Peer-reviewed article
Analysis of the Child Labour (Prohibition and Regulation) Act
Paridhi Passi ·
Summary
Written by AI, not yet AICS's view · claude-haiku-4-5-20251001This article analyzes India's Child Labour (Prohibition and Regulation) Act of 1986 and its 2016 amendment, which shifted from regulating child labour toward a more comprehensive ban. The study examines how the law attempts to protect children while acknowledging ground realities like poverty and informal work. The research finds that significant gaps remain in enforcement and rehabilitation, and that weak implementation rather than weak law is the main barrier to protecting children from labour.
Key points
- The 2016 amendment strengthened penalties and aligned the law more explicitly with children's rights to education and dignity
- Child labour persists due to structural challenges including poverty, informal work sectors, and family-based occupations
- Significant enforcement gaps exist in how the law is implemented and interpreted, particularly regarding exceptions
- Rehabilitation efforts are inadequate to support children removed from labour
- Legal reform alone cannot protect childhood without parallel social and economic support systems
Limitations
This is a legal and policy analysis rather than an empirical study, so it does not provide data on the prevalence of child labour, the effectiveness of specific enforcement mechanisms, or direct evidence of outcomes for children. The document examines law and implementation gaps but does not evaluate specific interventions or programs designed to address child labour.
Abstract
Child labour in India is not just a legal issue—it is a social and economic reality that continues despite clear constitutional promises and statutory prohibitions. This article examines the Child Labour (Prohibition and Regulation) Act, 1986, along with its 2016 Amendment, tracing the shift from limited regulation to a more explicit ban on child labour. It highlights how the law attempts to balance protection with ground realities such as poverty, informal work, and family-based occupations. While the amended framework strengthens penalties and aligns with the right to education and dignity, significant gaps remain in enforcement, interpretation of exceptions, and rehabilitation efforts. The paper argues that the persistence of child labour reflects not weak law, but weak implementation and structural challenges. Ultimately, it questions whether legal reform alone can protect childhood without parallel social and economic support systems.