Question arose when few Cooperative Housing Societies started passing resolutions in either Annual General Meeting / Special General Meeting / Committee Meeting on restricting children / adolescents to be used as house hold / domestic help.
In this article we will answer
- What are the various laws in relation to Child / adolescent in India.
- Which type of work are they allowed to do.
- Whether resolution passed by societies has legal standing in relation to member’s employee / help.
Definition of a Child
The Right of children to Free and Compulsory Education Act, 2009 : “child” means a male or female child of the age of six to fourteen years
The Child Labour (Prohibition and Regulation) Act, 1986: Definition of Child: “means a person who has not completed his fourteen year of age;“
The Child Labour (Prohibition and Regulation) Amendment Act, 2016 :
“child” means a person who has not completed his fourteenth year of age or such age as may be specified in the Right of Children to Free and Compulsory Education Act, 2009, whichever is more;’.
“adolescent” means a person who has completed his fourteenth year of age but has not completed his eighteenth year;’
Article 24 of the Constitution
24. Prohibition of employment of children in factories, etc: No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment Provided that nothing in this sub clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub clause (b) of clause ( 7 ); or such person is detained in accordance with the provisions of any law made by Parliament under sub clauses (a) and (b) of clause ( 7 )
The Child Labour (Prohibition and Regulation) Act, 1986
Section 3: “No child shall be employed or permitted to work in any of the occupation set forth in Part A of the Schedule or in any workshop wherein any of the process set forth in Part B of the Schedule.”
The Child Labour (Prohibition and Regulation) Amendment Act, 2016
An Act to prohibit the engagement of children in all occupations and to prohibit the engagement of adolescents in hazardous occupations and processes and the matters connected therewith or incidental thereto.
Sec 3.1 No child shall be employed or permitted to work in any occupation or process.
Exception given to help family or family enterprise, work as an artist, sports activities etc.
3A. No adolescent shall be employed or permitted to work in any of the hazardous occupations or processes set forth in the Schedule
Section 14: Punishment
“(1) Whoever employs any child or permits any child to work in contravention of the provisions of section 3 shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years, or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both:
Provided that the parents or guardians of such children shall not be punished unless they permit such child for commercial purposes in contravention of the provisions of section 3.
(1A) Whoever employs any adolescent or permits any adolescent to work in contravention of the provisions of section 3A shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years or with fine which shall not be less than twenty thousand rupees but which may extend to fifty thousand rupees, or with both:
(1B) Notwithstanding anything contained in sub-sections (1) and (1A) the parents or guardians of any child or adolescent referred to in section 3 or section 3A, shall not be liable for punishment, in case of the first offence.”.
The Gujarat Cooperative Societies Act, 1961 and Rules
The Gujarat Cooperative Societies Act, Rules and Byelaws covers the relation between members and society. Question which was raised at the starting: If a member employees any person, does the Society have any rights to place any restriction?
Answer to the question is clear No.
What should Committee or any Member do ?
The Child Labour (Prohibition and Regulation) Act, 1986, Section 16 ” Any person, police officer or inspector may file a complaint of the commission of an offence under this Act in any court of competent jurisdiction.”
So if it comes to the notice of the society that any member is employing any child (Age less than 14 years), as per section 16, it can file a police complain.
In case of adolescent (Age 14 – 18 years): Society resolution cannot supersede existing laws. Any resolutions passed by society restricting adolescent to do domestic help work is contrary to the current laws, thus has no legal standing.
Gujarat Cooperative Societies 