Child and Adolescent Labour (Prohibition and Regulation) Act, 1986

Last updated

Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
Emblem of India.svg
Parliament of India
Enacted by Parliament of India
Status: In force

The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 [1] [2] is a Law enacted on 23 December 1986 by the Parliament of India and Ministry of Labour and Employment. The Act prohibits private, government or semi-government companies, organizations, civil departments or child's family from employing a Child or Adolescent in any occupation or process, intended to aid his family or guardian. [3] Any occupier or employer caught doing such thing in which a child is being used as a Laborer, is regarded a serious offensive crime. [4]

Contents

Amendments

Child Labour (Prohibition and Regulation) Amendment Bill 2016 was passed by Rajya Sabha on 20 July 2016. [5] as per the Child labour act a child is defined as any person below the age of 14, prohibits employment of a child in any employment including as domestic help (exception to family owned business and child actor). [6]

Related Research Articles

Labour laws, labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union.

<i>Canada Labour Code</i> Canadian employment legislation

The Canada Labour Code is an Act of the Parliament of Canada to consolidate certain statutes respecting labour. The objective of the Code is to facilitate production by controlling strikes & lockouts, occupational safety and health, and some employment standards.

<span class="mw-page-title-main">Attlee ministry</span> UK government, 1945–1951

Clement Attlee was invited by King George VI to form the Attlee ministry in the United Kingdom in July 1945, succeeding Winston Churchill as Prime Minister of the United Kingdom. The Labour Party had won a landslide victory at the 1945 general election, and went on to enact policies of what became known as the post-war consensus, including the establishment of the welfare state and the nationalisation of some industries. The government's spell in office was marked by post-war austerity measures, the violent crushing of pro-independence and communist movements in Malaya, the grant of independence to India, the engagement in the Cold War against Soviet Communism as well as the creation of the country's National Health Service (NHS).

The legal age of consent for sexual activity varies by jurisdiction across Asia. The specific activity engaged in or the gender of participants can also be relevant factors. Below is a discussion of the various laws dealing with this subject. The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age. Other variables, such as homosexual relations or close in age exceptions, may exist, and are noted when relevant.

<span class="mw-page-title-main">Legal working age</span> Minimum age required by law for a minor to work

The legal working age is the minimum age required by law in each country or jurisdiction for a young person who has not yet reached the age of majority to be allowed to work. Activities that are dangerous, harmful to the health or that may affect the morals or well-being of minors fall into this category.

The Fundamental Rights in India enshrined in part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These rights are known as "fundamental" as they are the most essential for all-round development i.e., material, intellectual, moral and spiritual and protected by fundamental law of the land i.e. constitution. If the rights provided by Constitution especially the Fundamental rights are violated the Supreme Court and the High Courts can issue writs under Articles 32 and 226 of the Constitution, respectively, directing the State Machinery for enforcement of the fundamental rights.

Employment discrimination law in the United States derives from the common law, and is codified in numerous state, federal, and local laws. These laws prohibit discrimination based on certain characteristics or "protected categories". The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. State laws often extend protection to additional categories or employers.

The Tenth Amendment of the Constitution Bill 1986 was a proposed amendment to the Constitution of Ireland to remove the prohibition on divorce. The proposal was rejected in a referendum on 26 June 1986. It was the first of two referendums held in Ireland on the question of divorce; the Fifteenth Amendment in 1995 allowed for divorce under specified conditions.

Labour in India refers to employment in the economy of India. In 2020, there were around 476.67 million workers in India, the second largest after China. Out of which, agriculture industry consist of 41.19%, industry sector consist of 26.18% and service sector consist 32.33% of total labour force. Of these over 94 percent work in unincorporated, unorganised enterprises ranging from pushcart vendors to home-based diamond and gem polishing operations. The organised sector includes workers employed by the government, state-owned enterprises and private sector enterprises. In 2008, the organised sector employed 27.5 million workers, of which 17.3 million worked for government or government owned entities.

Laws regarding incest vary considerably between jurisdictions, and depend on the type of sexual activity and the nature of the family relationship of the parties involved, as well as the age and sex of the parties. Besides legal prohibitions, at least some forms of incest are also socially taboo or frowned upon in most cultures around the world.

<span class="mw-page-title-main">Fair Labor Standards Act of 1938</span> United States wage law

The Fair Labor Standards Act of 1938 29 U.S.C. § 203 (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week. It also prohibits employment of minors in "oppressive child labor". It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce, unless the employer can claim an exemption from coverage. The Act was enacted by the 75th Congress and signed into law by President Franklin D. Roosevelt in 1938.

<span class="mw-page-title-main">History of labour law</span>

The history of labour law concerns the development of labour law as a way of regulating and improving the life of people at work. In the civilisations of antiquity, the use of slave labour was widespread. Some of the maladies associated with unregulated labour were identified by Pliny as "diseases of slaves."

<span class="mw-page-title-main">School corporal punishment</span> Form of punishment

School corporal punishment is the deliberate infliction of physical pain as a response to undesired behavior by students. The term corporal punishment derives from the Latin word for the "body", corpus. In schools it may involve striking the student on the buttocks or on the palms of their hands with an implement such as a rattan cane, wooden paddle, slipper, leather strap or wooden yardstick. Less commonly, it could also include spanking or smacking the student with an open hand, especially at the kindergarten, primary school, or other more junior levels.

<span class="mw-page-title-main">Indian labour law</span> Laws regulating labour in India

Indian labour law refers to law regulating labour in India. Traditionally, the Indian government at the federal and state levels has sought to ensure a high degree of protection for workers, but in practice, this differs due to the form of government and because labour is a subject in the concurrent list of the Indian Constitution. The Minimum Wages Act 1948 requires companies to pay the minimum wage set by the government alongside limiting working weeks to 40 hours. Overtime is strongly discouraged with the premium on overtime being 100% of the total wage. The Payment of Wages Act 1936 mandates the payment of wages on time on the last working day of every month via bank transfer or postal service. The Factories Act 1948 and the Shops and Establishment Act 1960 mandate 15 working days of fully paid vacation leave and 7 casual leaves each year to each employee, with an additional 7 fully paid sick days. The Maternity Benefit (Amendment) Act, 2017 gives female employees of every company the right to take 6 months' worth of fully paid maternity leave. It also provides for 6 weeks worth of paid leaves in case of miscarriage or medical termination of pregnancy. The Employees' Provident Fund Organisation and the Employees' State Insurance, governed by statutory acts provide workers with necessary social security for retirement benefits and medical and unemployment benefits respectively. Workers entitled to be covered under the Employees' State Insurance are also entitled to 90 days worth of paid medical leaves. A contract of employment can always provide for more rights than the statutory minimum set rights. The Indian parliament passed four labour codes in the 2019 and 2020 sessions. These four codes will consolidate 44 existing labour laws. They are: The Industrial Relations Code 2020, The Code on Social Security 2020, The Occupational Safety, Health and Working Conditions Code, 2020 and The Code on Wages 2019.

<span class="mw-page-title-main">LGBT rights in Seychelles</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Seychelles face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal since 2016, and employment discrimination on the basis of sexual orientation is banned in Seychelles, making it one of the few African countries to have such protections for LGBT people. However, LGBT people may nonetheless face stigmatization among the broader population.

Feminism has played a major role in shaping the legal and social position of women in present-day Ireland. The role of women has been influenced by numerous legal changes in the second part of the 20th century, especially in the 1970s.

<span class="mw-page-title-main">Child labour in India</span> Child labour

A significant proportion of children in India are engaged in child labour. In 2011, the national census of India found that the total number of child labourers, aged [5–14], to be at 10.12 million, out of the total of 259.64 million children in that age group. The child labour problem is not unique to India; worldwide, about 217 million children work, many full-time.

The legality of corporal punishment of children varies by country. Corporal punishment of minor children by parents or adult guardians, which is intended to cause physical pain, has been traditionally legal in nearly all countries unless explicitly outlawed. According to a 2014 estimate by Human Rights Watch, "Ninety percent of the world's children live in countries where corporal punishment and other physical violence against children is still legal". Many countries' laws provide for a defence of "reasonable chastisement" against charges of assault and other crimes for parents using corporal punishment. This defence is ultimately derived from English law. As of 2024, only three of seven G7 members including seven of the 20 G20 member states have banned the use of corporal punishment against children.

<span class="mw-page-title-main">Youth in India</span> Overview of the youths in India

India is the most populated country in the world with nearly a fifth of the world's population. According to the 2022 revision of the World Population Prospects the population stood at 1,407,563,842.

References

  1. "Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, minister of labor and employment" (PDF).
  2. "Code Detail". 23 December 1986.
  3. "Code Details". 23 December 1986.
  4. "Dehradun: Six child labourers rescued". The Times of India . 14 February 2020.
  5. "Amendments to Act will totally prohibit child labour: Dattatreya", The Hindu , 24 July 2016
  6. "the Child Labour (Prohibition and Regulation) Act, 1986".