Introduction
Indian law strictly bans child labour under Section 3 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986. It prohibits children below 14 years from working in any occupation or process. However, the proviso to Section 3 outlines limited exceptions. These apply only under specific conditions to ensure the child’s safety and education.
Helping in Family or Family Enterprises
Children may help in family or family-run enterprises under certain rules. The work must not involve any hazardous occupation or process listed in the Act. They can work only after school hours or during vacations. The family enterprise must be run by parents, siblings, or close relatives like uncles and aunts.
The work must not interfere with the child’s school attendance, homework, or extracurricular activities. Children are not allowed to work between 7 PM and 8 AM.
The total working time cannot exceed three hours per day, excluding rest breaks. Children must not be used as substitutes for adult or adolescent workers. They also must not take part in any production or supply activity that generates income for the family or enterprise.
Working as Artists in Entertainment
The law allows children to work as artists in the entertainment industry. This includes films, television serials, advertisements, and sports events. However, this permission excludes circus performances. The child’s work must not affect their school education in any way. Such work is permitted only under conditions and safety measures prescribed by law.
Legal Clarifications on Child Labour Exceptions
Courts have made it clear that these exceptions cannot be misused. If an employer benefits commercially by using a child under the guise of family help, it counts as a violation. Also, the law does not punish parents or guardians for the first offence unless they knowingly make the child work for profit in restricted conditions.
Legal Conditions for Family Enterprise Work
Several conditions must be followed for children to legally work in family enterprises. The work must not be hazardous. It should be done only after school or during holidays. The child’s education must remain unaffected. The family enterprise must be operated by close relatives only.
Children are not allowed to work between 7 PM and 8 AM. The work duration cannot exceed three hours a day, not counting rest breaks. They must not act as substitutes for adults or adolescents. Lastly, they must not engage in any activity that earns money for themselves or the family.
M.C. Mehta v. State of Tamil Nadu (1996)
In the landmark case M.C. Mehta v. State of Tamil Nadu (1996), the Supreme Court of India addressed the implementation of the Child Labour (Prohibition and Regulation) Act, 1986. The Court emphasized the need to strictly enforce the ban on child labour and ensure that exceptions under Section 3 are not misused. It directed that children should not be employed in hazardous occupations and that any engagement under the family enterprise exception must not interfere with their education or well-being. The Court also mandated the creation of a Child Labour Rehabilitation Welfare Fund, where employers found violating the law must deposit a fine of ₹20,000 per child. This case reaffirmed the principle that economic necessity cannot justify the exploitation of children and clarified that the legal exceptions under Section 3 must be interpreted narrowly to protect child rights.
Conclusion
Child labour is mostly banned under Indian law, but limited exceptions exist. These include helping with family-run work or participating in entertainment roles. However, these exceptions are heavily regulated. They aim to protect children’s rights and ensure their education and well-being remain the priority. Misuse of these provisions can lead to legal consequences.
