SCR_Labour.pdf
Tanvi Vipra
tanvi@prsindia.org December 29, 2023
PRS Legislative Research ◼ Institute for Policy Research Studies
3
rd Floor, Gandharva Mahavidyalaya ◼ 212, Deen Dayal Upadhyaya Marg ◼ New Delhi – 110002
Tel: (011) 23234801, 43434035 ◼ www.prsindia.org
Standing Committee Report Summary
National Policy on Child Labour – An Assessment
▪ The Standing Committee on Labour, Textiles and Skill
Development (Chair: Mr. Bhartruhari Mahtab)
presented its report on ‘National Policy on Child
Labour – An Assessment’ on December 20, 2023.
The Committee has made several recommendations to
Ministries that are directly and indirectly involved in
eliminating child labour. Key observations and
recommendations include:
▪ Prevalence of child labour: As per the 2011 Census,
which is the latest available data, there are about one
crore working children in the age bracket of 5-15
years. The Committee suggested that various
Ministries coordinate to conduct periodic surveys to
estimate the number of child labourers. Children
typically work in the unorganised sector, in industries
such as garages, brick kilns, and construction sites.
Some establishments outsource manual work to
contractors. In case the contractors hire child labour,
the principal employer is not held accountable. The
Committee suggested that the principal employer be
held responsible in such cases.
▪ Preventing instances of child labour: The
Committee highlighted that the Social Justice Ministry
must play a more significant role in eliminating child
labour. It noted that economic upliftment will
ultimately prevent children from being engaged in
labour. The Committee has made several
recommendations to strengthen existing schemes of
the Ministry. The recommendations include providing
free competitive exam coaching to marginalised
children and rehabilitating individuals with substance
abuse issues.
▪ It also recommended that the Housing Ministry ensure
that existing legal benefits reach construction workers
so that their children are not forced to work. The
Committee also recommended that the Labour and
Home Affairs Ministries check the functioning of
placement agencies, which typically traffick children
to employ them in domestic labour.
▪ Rescuing child labourers: In the past five years,
about two lakh children engaged in child labour have
been rescued. The Committee observed that, in
comparison, very few FIRs were registered, and very
few children were produced before Child Welfare
Committees (a requirement under the Juvenile Justice
Act, 2015). It suggested penalising police officers for
not registering FIRs, similar to the Protection of
Children from Sexual Offences Act, 2012.
▪ Rehabilitation includes conducting special training
programs to prepare children for mainstream
education. Permission to open new training centres
has not been granted since the merger of the National
Child Labour Project with Samagra Shiksha Abhiyan
in 2021. The Committee recommended that: (i) the
Labour Ministry and the Department of School
Education and Learning (DoSEL) coordinate to
continue these training programs and (ii) DoSEL
increase the capacity of training centres.
▪ The Committee also observed that: (i) annual financial
assistance of Rs 6,000 per child has not increased in
the past 14 years, and (ii) the number of
anganwadis/shelters is inadequate. It recommended
increasing the financial assistance in line with
inflation, and the number of shelters and anganwadis,
as per requirements.
▪ Reducing dropout rates among adolescents: The
proportion of students who drop out of school is
higher at the secondary/senior-secondary level than at
the elementary level. The Committee recommended
that: (i) adolescents be covered under the RTE Act,
2009 to provide them with free and compulsory
education, and (ii) hot cooked meals be provided to
secondary and senior secondary level students. It also
suggested that the Ministry of Tribal Affairs
coordinate with DoSEL to address the high dropout
rates among tribal students.
▪ Utilisation of funds: The Supreme Court (1996)
mandated a rehabilitation fund for child labourers. So
far, guidelines have not been issued for utilising the
Fund. The Committee recommended that: (i)
guidelines be formulated, (ii) the amount of
contribution for other such Funds be increased as per
inflation, and (iii) a district corpus fund be created.
The district fund will meet the immediate relief needs
and rehabilitation needs.
▪ Stricter punishments in certain instances: The
Committee observed that despite penalty revisions,
children continue to be employed in domestic work,
roadside eateries, and garages. It suggested that the
Child and Adolescent Labour (Prohibition and
Regulation) Act, 1986 be amended to add stricter
punishments such as cancellation of licence or
attachment of property.
DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or redistribute this report for
non-commercial purposes in part or in full to any other person with due acknowledgement of PRS Legislative Research (“PRS”). The
opinions expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and comprehensive information, but
PRS does not represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit group. This document
has been prepared without regard to the objectives or opinions of those who may receive it.
National Policy on Child Labour – An Assessment