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: Rohan, a friend of Suresh, came from city to see the village life and stayed with Suresh in his house. Rohan is also of the age of 12. Kishan Lal also asked Rohan to help in the farm activity and if he do the work daily, for 8 hours, he will give him ₹200 per day. Rohan, in the greed of earning money, agreed to do the work. Whether Kishan Lal can engage Rohan?
Answer & Explanation:
In section 3 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, the word, 'family' is used in the exception for family enterprise. It may be noted that the expression: (a) 'family' in relation to a child, means his mother, father, brother, sister and father's sister and brother and mother's sister and brother; (b) 'family enterprise' means any work, profession, manufacture or business which is performed by the members of the family with the engagement of other persons; Since Rohan is only the friend of Suresh who came to enjoy the village life, he does not come in the definition of 'family'. Hence, Kishan Lal cannot employ Rohan, since Rohan is below the age of 14 (a child) and is not a family member. Engaging Rohan for paid work would constitute child labour and is prohibited under the Act.
Topics: Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
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