Chennai:
Activists and the government are at loggerheads over the age defining child labour and organisations like Child Rights and You (CRY) are demanding that there should be clarity on the age that constitutes a child labourer in all policies and legislations.
While the government legalises children above 14 to work in industries, non-governmental agencies feel that the age should be extended up to 18, based on the United Nations Conventions on the Rights of the Child (UNCRC).
Sarah P Ramya, manager, Development Support, CRY, told City Express that it is during the age of 18 that their physique and mind stabilises and they are ready to take up work.
The government has second thoughts on uniformly declaring the age of child for various policies. In the Right to Education Act, the definition of a child is restricted to 14 years, while in the Indian Marriage Act it is extended up to 18 for girls and 21 for boys. Even the Juvenile Justice Act is for 18 years and the Anti-Rape Bill talks about age till 16, Sarah said.
She said the recent National Child Policy defines children as ones up to 14 years of age, while those above 14 to 18 are termed adolescents.
Vanessa Peter, policy researcher in the Information and Resource Centre for the Urban Deprived Communities, told CE that the government should come out with a common policy for children.
Interestingly, a National Child Policy defines the child as up to 18 years of age, based on UNCRC guidelines. But the Immoral trafficking Act restricts the age to only 16.
“India has a signatory to UNCRC from 1995. But till 2013, although the age of the child has been universally declared as 18 — the country has not regulated it as such. It was only in 2013 that the National Child Policy defined a child is any person below the age of 18 years. The National Policy was adopted by the Ministry of Women and Child Development on April 26, 2013,” says N Thangaraj of Slum Children Sports Talents Education Development Society (SCSTEDS).
As per the National Child Policy, the State shall protect all children from all forms of violence and abuse, discrimination, exploitation, abandonment, separation, abduction, sale or trafficking for any purpose or in any form, or any other activity that takes undue advantage of them or harms their person or affects their development.
“Now in all the legislations related to children the age of a child should be fixed at 18 as there are variations to bend the law and continue with exploitative practices like child labour in many industries,” says Vanessa.
Activists and the government are at loggerheads over the age defining child labour and organisations like Child Rights and You (CRY) are demanding that there should be clarity on the age that constitutes a child labourer in all policies and legislations.
While the government legalises children above 14 to work in industries, non-governmental agencies feel that the age should be extended up to 18, based on the United Nations Conventions on the Rights of the Child (UNCRC).
Sarah P Ramya, manager, Development Support, CRY, told City Express that it is during the age of 18 that their physique and mind stabilises and they are ready to take up work.
The government has second thoughts on uniformly declaring the age of child for various policies. In the Right to Education Act, the definition of a child is restricted to 14 years, while in the Indian Marriage Act it is extended up to 18 for girls and 21 for boys. Even the Juvenile Justice Act is for 18 years and the Anti-Rape Bill talks about age till 16, Sarah said.
She said the recent National Child Policy defines children as ones up to 14 years of age, while those above 14 to 18 are termed adolescents.
Vanessa Peter, policy researcher in the Information and Resource Centre for the Urban Deprived Communities, told CE that the government should come out with a common policy for children.
Interestingly, a National Child Policy defines the child as up to 18 years of age, based on UNCRC guidelines. But the Immoral trafficking Act restricts the age to only 16.
“India has a signatory to UNCRC from 1995. But till 2013, although the age of the child has been universally declared as 18 — the country has not regulated it as such. It was only in 2013 that the National Child Policy defined a child is any person below the age of 18 years. The National Policy was adopted by the Ministry of Women and Child Development on April 26, 2013,” says N Thangaraj of Slum Children Sports Talents Education Development Society (SCSTEDS).
As per the National Child Policy, the State shall protect all children from all forms of violence and abuse, discrimination, exploitation, abandonment, separation, abduction, sale or trafficking for any purpose or in any form, or any other activity that takes undue advantage of them or harms their person or affects their development.
“Now in all the legislations related to children the age of a child should be fixed at 18 as there are variations to bend the law and continue with exploitative practices like child labour in many industries,” says Vanessa.
|
Sl. No
|
Name of the
Act/Policy
|
Definition of
Age for a Child
|
|
1
|
The Child
Labour (Prohibition and Regulation) Act, 1986
|
14 yrs of age
|
|
2
|
Prohibition of
Child Marriage Act, 2006
|
According to
the act a child is a male who has not completed twenty one years of age and a
female who has not completed eighteen years of age.
|
|
3
|
Fundamental
rights
|
Article 21 A- free and
compulsory education to all children of the age of 6-14 years
Article 24-No child below
the age of 14 years shall be employed to work
|
|
4
|
The Right of
Children to Free and Compulsory Education Act or Right to Education Act (RTE)
|
6-14 yrs of age
|
|
5
|
THE
CONSTITUTION (SIXTY-FIRST AMENDMENT)
ACT, 1988
|
Amendment of
article 326.-In article 326 of the Constitution, for
the words "twenty-one years", the words "eighteen years" shall be substituted. For casting a vote |
|
6
|
Bonded Labour
System (Abolition) Act, 1976
|
Below the age
of 18.
|
|
7
|
Juvenile
Justice (Care and Protection of Children) Act 2000, as amended in 2006
|
Child who has
not completed 18 yrs of age
|
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