Kishan Lal is a farmer. He is having a small piece of agriculture land, in which he and his wife Kanta, do all the farming activities. They do not engage any labour and do the work themselves. Sometime their children, Su

CS Professional · Labour Laws & Practice · PYQS · December 2022
Kishan Lal is a farmer. He is having a small piece of agriculture land, in which he and his wife Kanta, do all the farming activities. They do not engage any labour and do the work themselves. Sometime their children, Suresh and Mahesh, who are of 10 and 12 years old only, helps in farming activity, when there are holidays in their school. In March, 2022, when the wheat crop was ready, Kishan Lal hired a threshing machine and asked his children to get the wheat out of the dry plant, through the use of that machine. The provisions of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 suggest that no child shall be employed or permitted to work in any occupations or process. What will be your answer in the following situations: When the children are doing normal farming activity, when schools are off.

Answer & Explanation:

Section 3 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 provides that no child shall be employed or permitted to work in any occupation or process except: (a) helps his family or family enterprise, which is other than any hazardous occupations or processes set forth in the Schedule, after his school hours or during vacations; (b) works as an artist in an audio-visual entertainment industry, including advertisement, films, television serials or any such other entertainment or sports activities except the circus, subject to such conditions and safety measures, as may be prescribed. However, no such work shall affect the school education of the child. Hence, in the given case, when the children are asked to help the parents in normal farming activity and their school timings are not affected (as schools are off), there is no violation, since section 3 of the Act permits such activities as part of family enterprise.

Topics: Child and Adolescent Labour (Prohibition and Regulation) Act, 1986

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