Elimination of child labour a distant goal
- December 21, 2023
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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Elimination of child labour a distant goal
Subject: Polity
Section: Legislation in news
Context: Parliamentary panel suggested country needs uniform definition of ‘child’ to eliminate child labour.
More about the news:
- The parliamentary panel on Labour, Textiles, and Skill Development has emphasized the need for a uniform definition of ‘child’ across various laws to effectively implement the policy aimed at eliminating child labor by 2025.
- The panel found ambiguity in the definition of ‘child’ under different legislations and highlighted discrepancies in age criteria and offenses related to child labor.
- According to the 52nd report of the Parliamentary Standing Committee, there is ambiguity in the definition of ‘child’ under different legislations, such as the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, the Right of Children to Free and Compulsory Education Act, 2009, the Minimum Wages Act, 1948, and the Juvenile Justice (Care and Protection of Children) Act, 2015.
- The committee also notes that the employment of children in violation of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, is a cognizable offense, while under the Juvenile Justice Act, 2015, it is a non-cognizable offense. The panel suggests addressing these differences in the criteria for determining the age of a child and the classification of offenses to avoid ambiguity.
- Furthermore, the panel recommends that hazardous occupations and processes should not be included in the positive list of activities where adolescents can work.
- It emphasizes the need for strict punishment, such as cancellation of licenses and property attachment, in addition to increasing fines to achieve zero tolerance for child labor.
- Regarding the utilization of fines collected for child labor offenses, the panel urges the Ministry of Labour & Employment to formulate guidelines and increase the fine amount, considering inflation. It recommends creating a district-level fund for child laborers and suggests using the fund for the rehabilitation of trafficked and migrant child laborers repatriated from other states.
- The committee also proposes holding principal employers and traffickers accountable for the deployment of child labor. It calls for amendments in the relevant acts to ensure zero tolerance for child labor and recommends a comprehensive Standard Operating Procedure (SOP) for the functions of district project societies (DPS).
- Additionally, the panel suggests incorporating provisions in the Child and Adolescent Labour (Prohibition and Regulation) Act similar to those in the Protection of Children from Sexual Offences Act, 2012, for action against police for not registering FIRs. It advocates assigning the responsibility of reporting children selling goods or begging at traffic lights to traffic police and making them accountable for not reporting such instances.
- The committee desires the establishment of a National Level Child Tracking Mechanism to facilitate coordination among states and the Centre for monitoring and reporting at the district level. It emphasizes the importance of preventing, tracing, tracking, rescuing, rehabilitating, and reintegrating rescued children and recommends the development of a detailed SOP in consultation with all stakeholders.
What is a Parliamentary Committee:
- A Parliamentary committee consists of Members of Parliament who are either elected or appointed from the members of the house, or nominated by the Speaker or Chairman.
- The concept of Parliamentary committees originated in the British Parliament and has been adopted in India.
- These committees operate under the guidance of the Speaker of Lok Sabha or the Chairman of Rajya Sabha, presenting their findings and recommendations to the respective houses.
- The authority of Parliamentary committees is derived from the constitution.
- Article 105 outlines the powers, privileges, etc., of the houses of Parliament and of the members and committees thereof.
- Article 118 states that each House of Parliament may establish rules for regulations, subject to the provisions of the constitution, governing its procedure and the conduct of its business.