Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) - India (Ratification: 1950)

Articles 2(1) and 3(1) of the Convention. Period during which night work is prohibited for persons under 18 years. In the comments it has been making for many years, the Committee has pointed out that section 70(1A) of the Factories Act, 1948 as amended in 1987, prohibits the night work of adolescents under 17 years of age between 7 p.m. and 6 a.m., that is for a period of 11 consecutive hours, which is inconsistent with Article 2(1) of the Convention. The Committee also observed that the period of night work of 12 consecutive hours is prohibited only to children under 15 years of age, pursuant to section 71(b) of the Factories Act and does not cover adolescents between 15 and 18 years of age. Noting with regret that, despite the request which it had repeatedly made for several years, no measures had been taken to give effect to the Convention on this point, the Committee urged the Government to take the necessary measures without delay to ensure that the Factories Act is amended in line with Articles 2(1) and 3(1) of the Convention.

The Committee notes the Government’s indication that the Child Labour (Prohibition and Regulation) Amendment Act of 2016, (Child Labour Amendment Act of 2016) which amended the Child Labour Prohibition and Regulation Act of 1986 (Child Labour Act of 1986) came into force on 1 September 2016. The Committee notes with satisfaction that the Child Labour Amendment Act of 2016 contains provisions prohibiting night work by children under the age of 18 years. Section 3(1) of the Child Labour Act of 1986 as amended by section 5 of the Child Labour Amendment Act of 2016 prohibits the employment of a child in any occupation or process and section 2(ii) of the Child Labour Act of 1986 as amended by section 48(a)(ii) of the Child Labour Amendment Act of 2016 defines a child as a person who has not completed his fourteenth year of age. Moreover, Section 7(4) of the Child Labour Act of 1986 as amended by section 11 of the Child Labour Amendment Act of 2016 states that no adolescent shall be permitted or required to work between 7 p.m. and 8 a.m., which includes a period of 13 consecutive hours. An “adolescent” is defined under section 4(a)(i) of the Child Labour Amendment Act of 2016 as a person who has completed his fourteenth year of age but has not completed his eighteenth year. The Committee further notes that according to section 14(3) of the Child Labour and Prohibition Act of 1986 whoever fails to comply with or contravenes any provisions of this Act shall be punished with simple imprisonment or a fine of up to ten thousand rupees (approximately US$150). The Committee requests the Government to provide information on the application in practice of the provisions related to night work of children under the age of 18 years contained in the Child Labour (Prohibition and Regulation) Amendment Act of 2016.