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: If Rohan would have been of the age of 16 years, whether Kishan Lal can engage him in extracting the wheat from the threshing machine.

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. The hazardous occupations or processes set forth in the Schedule are as under: Mines. Inflammable substances or explosives. Hazardous process. Adolescent means a person who has completed his fourteenth year of age but has not completed his eighteenth year. In the given case, Rohan is of the age of 16 only (meaning he has not yet completed 18 years of age), so he is an adolescent. As established in 6(ii), extracting wheat from a threshing machine (cutter machine) is considered a hazardous activity/process. Hence, even if Rohan were 16 years old, Kishan Lal cannot employ him to do this hazardous activity.

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

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