Which of the following is a "cognizable offence" under the 2016 Child Labour Amendment?

Correct Option

The correct option is

Employing a child below 14 in any occupation.

Explanation

The Child Labour (Prohibition and Regulation) Amendment Act, 2016 amended the original 1986 Act to align with the Right to Free and Compulsory Education Act, 2009. It introduced a complete ban on the employment of children under 14 years in all occupations and processes, with limited exceptions for family enterprises and the entertainment industry.

Detailed Analysis

• Nature of Offence: The 2016 Amendment specifically made the employment of a child or adolescent in contravention of the Act a cognizable offence. A cognizable offence allows the police to make an arrest without a warrant and start an investigation without the permission of a court.
• Prohibition for Children (Below 14): The Act prohibits the employment of a child in any occupation or process. The only exceptions are if the child helps his/her family or family enterprise (provided it is not hazardous) after school hours or during vacations, or works as an artist in the audio-visual entertainment industry. Therefore, employing a child below 14 in an occupation is a punishable, cognizable offence.
• Prohibition for Adolescents (14–18): The Act prohibits the employment of adolescents only in hazardous occupations and processes. Engagement in non-hazardous work is permitted.
• Other Options:
  • Engagement of an adolescent in permitted family work.: Engaging an adolescent in permitted family work is legal and not an offence.
  • Non-payment of statutory wages under labour law. & Absence of a registered workers’ association.: While non-payment of wages and absence of associations are issues under other labour laws (like the Minimum Wages Act or Trade Unions Act), they do not define the specific "cognizable offence" introduced by the Child Labour Amendment Act, 2016 regarding the employment of minors.

Key Takeaway: Under the 2016 Amendment, employing a child (below 14 years) in any occupation or an adolescent (14–18 years) in a hazardous occupation is a cognizable offence.