How 'Hazardous Occupations' have been detailed in the Child and Adolescent Labour Act

“Is poultry a hazardous occupation which is prohibited by the Child Labour Act?” This query was sent by a good friend.

Here is our analysis.

S. 3A of the CAL (PR) Act reads: 

"Prohibition of employment of adolescents in certain hazardous occupations and process: No adolescent shall be employed or permitted to work in any of the hazardous occupations or processes set forth in the Schedule:Provided that the Central Government may, by notification, specify the nature of the non-hazardous work to which an adolescent may be permitted to work under this Act."

Let us read the last part again:

"Provided that the Central Government may, by notification, specify the nature of the non-hazardous work to which an adolescent may be permitted to work under this Act."

This part is interesting. We cannot employ adolescents in the occupations mentioned in the schedule. But the list is not an exhaustive list going by the second part of S 3A. If the notification mentioned is not there, the definition of 'hazardous' available in 'The Occupational Safety, Health and Working Conditions Code 2020' can be useful. Hazardous means involving danger or potential danger. Going by this, it may not be easy to categorise working in poultry farms as a hazardous occupation.

The schedule lists hazardous processes. This list is not conclusive and can be expanded through a process; even without a process, it remains open-ended. The schedule is part of the Act and the reference here is about a notification which we could not locate.

If someone wants to get any process or occupation recognised as hazardous, then it can be done through the process prescribed.

While making the legislation there were three options.

  1. To make a list of hazardous occupations- prohibit these and allow all others

  2. To make a list of non-hazardous occupations- allow these and disallow all others

  3. To make a list of hazardous occupations -prohibit these and decide on other occupations depending upon a definition of non hazardous.

The Act has opted for the third.

In fact, Option 3 was the only viable option, as listing the occupations would have been an impossible task. There are, at a minimum, 10,000 occupations anyone one can list if time permits.