Legalizing The Invisible: A Critical Analysis Of The ‘Family Enterprise’ Exception Under Section 3 Of The Child And Adolescent Labour (Prohibition And Regulation) Act, 1986”
- IJLLR Journal
- Apr 18
- 1 min read
Sathiya Shree K S, School of Excellence in Law, TNDALU
1. Introduction
1.1 Background of Child Labour in India
Child labour continues to be a persistent socio-legal issue in India despite a robust legislative framework aimed at its eradication. Historically, children have been engaged in economic activities due to poverty, lack of access to education, and socio-cultural practices that normalize family-based work. While industrial child labour has reduced due to stricter regulation, a significant portion of child labour has shifted to the informal and home-based sectors, where regulation is minimal and enforcement mechanisms are weak. According to national estimates, a large number of children remain engaged in family-based occupations such as beedi rolling, handicrafts, and small-scale production units, often under the guise of assisting family members.
The Indian legal framework, particularly the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, seeks to prohibit the employment of children in hazardous occupations and regulate adolescent labour. However, the persistence of informal labour structures has created significant challenges in achieving the law’s intended objective of eliminating child labour.
1.2 The 2016 Amendment and the ‘Family Enterprise’ Exception
A significant shift occurred with the Child Labour (Prohibition and Regulation) Amendment Act, 2016, which introduced a controversial proviso to Section 3 of the Act. This amendment prohibits the employment of children below the age of 14 years in all occupations, but simultaneously permits their engagement in “family enterprises,” provided the work is carried out after school hours or during vacations.
