Child Labour & Child Sexual Abuse | Family Law

The blog presents the basic theory of Child Labour & Child Sexual Abuse that forms the introduction of Family Law in India. This can be useful for students preparing for Law and other Competitive Exams.

Q1. What is Child Labour ?  What work can be termed as Child Labour ?

Ans. Child Labour means labour by the child i.e. when the child is made to work. There are a number of factors to determine whether a particular form of “work” can be called as “child labour” or not. These factors include :

  • child’s age,
  • nature of work,
  • hours of work and
  • the conditions under which such work is performed etc.

Q2. What is “hazardous work” ?

Ans. The labour that jeopardizes the physical, mental or moral well-being of a child is known as “hazardous work”. Such a labour deprives children of their childhood, potential and dignity.

Q3. What is ILO ?

Ans. The ILO stands for the International Labour Organization, founded in 1919. It was the first specialized agency of the United Nations to deal with the labour issue.

Q4. What is IPEC ? What is its objective ?

Ans. The International Labour Organization (ILO) started the International Programme on the Elimination of Child Labour (IPEC) in 1992. Its main objective is progressive elimination of child labour.

Q5. What is the provision in the Indian Constitution against Child Labour ?

Ans. The Indian Constitution has provided the right against exploitation as a fundamental right. A child who is below the age of 14 years cannot be employed in any factory or mine or engage in any other hazardous employment. A duty has been imposed on the state to ensure that tender age of children is not abused. The State has to ensure that these children are not forced by economic necessity to enter into any occupation unsuited to them.

Q6. What are the objectives of Child Labour (Prohibition and Regulation) Act ?

Ans. The Child Labour (Prohibition and Regulation) Act was enacted in 1986. The objectives of this Act are :

  • banning the employment of children under 14 years of age, in specified occupations and processes
  • laying down procedures to decide modifications to the schedule of banned occupations or processes
  • regulating the conditions of work of children in employment where they are not prohibited from working.

Q7.What are the objectives of National Policy on Child Labour ?

Ans.  The National Policy on Child Labour was formulated in 1987 to provide for strict enforcement of Child Labour Laws. The focus under this policy is on the General Developmental Programs on child labour. It provides for starting of projects in the areas having high concentration of child labour and in this pursuance, the National Child Labour Project (NCLP) scheme was launched in 1988. The scheme envisages running of special schools for children withdrawn from work.

Q8. What is Child Sexual Abuse ?

Ans. Child Sexual Abuse is any sexual activity with a child. It is interaction between a child and an adult or older child in which the child is used for the sexual stimulation (action on nerves, muscles or a sensory organ by which activity is evoked) of the Perpetrator (wrong doer).
It involves the following acts :

  • direct physical contact (state of touching or of immediate proximity),
  • touching,
  • kissing,
  • fondling,
  • rubbing,
  • oral sex (sexual activities involving the stimulation of sex organs by the use of mouth, tongue, teeth or throat), or
  • penetration into the vagina or anus.

Q9. What are the provisions under the Protection of Children from Sexual Offences Act, 2012 ?

Ans. The parliament passed the Protection of Children from Sexual Offences Act, 2012 to deal with the problem of child sexual abuse.

  • This act protects the children from offences of penetrative  sexual assault (penetration of penis or any object or any part of body into the vagina, mouth, urethra or anus) of child or makes the child to do so with him or any other person.
  • It also includes :
    • manipulation of any part of the body of the child so as to cause such penetration,
    • sexual assault (touching vagina, penis, anus or breast of child with sexual intent or making to child to do so),
    • sexual harassment (uttering words, making sounds or gestures or exhibiting any body part or making a child to do so) and
    • use of child for pornographic purposes (using a child in any form of media for the purposes of sexual gratification).

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