Country profile IND
Context
Context
| Year | Age group | Proportion | Gender | Indicator | Source |
|---|---|---|---|---|---|
| 2012 | 6-17 | 5.3 | Male | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2012 | 5-17 | 3.1 | Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2012 | 5-17 | 4.3 | Male & Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Light work - Determination of types and conditions of activities | 1986-12-23 | C138 | India has not availed itself of Convention No 138 Article 7. | [{"link_name":"Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (as amended in 2016) and associated Rules (2017)","source_link":"https://www.indiacode.nic.in/bitstream/123456789/12795/1/the_child_and_adolescent_labour_%28prohibition_and_regulation%29_act%2C_1986_no._61_of_1986_date_23.12.1986.pdf"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | The provisions under Section 3(2) of the Act allow limited and conditional participation of children in family enterprises and artistic performances, strictly outside school hours and excluding hazardous occupations. |
| Minimum age for light work | - | C138 | India has not availed itself of C 138 Article 7. | [{"link_name":"Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (as amended in 2016)","source_link":"https://www.indiacode.nic.in/bitstream/123456789/12795/1/the_child_and_adolescent_labour_%28prohibition_and_regulation%29_act%2C_1986_no._61_of_1986_date_23.12.1986.pdf"}] | N/A | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | - |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2009 ; 2016-12-23 | C138 | Right of Children to Free and Compulsory Education Act, 2009 ; Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (as amended in 2016) | [{"link_name":"-Right of Children to Free and Compulsory Education Act, 2009","source_link":"https://www.education.gov.in/sites/upload_files/mhrd/files/upload_document/RTE_Section_wise_rationale_rev_0.pdf"},{"link_name":"-Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (as amended in 2016)","source_link":"https://www.indiacode.nic.in/bitstream/123456789/12795/1/the_child_and_adolescent_labour_%28prohibition_and_regulation%29_act%2C_1986_no._61_of_1986_date_23.12.1986.pdf"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | The Right to Education Act, 2009 establishes that every child has the right to free and compulsory education until the completion of elementary education, which ends at 14 years of age. The 2016 amendment to the Child and Adolescent Labour Act sets the minimum age for admission to work at 14 which aligns with the age of completion of compulsory schooling. |
| Minimum age for hazardous work | 2016-07-29 | C138 & C182 | Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (as amended in 2016) - Section 3A | [{"link_name":"Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (as amended in 2016)","source_link":"https://labour.gov.in/sites/default/files/the_child_labour_prohibition_and_regulation_amendment_act_2016_0.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Section 3A of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, as amended in 2016, prohibits the employment of adolescents (14 to 18 years) in hazardous occupations and processes. The Schedule to the Act, revised in 2016, lists hazardous occupations and processes where adolescents are prohibited from working. |
| List of hazardous activities prohibited for children | 2017-06-02 | C138 & C182 | Child Labour (Prohibition and Regulation) Amendment Rules, 2017 - Schedule A | [{"link_name":"Child Labour (Prohibition and Regulation) Amendment Rules, 2017","source_link":"https://labour.gov.in/sites/default/files/the_child_labour_prohibition_and_regulation_amendment_rules_2017.pdf"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | The Child Labour (Prohibition and Regulation) Amendment Rules, 2017, issued under the amended 1986 Act, include Schedule A, which lists occupations and processes where adolescents (14–18 years) are prohibited from working due to hazardous nature. This includes mining, inflammable substances, and hazardous processes listed under the Factories Act, 1948. The Rules were formulated following consultations with stakeholders and are subject to periodic review. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2015-12-31 ; 1985-09-16 | C182 | Juvenile Justice (Care and Protection of Children) Act, 2015 - Section 78 ; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 78, 32B(c) | [{"link_name":"-Juvenile Justice (Care and Protection of Children) Act, 2015","source_link":"https://cara.wcd.gov.in/pdf/jj%20act%202015.pdf"},{"link_name":"-Narcotic Drugs and Psychotropic Substances Act, 1985","source_link":"https://www.indiacode.nic.in/bitstream/123456789/18974/1/narcotic-drugs-and-psychotropic-substances-act-1985.pdf"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Section 78 of the Juvenile Justice (Care and Protection of Children) Act, 2015 explicitly prohibits the use of a child for vending, peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance, and prescribes imprisonment of up to seven years and fine. Additionally, Section 32B(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 lists “use of a minor in the commission of an offence” as an aggravating factor for imposing enhanced punishment. While Section 78 does not explicitly mention “production,” both acts prohibit the use of children in trafficking-related drug offences and penalize such use severely. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2012-06-19 ; 1956-12-30 | C182 | The Protection of Children from Sexual Offences (POCSO) Act, 2012 - Sections 13–15 ; Immoral Traffic (Prevention) Act, 1956 - Sections 3, 5, 6 | [{"link_name":"-The Protection of Children from Sexual Offences (POCSO) Act, 2012","source_link":"https://www.indiacode.nic.in/bitstream/123456789/9318/1/sexualoffencea2012-32.pdf"},{"link_name":"-Immoral Traffic (Prevention) Act, 1956","source_link":"https://www.indiacode.nic.in/bitstream/123456789/15378/1/the_immoral_traffic_%28prevention%29_act%2C_1956.pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | The Protection of Children from Sexual Offences (POCSO) Act, 2012 criminalizes the use of any person under the age of 18 for pornography under Sections 13–15. It prohibits the use of children in any form of sexual performance or representation, including recorded and non-recorded content. The Immoral Traffic (Prevention) Act, 1956 prohibits the procuring, inducing, or taking of children for prostitution under Section 5 and punishes those managing or allowing premises to be used for such purposes under Sections 3 and 6. Both acts establish that use, procurement, or offering of a child under 18 for prostitution or pornography is a criminal offence. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1950 ; 2016-07-01 | C182 | The Army Act, 1950 - Section 11 ; Juvenile Justice (Care and Protection of Children) Act, 2015 - Section 1(2), Section 83 | [{"link_name":"-The Army Act, 1950","source_link":"https://www.indiacode.nic.in/bitstream/123456789/1930/1/aA1950-46.pdf"},{"link_name":"-Juvenile Justice (Care and Protection of Children) Act, 2015","source_link":"https://cara.wcd.gov.in/pdf/jj%20act%202015.pdf"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Section 11 of the Army Act, 1950, provides that no person shall be enrolled in the Indian Army unless he has attained the age of 18 years. The Act does not provide for compulsory military service, and recruitment is voluntary. Section 1(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015 makes the Act applicable to all matters concerning children, including situations of armed conflict. Section 83 of the same Act prescribes punishment for the use of children in any armed group or militia not part of the official armed forces of the State. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2013-04-02 | C182 | Indian Penal Code, 1860 (as amended by the Criminal Law (Amendment) Act, 2013) - Sections 370, 370A | [{"link_name":"Indian Penal Code, 1860 (as amended by the Criminal Law (Amendment) Act, 2013)","source_link":"https://www.iitk.ac.in/wc/data/TheCriminalLaw.pdf"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Section 370 of the Indian Penal Code, as amended by the Criminal Law (Amendment) Act, 2013, defines and criminalizes trafficking of persons, including children, for exploitation. It includes physical exploitation, sexual exploitation, slavery or practices similar to slavery, servitude, or forced removal of organs. Section 370(4) specifically addresses trafficking of minors and prescribes a minimum punishment of ten years. Section 370A penalizes anyone who engages a trafficked minor for labour or sexual exploitation. |
| Minimum age for admission to apprenticeship | 2019-09-25 ; 1986-12-23 | C138 | The Apprentices Act, 1961 (as amended in 2019) - Section 3 ; Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (as amended in 2016) - Sections 2, 3, 3A | [{"link_name":"-The Apprentices Act","source_link":"https://upload.indiacode.nic.in/showfile?actid=AC_CEN_6_6_00016_196152_1517807321778&type=rule&filename=central_apprenticeship_council.pdf"},{"link_name":"-Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (as amended in 2016)","source_link":"https://www.indiacode.nic.in/bitstream/123456789/19582/1/the_child_and_adolescent_labour_%28prohibition_and_regulation%29_act%2C_1986_no._61_of_1986_date_23.12.1986.pdf"}] | 14 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Under Section 3 of the Apprentices Act, 1961, a person shall not be qualified for being engaged as an apprentice unless they are at least 14 years of age. This applies to both technical and vocational apprenticeship programmes approved by the competent authority. The Child and Adolescent Labour Act, amended in 2016, maintains this threshold and provides that no child below 14 shall be employed in any occupation, while adolescents (14–18 years) may work under regulated conditions in non-hazardous sectors. |
| Minimum age for admission to work | 2017-04-20 | C138 | Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (as amended in 2016) and associated Rules (2017) | [{"link_name":"Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (as amended in 2016) and associated Rules (2017)","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/110006/IND110006.pdf"}] | 14 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | The 2016 amendment to the 1986 Act prohibits the employment of children below the age of 14 years in any occupation or process, with exceptions for helping family enterprises and participation in artistic performances, under strict conditions. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 13-JUN-2017 | Source |
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 13-JUN-2017 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| The ICPS aimed to create a comprehensive child protection mechanism by strengthening institutional structures such as Child Welfare Committees (CWCs), Juvenile Justice Boards (JJBs), District Child Protection Units (DCPUs), and Specialised Adoption Agencies. It provided for rescue, rehabilitation, legal aid, and psychosocial support to children in difficult circumstances, including trafficked, working, and bonded children. Since 2021, ICPS has been merged into Mission Vatsalya, continuing these protective services at the national level. | [{"link_name":"ICPS","source_link":"https://wcdhry.gov.in/mission-vatsalya/"}] | Launched in 2009; now operational under Mission Vatsalya (since 2021) | Integrated Child Protection Scheme (ICPS) (merged into Mission Vatsalya) | Ministry of Women and Child Development (MWCD) |
| Shakti Sadan is an integrated shelter and rehabilitation scheme for victims of human trafficking, including women and children. It merges the Ujjawala and Swadhar Greh schemes and provides food, shelter, health services, and repatriation assistance. | [{"link_name":"Shakti Sadan","source_link":"https://missionshakti.wcd.gov.in/statisticsSadan"}] | 2023 – Present | Shakti Sadan (formerly Ujjawala and Swadhar Greh) | Ministry of Women and Child Development |
| The NCLP Scheme was launched in 1988 to identify and rehabilitate child labourers through Special Training Centres (STCs), providing non-formal education, stipends, nutrition, and health care. As of April 1, 2021, the scheme has been subsumed under the Samagra Shiksha Abhiyan (SSA) to mainstream rescued children into formal schooling. | [{"link_name":"NCLP","source_link":"https://samagra.education.gov.in/"}] | 1988 – 31 March 2021 (now merged under SSA since 1 April 2021) | National Child Labour Project (NCLP) Scheme (now subsumed under Samagra Shiksha Abhiyan) | Ministry of Labour and Employment (MOLE); now coordinated with Ministry of Education under SSA |
| This action plan operationalizes the objectives of the National Policy for Children, emphasizing prevention, identification, rescue, rehabilitation, and reintegration of children involved in child labour and trafficking. It supports age-appropriate education and community-based mechanisms for victim services. | [{"link_name":"National Plan of Action for Children","source_link":"https://cara.wcd.gov.in/pdf/Mission%20Vatsalya%20Guideline.pdf"}] | 2016 | National Plan of Action for Children | Ministry of Women and Child Development |
| The policy aims to eliminate child labour, especially in hazardous occupations, through legislative action, integration with development programs, and targeted project-based interventions. The PENCIL Portal, launched under this policy, enhances enforcement of child labour laws, enables citizen reporting, and has facilitated the removal of over 144,000 children from child labour since 2017. | [{"link_name":"National Policy on Child Labour","source_link":"https://labour.gov.in/childlabour/child-labour-policies"}] | 1987 – Present (PENCIL Portal operational since 2017) | National Policy on Child Labour | Ministry of Labour and Employment (MOLE); Ministry of Women and Child Development |