REPORT BY THE SUB-COMMITTEE ON UNCRC
United Nations Convention on
the Rights of the Child(UNCRC)
23
Provisions in the Constitution of India and
Domestic Legislation/Policy Measures in
Consonance with UNCRC
b) Section 3(2) 35of the amendment act of 2016 states
that the Act shall not apply where the child helps his family or family enterprise in non-hazardous occupations
or processes after school hours or during vacations, or
works in the audio-visual entertainment industry and
sports industry under safe conditions and without compromising on school.
4) Bonded Labour System (Abolition) Act 1976
5) SC/ST (Prevention of Atrocities) Act 1989
6) Juvenile Justice (Care and Protection of Children)
Act 2015
Government Policies/Schemes
7) Ministry of Labour and Employment- Protocol on
prevention, rescue, repatriation, and rehabilitation of
trafficked and migrant children- which provides practical guidelines to key stakeholders on crucial issues
relating to prevention, rescue, repatriation, and rehabilitation of trafficked and migrant child labour.
8) ‘Scheme for Welfare of Working Children in Need of
Care and Protection’ 36 and the National Child Labour
Programme (NCLP) 37 is suffering from low allocation 38
and huge under spending. 39
Gaps between UNCRC
& Indian Laws (G) and
Recommendations(R)
acumen, may not invoke all the
legal provisions.
R13: A check list be prepared so as
to ensure, when a child is rescued,
all the legal provisions are invoked.
G14: The CLPRA Sec. 3(2) (a) allows
children below the age of 14 years
to work in non-hazardous, family
enterprises and entertainment
industry and sports industry
after school hours. This casts an
additional burden on the child
and deprives the child the right to
development.
R14: Children below the age of 14
years may be allowed to work only
in the nuclear family enterprises
and entertainment industry in a
manner conducive to their growth,
development and safety and with
all prescribed legal safeguards
including Right of Children to Free
and Compulsory Education Act 2009.