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 using the machine for segregating the wheat from the dry plant.
Answer & Explanation:
Section 3A of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 provides that no adolescent shall be employed or permitted to work in any of the hazardous occupations or processes set forth in the Schedule. While this section primarily refers to adolescents, the general prohibition for children (under 14) is even stricter for hazardous work. The hazardous occupations or processes set forth in the Schedule include: Mines. Inflammable substances or explosives. Hazardous process. In the given case, the wheat separator machine (threshing machine) is operated by electricity and involves mechanical parts, which can be considered a hazardous machine/process, especially for children. Children are not permitted to use this machine for segregating wheat from the dry plant. This would be a violation of the Act.
Topics: Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
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