NATIONAL LEGAL RESEARCH DESK IS A SHAKTI VAHINI INITIATIVE
The Union Labour & Employment Minister Shri Mallikarjun Kharge has informed the Rajya Sabha that the Government of India has banned employment of children below 14 years for dhabas and domestic work. As per 2001 census, the total number of working children between the age group 5-14 years in the country was 1.26 crore out of which 12 lakh children were working in hazardous occupations and processes including domestic workers, Dhabas/Restaurants etc. However, as per NSSO survey 2009-10, the working children are estimated at 49.84 lakh which shows declining trend. The details of the industries where employment of children as per the Child Labour (Prohibition & Regulation) Act, 1986 is prohibited is at Annexure-I.
States/UT Governments are appropriate Government for implementation of the Child Labour(Prohibition & Regulation) Act, 1986 in the areas comes under their jurisdiction. Under Section 3 of the Child Labour (Prohibition & Regulation) Act, 1986, prohibits the employment of children below the age of 14 years in 18 Occupations and 65 Processes. Any person who employs a child in any occupation or process where employment of children is prohibited under the Child Labour (Prohibition & Regulation) Act, is liable for punishment with imprisonment for term which shall not be less than 3 months but which may extend to one year or with fine ranging from Rs.10,000/- to Rs.20,000/-.
List of Occupations & Processes prohibited under the Act.
Occupations (Non Industrial Activity)
Any occupation concerned with: –
(1) Transport of passengers, goods or mails by railways;
(2) Cinder picking, clearing of an ash pit or building operation in the railway premises;
(3) Work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from the one platform to another or in to or out of a moving train;
(4) Work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines;
(5) A port authority within the limits of any port;
(6) Work relating to selling of crackers and fireworks in shops with temporary licenses;
(7) Abattoirs/Slaughter House;
(8) Automobile workshops and garages;
(10) Handling of toxic or inflammable substances or explosives;
(11) Handloom and power loom industry;
(12) Mines (underground and under water) and collieries;
(13) Plastic units and fibreglass workshops;
(14) Domestic workers or servants;
(15) Dhabas (roadside eateries), restaurants, hotels, motels, tea shops, resorts, spas or other recreational centers; and
(17) Caring of elephant.
(18) Working in the circus.
Processes (Industrial Activity)
(2) Carpet-weaving including preparatory and incidental process thereof”;
(3) Cement manufacture, including bagging of cement.
(4) Cloth printing, dyeing and weaving including processes preparatory and incidental thereto:
(5) Manufacture of matches, explosives and fire-works.
(6) Mica-cutting and splitting.
(7) Shellac manufacture.
(8) Soap manufacture.
(11) Building and construction industry including processing and polishing of granite stones”
(12) Manufacture of slate pencils (including packing).
(13) Manufacture of products from agate.
(14) Manufacturing processes using toxic metals and substances such as lead, mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos.
(15) “Hazardous processes” as defined in Sec. 2 (cb) and ‘dangerous operation’ as notice in rules made under section 87 of the Factories Act, 1948 (63 of 1948)
(16) Printing as defined in Section 2(k) (iv) of the Factories Act, 1948 (63 of 1948)
(17) Cashew and cashewnut descaling and processing.
(18) Soldering processes in electronic industries.
(19) Aggarbatti’ manufacturing.
(20) Automobile repairs and maintenance including processes incidental thereto namely, welding, lathe work, dent beating and painting.
(21) Brick kilns and Roof tiles units.
(22) Cotton ginning and processing and production of hosiery goods.
(23) Detergent manufacturing.
(24) Fabrication workshops (ferrous and non ferrous)
(25) Gem cutting and polishing.
(26) Handling of chromite and manganese ores.
(27) Jute textile manufacture and coir making.
(28) Lime Kilns and Manufacture of Lime.
(29) Lock Making.
(30) Manufacturing processes having exposure to lead such as primary and secondary smelting, welding and cutting of lead-painted metal constructions, welding of galvanized or zinc silicate, polyvinyl chloride, mixing (by hand) of crystal glass mass, sanding or scraping of lead paint, burning of lead in enamelling workshops, lead mining, plumbing, cable making, wiring patenting, lead casting, type founding in printing shops. Store typesetting, assembling of cars, shot making and lead glass blowing.
(31) Manufacture of cement pipes, cement products and other related work.
(32) Manufacture of glass, glass ware including bangles, florescent tubes, bulbs and other similar glass products.
(33) Manufacture of dyes and dye stuff.
(34) Manufacturing or handling of pesticides and insecticides.
(35) Manufacturing or processing and handling of corrosive and toxic substances, metal cleaning and photo engraving and soldering processes in electronic industry.
(36) Manufacturing of burning coal and coal briquettes.
(37) Manufacturing of sports goods involving exposure to synthetic materials, chemicals and leather.
(38) Moulding and processing of fiberglass and plastic.
(39) Oil expelling and refinery.
(40) Paper making.
(41) Potteries and ceramic industry.
(42) Polishing, moulding, cutting, welding and manufacturing of brass goods in all forms.
(43) Processes in agriculture where tractors, threshing and harvesting machines are used and chaff cutting.
(44) Saw mill – all processes.
(45) Sericulture processing.
(46) Skinning, dyeing and processes for manufacturing of leather and leather products.
(47) Stone breaking and stone crushing.
(48) Tobacco processing including manufacturing of tobacco, tobacco paste and handling of tobacco in any form.
(49) Tyre making, repairing, re-treading and graphite beneficiation.
(50) Utensils making, polishing and metal buffing.
(51) ‘Zari’ making (all processes)’.
(53) Graphite powdering and incidental processing;
(54) Grinding or glazing of metals;
(55) Diamond cutting and polishing;
(56) Extraction of slate from mines;
(57) Rag picking and scavenging;
(58) Processes involving exposure to excessive heat (e.g. working near furnace) and cold;
(59) Mechanised fishing;
(60) Food Processing;
(61) Beverage Industry;
(62) Timber handling and loading;
(63) Mechanical Lumbering;
(65) Processes involving exposure to free silica such as slate, pencil industry, stone grinding, slate stone mining, stone quarries, and agate industry.