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Child Labour (Prohibition and Regulation) Amendment Rules, 2017 - Social Justice Notes

Child Labour Prohibition and Regulation Amendment Rules 2017, is to spread awareness on prohibition of employment of child and adolescents. The Rules establish a wide and specific framework for child and adolescent worker prevention, prohibition, rescue, and rehabilitation. It also addresses concerns with family assistance and family businesses, as well as the concept of family in relation to children; specific measures have been integrated into the rules. The rules include precise clauses outlining the roles and obligations of law enforcement authorities.

This article explains the Child Labour Prohibition and Regulation Amendment Rules 2017 is important for UPSC IAS exam preparation.

Child Labour Prohibition and Regulation Amendment Rules 2017

  • The Government of India revised the Child Labour (Prohibition and Regulation) Central Rules, 1986 in 2017 after consulting with stakeholders.
  • Broad guidelines for the prevention, protection, prohibition, rescue, and rehabilitation of child and teenage workers were established.
  • These protections are available to people who have been granted authorisation to work under the terms of this legislation.
  • It also defines family in relation to the child. It establishes the duties and obligations of enforcement authorities to ensure that all work is carried out in accordance with the terms of this act.
Other Relevant Links
Constitutional Provisions for Children Institutions and bodies for Protection of children
Juvenile Justice (Amendment) Act, 2015 Constitutional provisions for Women in India
Issues faced by Scheduled Castes Institutions and Bodies related to Women
Institutions and Bodies related to Scheduled Castes Laws Related To Scheduled Caste
Institutions and Bodies for Scheduled Tribes Schemes for Minorities
Laws Related to Differently abled Challenges faced by Scheduled Tribes

Child Labour in India

  • Child labour is a practise in which children are compelled to engage or are engaged in any type of economically advantageous work on a part-time or full-time basis.
  • Children that participate in this are typically deprived of essential childhood experiences such as schooling and are physically and psychologically damaged.
  • Poverty, a lack of adequate schooling and education, and the expansion of the informal sector are the key causes of child labour.
  • According to the Child Labour (Prohibition and Regulation) Act of 1986, children under the age of 14 are absolutely forbidden from working in dangerous jobs. The act itself creates a list of dangerous jobs.

Child Labour Prohibition and Regulation Amendment Rules 2017 - Provisions

  • A wide and specialised framework for child and adolescent worker prevention, prohibition, rescue, and rehabilitation.
  • Clarity on concerns concerning family businesses.
  • Working hours and working conditions are protected for creative workers or artists who have been allowed to work under the Act.
  • A set of precise tasks and obligations for law enforcement authorities in order to guarantee the Act's proper implementation and compliance.

Child Labour (Prohibition and Regulation) Amendment Act, 2016

The act in the 2016 amendment to the Constitution is as follows:

  • "An Act to ban the involvement of children in all activities and to prohibit the participation of teenagers in hazardous occupations and processes, and things associated with or ancillary thereto."
  • The Government of India will impose harsher penalties on employers that violate the Act as a result of this change to the Act.
  • It will also make any employer that employs a kid or teenager in violation of the Act liable.
  • The Act also permits the government to prohibit the employment of juveniles who labour in dangerous conditions.

Conclusion

Child labour is a practise in which children are forced to engage in or are involved in any form of economically advantageous employment, whether part-time or full-time. The purpose of the Child Labour Illegality and Regulation Amendment Rules 2017 is to raise awareness about the prohibition of employing children and adolescents. After engaging with stakeholders, the Government of India updated the Child Labour (Prohibition and Regulation) Central Rules, 1986 in 2017. There were broad rules created for the prevention, protection, prohibition, rescue, and rehabilitation of child and adolescent workers.

Other Relevant Links
Scheduled Castes Other Backward Classes
LGBTQ Community Critical Analysis on Child Rights in India
Scheduled Castes Important Court Judgements related to LGBTQ Community
Issues faced by Scheduled Castes Schemes for Minorities
Issues Relating to Development & Management of Social Sector/Services Issues Relating to Poverty & Hunger

FAQs

Question. What is the Child Labour (Prohibition and Regulation) Amendment Rules, 2017?

Answer: The Child Labour (Prohibition and Regulation) Amendment Rules, 2017, are regulations introduced to strengthen the legal framework around child labour prevention. They focus on the prohibition, rescue, and rehabilitation of child and adolescent workers, ensuring that children are not employed in hazardous occupations.

Question. What are the key provisions of the Amendment Rules?

Answer: The rules provide guidelines for the prevention of child and adolescent labour, emphasize the protection and rehabilitation of rescued children, and include specific roles for law enforcement agencies. They also address family businesses and clarify the concept of 'family' in relation to children.

Question. How do the rules address family businesses?

Answer: The amendment rules clarify that family businesses should not exploit children and adolescents, setting limits on the types of work children can do within family-owned enterprises. However, work in family businesses that doesn't affect the child's health or education is permitted under specific conditions.

Question. What is the role of law enforcement in the implementation of the rules?

Answer: Law enforcement agencies are responsible for ensuring that the Child Labour Act is followed, conducting rescues, and facilitating the rehabilitation of children found in child labour situations. The Amendment Rules clearly outline the obligations of enforcement authorities to ensure compliance.

Question. Why was the Child Labour (Prohibition and Regulation) Amendment Rules, 2017, introduced?

Answer: The amendment was introduced to strengthen the existing laws on child labour and address the changing socio-economic conditions. It aims to provide better protection, rehabilitation, and education opportunities for children and adolescents involved in labour.

MCQs

  1. What is the primary objective of the Child Labour (Prohibition and Regulation) Amendment Rules, 2017?

A) To allow children to work under certain conditions

B) To prohibit child labour in all sectors

C) To regulate the employment of children in family businesses

D) To enhance educational opportunities for children

Answer: (B) See the Explanation

The primary objective is to prohibit child labour and regulate employment to ensure children are not involved in hazardous work.

  1. Which of the following does the Child Labour (Prohibition and Regulation) Amendment Rules, 2017 address?

A) The establishment of new child labour laws

B) The rehabilitation of child and adolescent workers

C) The creation of new job opportunities for children

D) The reduction of child education opportunities

Answer: (B) See the Explanation

The amendment focuses on rehabilitation, protection, and the education of children and adolescents removed from child labour.

  1. What clarification did the Amendment Rules make regarding family businesses?

A) Children can work unlimited hours in family businesses

B) Children are prohibited from working in family businesses altogether

C) Certain conditions allow children to work in family businesses

D) Family businesses are exempt from child labour laws

Answer: (C) See the Explanation

Children can work in family businesses under conditions that ensure their health and education are not compromised.

  1. Which group is specifically targeted by the Child Labour (Prohibition and Regulation) Amendment Rules, 2017 for protection?

A) Only children below 10 years

B) Children and adolescents

C) Only adolescent workers

D) Only children working in hazardous industries

Answer: (B) See the Explanation

The amendment rules focus on the protection of both children and adolescents, aiming to prohibit their engagement in exploitative work.

  1. Which of the following is a key role for law enforcement agencies under the Child Labour (Prohibition and Regulation) Amendment Rules, 2017?

A) Providing employment to children

B) Monitoring child education programs

C) Ensuring compliance with child labour laws and facilitating rescues

D) Promoting family business operations

Answer: (C) See the Explanation

Law enforcement agencies play a crucial role in ensuring that child labour laws are followed, rescuing children from exploitative situations, and supporting their rehabilitation.

GS Mains Questions and Model Answers

Q1: Evaluate the significance of the Child Labour (Prohibition and Regulation) Amendment Rules, 2017, in addressing child labour in India.

Answer: The Child Labour (Prohibition and Regulation) Amendment Rules, 2017, are a vital step in strengthening the legal framework to combat child labour in India. These rules provide a more comprehensive and specialized approach to preventing, rescuing, and rehabilitating child and adolescent workers. By focusing on family businesses and the definition of a child in relation to work, the rules ensure that even non-formal sectors do not exploit children. The rules also emphasize the role of law enforcement and the rehabilitation of children, ensuring they receive education and care. The amendment helps align India’s child labour laws with international standards and highlights the commitment to safeguarding children's rights, promoting their development, and curbing exploitative practices.

Q2: Discuss the challenges in implementing the Child Labour (Prohibition and Regulation) Amendment Rules, 2017.

Answer: Despite the positive intentions of the Child Labour (Prohibition and Regulation) Amendment Rules, 2017, challenges in implementation persist. One significant issue is the enforcement of laws in the informal sector, where child labour is most prevalent. Limited resources, lack of awareness, and inadequate monitoring mechanisms often hinder effective enforcement. Furthermore, economic factors such as poverty and lack of access to education continue to drive families to involve their children in work. In rural and underdeveloped areas, the concept of family businesses remains complex, and distinguishing between permissible and exploitative work can be difficult. Finally, addressing societal attitudes toward child labour and ensuring the rehabilitation and education of rescued children poses an ongoing challenge.

Q3: Analyze the role of public awareness and community participation in reducing child labour, as outlined by the 2017 Amendment.

Answer: Public awareness and community participation are crucial in the successful implementation of the Child Labour (Prohibition and Regulation) Amendment Rules, 2017. Awareness campaigns can educate communities about the harmful effects of child labour and the importance of education. Empowering communities to report child labour cases and ensuring active involvement in the rehabilitation of children rescued from labour are essential steps in curbing the practice. The amendment highlights the importance of public awareness in creating a zero-tolerance environment for child labour. Moreover, fostering collaboration between NGOs, government agencies, and local communities can lead to more effective monitoring and protection of children, providing long-term solutions to the issue.

Previous Year Questions on Child Labour 

1. UPSC CSE 2016

Question: "Discuss the key provisions of the Child Labour (Prohibition and Regulation) Amendment Act, 2016, and its impact on the fight against child labour in India."

Answer: The Child Labour (Prohibition and Regulation) Amendment Act, 2016, strengthens the legal framework to combat child labour by banning the employment of children below the age of 14 in all occupations and processes. It also prohibits adolescents under 18 from working in hazardous occupations. The act introduces harsher penalties for violators, improves the rehabilitation process for rescued children, and emphasizes the role of law enforcement in ensuring compliance. It aims to create a safer environment for children, ensuring that they are given the opportunity for education and a healthy childhood.

2. UPSC CSE 2019

Question: "Evaluate the role of legal frameworks like the Child Labour (Prohibition and Regulation) Amendment Rules, 2017, in improving the socio-economic conditions of children in India."

Answer: Legal frameworks like the Child Labour (Prohibition and Regulation) Amendment Rules, 2017, play a critical role in improving the socio-economic conditions of children in India by regulating and prohibiting their engagement in harmful work. These rules not only prevent exploitation but also offer a rehabilitation framework, providing children with educational opportunities and social security. By targeting family businesses and clarifying the legal responsibilities of employers, the amendment strives to reduce child labour in both formal and informal sectors. However, its success hinges on effective enforcement, public awareness, and addressing the root causes such as poverty and lack of access to education.

*The article might have information for the previous academic years, please refer the official website of the exam.
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