I have found child workers employed in a subcontractor's unit in Kozhikode; what are the legal consequences under the Child Labour Act?
AS Asked by Ashok Yadav from India
Quick Answer
Under the Child Labour (Prohibition and Regulation) Amendment Act, 2016, employment of children below fourteen years is prohibited in all occupations and processes, except in family enterprises after school hours.
Detailed Legal Analysis
Under the Child Labour (Prohibition and Regulation) Amendment Act, 2016, employment of children below fourteen years is prohibited in all occupations and processes, except in family enterprises after school hours. Employment of adolescents (fourteen to eighteen years) is prohibited in hazardous occupations.
Violation attracts imprisonment from six months to two years and fine from twenty thousand to fifty thousand rupees under Section 14. The employer is also liable for rehabilitation of the child under the provisions of the Act.
You must immediately remove the child workers, report to the labour department, and ensure compliance. The Kerala High Court may take suo motu cognisance of child labour violations.
The Kerala Rent Control Act 1963 on child labour may have additional state-specific enforcement mechanisms. The National Child Labour Project provides for rehabilitation and education of rescued children, and the employer may be required to contribute to the project fund.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.