54 NATIONAL HUMAN RIGHTS COMMISSION provisions of other international instruments, artist in an audio-visual entertainment industry, allocation reduced to only `131.2 Crore (“Budget for States Parties shall in particular: including advertisement, films, television serials or Children in India: 2008-09 to 2013-14”; HAQ: Centre (a) Provide for a minimum age or minimum ages for any such other entertainment or sports activities for Child Rights; http://haqcrc.org/new-at-haq/ admission to employment; except the circus, subject to such conditions and budget-children-india-2008-2009-2013-2014-2/) (b) Provide for appropriate regulation of the hours safety measures, as may be prescribed: Provided and conditions of employment; that no such work under this clause shall effect 39 (c) Provide for appropriate penalties or other the school education of the child. Explanation.— in Need of Care and Protection” has witnessed sanctions to ensure the effective enforcement of For the purposes of this section, the expression, heavy under expenditure with an average under the present article. (a) ‘‘family’’ in relation to a child, means his expenditure of 15% between 2011-12 to 2013- mother, father, brother, sister and father’s sister 14. (“Budget for Children in India: 2008-09 to 2 and brother and mother’s sister and brother; (b) 0 1 3 - 14”; HAQ: Centre for Child Rights; http:// employment of children in factories, etc ‘‘family enterprise’’ means any work, profession, haqcrc.org/new-at-haq/budget-children- No child below the age of fourteen years shall manufacture or business which is performed by india-2008-2009-2013-2014-2/) be employed to work in any factory or mine or the members of the family with the engagement engaged in any other hazardous employment of other persons; (c) ‘‘artist’’ means a child who Provided that nothing in this sub clause shall performs or practices any work as a hobby or authorise the detention of any person beyond the profession directly involving him as an actor, singer, maximum period prescribed by any law made by sports person or in such other activity as may be Parliament under sub clause (b) of clause ( 7 ); or prescribed relating to the entertainment or sports such person is detained in accordance with the activities falling under clause (b) of sub-section (2).’’ 34 Article 24 of the Constitution of India: Prohibition of provisions of any law made by Parliament under sub clauses (a) and (b) of clause ( 7 ) 35 Section 3(2) of the amendment act of 2016 (1) No child shall be employed or permitted to work in any occupation or process. (2) Nothing in sub-section (1) shall apply where the child,— (a) helps his family or family enterprise, which is other than any hazardous occupations or processes set forth in the Schedule, after his school hours or during vacations; (b) works as an 36 This scheme is implemented by the Ministry of Women and Child Development. The “Scheme for Welfare of Working Children 40 rights of the child 1. States Parties recognize that every child has the inherent right to life. 2. States Parties shall ensure to the maximum extent possible the survival and development of the child. 41 37 This scheme is implemented by the Ministry of Article 6 of The United Nations Convention on the Article 12 of The United Nations Convention on the rights of the child Labour and Employment and is the only scheme 1. States Parties shall assure to the child who is by the MLOE concerned with rehabilitation of child capable of forming his or her own views the right to labour. express those views freely in all matters affecting the child, the views of the child being given due 38 In 2008-2009 NCLP received an allocation of `156.06 Crore and over the period of six years it has seen decrease in allocation. In 2013-2014 the weight in accordance with the age and maturity of the child.