Society Should Create Awareness against Child Labour
As per the new model bye-laws 2009,co-operative societies should create awareness against child labour, says, Advocate Rajan R Hiranandani. The bye-laws further state that the society shall be required to create awareness in the minds of all the members for eradication of child labour.
One of the changes incorporated in the new model bye-laws 2009 for co-operative societies is that the society has to display legal provisions against employing child labour for household and other work on the notice board of the society. The bye-laws further state that the society shall be required to create awareness in the minds of all the members for eradication of child labour. If any member is found to have employed child labour, the managing committee should immediately contact the office of the Labour Commissioner or the Police Station or the concerned voluntary organisation and shall inform the same in writing to the Labour Commissioner.
The Child Labour (Prohibition and Regulation) Act, 1986 was enacted to control exploitation of child labour. The Act was enacted to prohibit the engagement of children in certain employments and to regulate the conditions of work of children in certain other employments. Under the Act a “child” means a person who has not completed his 14th year of age. Under the provisions of the Act, no child shall be employed or permitted to work in any of the occupations set forth in the Schedule of the Act or in any workshop wherein any of the processes set forth in the Schedule of the Act is carried on.
Except a child may be engaged by a person who is carrying on any process with the aid of his family or in any school established by or receiving assistance or recognition from the Government. One of the occupations in which a child cannot be employed is “employment of children as domestic workers or servants”. This was inserted in the Act with effect from 10.10.2006. It is provided in the Act that whosoever employs any child or permits any child to work in contravention of the provisions of the Act shall be punished for a term which shall not be less than three months but which may extend to one year or with fine which shall not be less then Rs 10,000, but which may extend to rupees twenty thousand or with both.
It is further provided that whoever has been already convicted of an offence and commits a similar offence shall be punished with imprisonment for a term not less than six months but which may extend to two years. Any person, police officer or inspector may file a complaint of the commission of an offence under the Act in any Court of competent jurisdiction.
As per the Act, if there is any dispute between the concerned person and the inspector appointed under the Act as to the age of the child who is employed or is permitted to work, the question shall in the absence of certificate as to the age of the child granted by the prescribed medical authority, be referred by the inspector for the decision to the prescribed medical authority.
Every certificate as to the age of a child which has been granted by a prescribed medical authority shall for the purpose of this Act be a conclusive evidence as to the age of the child to whom it relates. The Schedule to the Act contains a list of occupations and processes in which children below the age of 14 years cannot be employed which includes employment of children as domestic workers or servants. The Act also regulates the working condition of children in employments which are permitted for children. The provision in the new byelaws relating to child labour is a positive step towards achieving the goals of the Child Labour (Prohibition and Regulation) Act, 1986.
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