Constitutional Provisions

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Article21 A


Right to Education

The State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State, by law, may determine.


Article 24

Prohibition of employment of children in factories, etc.

No child below the age fourteen years shall be employed in work in any factory or mine or engaged in any other hazardous employment.


Article 39

The State shall, in particular, direct its policy towards securing that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.


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POLICY

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The National Policy on Child Labour, August 1987 contains the action plan for tackling the problem of child labour. It envisages: 1. A legislative action plan 2. Focussing and convergence of general development programmes for benefiting children wherever possible, and 3. Project-based action plan of action for launching of projects for the welfare of working children in areas of high concentration of child labour. In pursuance of National Child Labour Policy,the NCLP Scheme was started in 1988 to rehabilitate child labour. The Scheme seeks to adopt a sequential approach with focus on rehabilitation of children working in hazardous occupations & processes in the first instance. Under the Scheme, after a survey of child labour engaged in hazardous occupations & processes has been conducted, children are to be withdrawn from these occupations & processes and then put into special schools in order to enable them to be mainstreamed into formal schooling system.  
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THE CHILD LABOUR PROHIBITION AND REGULATION) ACT, 1986

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1. Short title, extent and commencement .—(1) This Act may be called the Child Labour (Prohibition and Regulation) Act, 1986. (2) It extends to the whole of India. (3) The provisions of this Act, other than Part III, shall came into force at once, and Part III shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States and for different classes of establishments. 2. Definitions. —In this Act, unless the context otherwise requires,— (i) “appropriate Government” means, in relation to an establishment under the control of the Central Government or a railway administration or a major port or a mine or oilfield, the Central Government, and in all other cases, the State Government; (ii) “child” means a person who has not completed his fourteenth year of age; (iii) “day” means a period of twenty-four hours beginning at mid-night; (iv) “establishment” includes a shop, comm...
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PART A - Occupations & PART B - Processes

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THE SCHEDULE (See Sec.3) PART  A Occupations Any occupation concerned with: - (1)                 Transport of passengers, goods or mails by railways; (2)                 Cinder picking, clearing of an ash pit or building operation in the railway premises; (3)                 Work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from the one platform to another or in to or out of a moving train; (4)                 Work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines; (5)      ...
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