What is the law on child labour and how can I report a violation?
I suspect a nearby shop is employing a child below 14 years of age. What does the law say and how do I report this? Specifically, I want to know how Child Labour (Prohibition and Regulation) Act 1986, Section 3 applies to a situation like mine and what the labour law position in India actually is. If there is a deadline I should be aware of, I need to know that now.
What is the law on child labour and how can I report a violation? is governed in India primarily by Child Labour (Prohibition and Regulation) Act 1986, Section 3, Child Labour (Prohibition and Regulation) Amendment Act 2016 and Juvenile Justice Act 2015. Outcomes in child labour prohibition act disputes depend heavily on documentation, so check what you can actually evidence as you read.
Section 3 of the Child Labour (Prohibition and Regulation) Act, as amended in 2016, completely prohibits employment of children below 14 years in any occupation or process, and further restricts adolescents (14-18 years) from working in hazardous occupations listed in the Act.
Violation attracts imprisonment of 6 months to 2 years and/or fine of Rs 20,000 to Rs 50,000 for the employer, with enhanced punishment for repeat offenders under Section 14.
A child found engaged in prohibited employment can be rescued through coordinated action of the labour department, police (Anti-Human Trafficking Unit) and Child Welfare Committee constituted under the Juvenile Justice Act 2015, which then arranges for rehabilitation.
Complaints can be filed with the local Labour Inspector, District Child Protection Unit, or by calling the Childline helpline number 1098, which coordinates rescue operations across India.
Establishments employing children can also face closure orders and blacklisting from government contracts, and consumers/citizens reporting such violations are protected and can remain anonymous if desired.
What this means for you: 1) Note down the specific location, nature of work and approximate age of the child; 2) Call Childline at 1098 or contact the local police control room to report the case; 3) File a written complaint with the Labour Inspector or District Child Protection Officer; 4) Follow up with the Child Welfare Committee to ensure the child receives proper rehabilitation.
Where the facts are disputed, what usually decides a child labour prohibition act matter is the paper trail — dated complaints, acknowledgments and written replies under Child Labour (Prohibition and Regulation) Act 1986, Section 3. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in labour law.
Disclaimer: This information is for general awareness and does not constitute legal advice. Statutes and their interpretation change, and outcomes depend on the facts of your case. Please consult a qualified advocate before acting on it.