Lexis Nexis’s The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (Bare Act) – 2025 Edition.

Lexis Nexis’s The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (Bare Act) – 2025 Edition.

Description:

The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, is an Indian law that prohibits the employment of children under 14 and regulates the working conditions of adolescents (ages 14–18). The Act was significantly amended in 2016 to increase penalties, clarify definitions, and provide stronger enforcement mechanisms.

Key provisions of the Act

Prohibition on child labour

• Complete ban: The Act completely prohibits the employment of children under 14 in any occupation or process.
• Exceptions: There are two exceptions to this ban:
  • Children can help in a family enterprise or in their family’s business, provided it is not a hazardous occupation and the work is done after school hours or during vacations.
  • Children can work as artists in the audio-visual entertainment industry (excluding circuses), so long as their health, safety, and education are not compromised.

Regulation of adolescent labour
The Act regulates the working conditions of adolescents (14 to 18 years old) in non-hazardous occupations, with the following rules:

• Hazardous occupations: Adolescents are prohibited from working in hazardous occupations and processes listed in the Act’s schedules.
• Working hours: An adolescent cannot work for more than 6 hours per day, including a rest interval of at least one hour.
• Night work and overtime: Working between 7 p.m. and 8 a.m. is prohibited, and overtime work is not permitted.
• Weekly holiday: A full-day holiday every week is mandatory.
• Double employment: Adolescents cannot be employed in more than one establishment on the same day.

Enforcement and penalties
The Act makes the contravention of its provisions a cognizable offense, which means a police officer can make an arrest without a warrant.

• Penalties for employers:
  • First offense: Imprisonment for 6 months to 2 years, or a fine of ₹20,000 to ₹50,000, or both.
  • Repeated offense: Imprisonment for 1 to 3 years.
• Penalties for parents/guardians:
  • First offense: No punishment.
  • Repeated offense: A fine of up to ₹10,000.
• Other violations: Violations of rules regarding working conditions for adolescents are punishable with simple imprisonment of up to one month or a fine of up to ₹10,000, or both.

Rehabilitation of rescued children
The Act mandates the establishment of a Child and Adolescent Labour Rehabilitation Fund in each district. When a child or adolescent is rescued, the government credits ₹15,000 to this fund for the individual. The amount, including interest, is paid to them when they turn 18 to support their education and welfare.

Importance of the 2016 amendment

The 2016 amendment was a crucial update that brought India’s laws into alignment with international standards, particularly the International Labour Organization (ILO) conventions. Before the amendment, children under 14 were only prohibited from working in a limited list of occupations. The 2016 changes expanded this ban to all forms of child labour, with the specified exceptions. It also explicitly created the legal category of “adolescents” and regulated their work, extending protection to a larger age group.

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