Prohibition of employment of children in certain occupations and processes
Section 3 of the Child Labour (Prohibition and Regulation) Act 1986 deals with prohibition of employment of children in certain occupations and processes. No child shall be employed or permitted to work in any of the occupations set forth in Part A of the Schedule or in any workshop wherein any of the processes set forth in Part B of the Schedule is carried on: Provided that nothing in this section shall apply to any workshop wherein any process is ca
No child shall be employed or permitted to work in any of the occupations set forth in Part A of the Schedule or in any workshop wherein any of the processes set forth in Part B of the Schedule is carried on:
Provided that nothing in this section shall apply to any workshop wherein any process is carried on by the occupier with the aid of his family or to any school established by, or receiving assistance or recognition from, Government.
(i) Children can be employed in the process of packing but packing should be done in an area away from the place of manufacture to avoid exposure to accident; M.C. Melita v. State of Tamil Nadu, AIR 1991 SC 417.
(ii) The prohibition of employment of children is not applicable to any workshop wherein any process is carried on by the occupier with the aid of his family, or to any school established by, or receiving assistance or recognition from, Government.
Section 3, The Child Labour (Prohibition and Regulation) Act 1986 (Act 61 of 1986).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State Government vs JULAY SHAH
Court's Decision & Legal Precedent
In cases of child labor and trafficking, the testimony of the alleged victims is fundamental; if victims turn hostile and procedural lapses exist (like failure to examine parents or independent witnesses), the benefit of doubt must go to the accused.
On this section: Prohibition of employment of children in certain occupations/processes.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 3
What have the courts held on Section 3 of the Child Labour (Prohibition and Regulation) Act 1986?
State Government vs JULAY SHAH (04 Sep 2023) is the leading judgment on this section among those set out below: Prohibition of employment of children in certain occupations/processes.
How do I find court cases under Section 3 of the Child Labour (Prohibition and Regulation) Act 1986?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Child Labour (Prohibition and Regulation) Act 1986 3, section 3 Child Labour (Prohibition and Regulation) Act 1986, section 3 of the Child Labour (Prohibition and Regulation) Act 1986. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with State Government vs JULAY SHAH (04 Sep 2023).
What should I read with Section 3 of the Child Labour (Prohibition and Regulation) Act 1986, and has it changed?
4 other provisions in this corpus refer back to it.
When was the Child Labour (Prohibition and Regulation) Act 1986 enacted?
Child Labour (Prohibition and Regulation) Act 1986 was enacted in 1986 as Act 61 of 1986. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 22. Repeal and savings1274 words
- 15. Modified application of certain laws in relation to penalties437 words
- 2. Definitions276 words
- 9. Notice to Inspector255 words
- 13. Health and safety241 words
- 18. Power to make rules217 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/9593f7c7-1242-4629-ad07-941161b31467.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/f1ff8ae4-802a-4f38-8b20-180a860b766c/content). This page is not a substitute for legal advice.