign organized by Kailash Satyarthi Children’s Foundation aims to mobilise 100 million youth for 100 million underprivileged children across the world, to end child labour, child slavery, violence against children and promote the right of every child to be safe, free, and educated, over the next 5 years.

National Action Plan for Children, 2016

It aims to coordinate all stakeholders including GOI and civil society organizations to address child rights. NPAC will take SDGs in account and provide a roadmap to achieve them.

• universalizing the maternal and child healthcare
• pre-natal, pre-natal and post-natal care of mother and child
• universal immunization of new born
• universal and equitable access to Education for all children below six years of age
• affordable and accessible quality education up to the Secondary level for all
• strengthen legislative, administrative, & institutional redressal mechanisms for Child Protection at all level
• ensure children active participation in programmes & policies concerning them
• focus on emerging concerns for children such as online child abuse, children affected by disasters and climate change etc.

Draft Civil Aspects of International Child Abduction Bill, 2016

Will facilitate prompt return of any child under 16 who has been “wrongfully removed to or retained in other state which is not his/her habitual residence”

• Set up a Central Authority not below the rank of Joint Secretary to GOI
• Applications can be made to the Central Authority for assistance in securing the return of such child.
• Central authority would have the power to decide all the cases in this matter
• Central Authority shall while inquiring have all the powers of a civil court.
• Central Authority may apply to the High Court within whose territorial jurisdiction the child is physically present or was last known to be present for an order directing the return of such child.
• Central Authority shall submit an annual report to the Central Government through the Ministry of WCD.

The bill is a right step in direction towards ending the trauma for children facing this issue, but can be further improved on the lines of other countries like in US and Europe; inter-parental child abduction is a serious offence, where the accused parent can go to jail on charges of abduction.