Introduction
The Child and Adolescent Labour Act aims to eliminate child labor in hazardous environments. It identifies specific jobs and industrial processes where employing children is strictly prohibited. By listing these in a dedicated Schedule, the law ensures clarity and strict enforcement. This provision helps protect children from physical harm, mental stress, and exploitation at an early age.
Ban on Employment of Children in Certain Jobs and Processes under Section 3
Section 3 clearly bans child labor in specific jobs and processes. No one can employ or allow a child to work in any occupation listed in Part A of the Schedule. Any person is prohibited from employing children in workshops that carry out processes listed in Part B of the Schedule. However, it allows exceptions if children help in family-run workshops alongside family members. It also doesn’t apply to any school that the Government runs, assists, or recognizes.
Part A of the Schedule lists hazardous occupations in which no child can be employed. These include:
Transport of passengers, goods, or mail by railways.
- Work in cinder picking, cleaning ash pits or handling inflammable substances.
- Construction work on railways.
- Work in slaughterhouses.
- Employment in automobile workshops or repair shops.
- Handling power-driven machinery.
Part B details hazardous processes where child labour is banned. These involve:
- Beedi-making.
- Carpet-weaving.
- Manufacturing of explosives and fireworks.
- Cement manufacturing (including bagging).
- Work in match factories.
- Soap manufacturing.
- Tanning and leather processing.
Landmark Case: Hemendra Bhai v. State of Chhattisgarh
In this important High Court decision, the court addressed a critical loophole in Section 3 concerning child labour.
A child was found rolling beedis at home. The employer (a beedi manufacturer) claimed the work was part of a family-run operation, thus, allegedly exempt under Section 3. The court disagreed. It emphasized that providing raw material and instructing the child to work takes control beyond mere family aid. It upheld that such employment violated Section 3 and ordered the beedi company to deposit ₹20,000 per child. The firm also had to ensure educational support. This case confirms that family-based work is not a blanket exception. Employers cannot hide behind the “family aid” defence if they direct or benefit from a child’s labour.
Recent investigations show that child labour remains a serious issue in India:
In June 2024, police uncovered nearly 60 children, many with chemical burns, working in a distillery in Madhya Pradesh. This violates Section 3, as distillery processes fall under Part B (hazardous processes).
Conclusion
This section plays a crucial role in safeguarding children’s rights. It bans their employment in dangerous occupations and ensures they remain in safe, family-based or educational settings. The law takes a firm step toward building a child-friendly society where education, not labor, shapes a child’s future.
