The Government of Goa on September 26, 2024 has taken significant steps to enhance the protection of children and adolescents through the amendment of the existing rules governing child and adolescent labour. The new regulations, known as the Goa Child and Adolescent Labour (Prohibition and Regulation) (Amendment) Rules, 2024, aim to improve the legal framework surrounding child and adolescent employment.
Key Amendments
1.Change in Terminology
The first significant amendment involves changing the terminology from “Child Labour” to “Child and Adolescent Labour” in Rule 1, reflecting a broader scope of protection under the law.
2. New Awareness Campaigns
Public Awareness Initiatives (Rule 2A)
The government is tasked with ensuring that children and adolescents are not employed in contravention of the Act. To achieve this, several public awareness campaigns will be initiated, utilizing:
- Traditional and Mass Media: Engaging the public through various media platforms to disseminate information about the provisions of the Act.
- Reporting Mechanisms: Establishing easy-to-access communication channels for reporting violations.
3. Guidelines for Family Assistance
Helping Family without Hindering Education (Rule 2B)
The amendment permits children to assist their families under strict conditions to ensure their education is not affected. Key points include:
- Prohibition of hazardous work.
- Limiting work hours to three hours a day, excluding rest periods.
- Emphasizing the importance of not substituting for adults in family businesses.
4. Conditions for Child Artists
Work as an Artist (Rule 2C)
Children may work as artists under specific conditions, including:
- A maximum of five hours of work a day, with breaks.
- Mandatory permissions from the District Magistrate for participation in events.
- Safety and educational provisions must be arranged by producers.
5. Employment Regulations for Adolescents
Hours of Work (Rule 4)
The amendment specifies that no adolescent can be employed for more than five hours in any establishment, thereby ensuring their right to education and health.
6. Health and Safety Measures
Establishment Requirements (Rule 23)
All establishments employing adolescents must adhere to strict health and safety regulations, including:
- Clean and ventilated workspaces.
- Adequate drinking water supply.
- Proper sanitation facilities.
7. Financial Support from the Rehabilitation Fund
Distribution from the Fund (Rule 24A)
The amendment provides clear guidelines for the distribution of funds to children and adolescents from the newly established rehabilitation fund. Key processes include:
- Opening bank accounts for beneficiaries.
- Biannual transfers of accrued interest.
- Full amount transfer upon reaching adulthood.
8. Complaint and Compounding Processes
Filing Complaints (Rule 25A)
The amendments empower various stakeholders, including teachers and community representatives, to file complaints regarding violations of the Act.
Compounding Offences (Rule 25B)
The amendment allows first-time offenders to apply for compounding of offences, subject to specific financial penalties.
9. District Magistrate’s Responsibilities
Task Force Creation (Rule 25C)
A district-level Task Force will be established to oversee the implementation of these regulations, ensuring regular meetings and effective action plans for rescue operations.
10. Duties of Inspectors
Compliance Monitoring (Rule 25D)
Inspectors will have clearly defined duties to ensure compliance with the Act, including regular reporting and adherence to government inspection norms.
11. Monitoring and Record-Keeping
Periodical Inspections (Rule 25E)
The government will implement a systematic monitoring framework for inspections, ensuring a record of violations and rehabilitation measures is maintained.
12. Amendments to Forms
New Form E is added as per the latest rules
https://www.legalitysimplified.com/wp-content/uploads/2024/09/GOAAA-9.pdf
The Goa Child and Adolescent Labour (Prohibition and Regulation) (Amendment) Rules, 2024, represent a robust commitment by the government to enhance the protection of children and adolescents from exploitation. By establishing clear guidelines and mechanisms for awareness, reporting, and rehabilitation, these amendments aim to create a safer and more supportive environment for the younger population in Goa.
