STAFF REPORTER
GUWAHATI: The Assam State Commission for Protection of Child Rights (ASCPCR) has requested the Deputy Commissioners of all districts of the State to take certain steps to ensure implementation of provisions of the Child and Adolescent Labour (Prohibition & Regulation) Act, 1986 and the Adolescent Labour (Prohibition & Regulation) Amendment Rules, 2017, which pertain to child labour in general and child artistes in particular.
A recent letter dispatched in this regard by the ASCPCR mentioned that the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 prohibits child labour.
The ASCPCR further pointed out that according to Sub-Section (c) of Section 3 of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, the term 'artiste' "means a child who performs or practices any work as a hobby or profession directly involving him/her as an actor, singer, sports person or in such other activity as may be prescribed relating to the entertainment or sports activities falling under clause (b) of sub-section… In Rule 2C of the Child and Adolescent Labour Prohibition and Regulation) Amendment Rules, 2017, certain conditions has been formed and only fulfilling those conditions a child may be allowed to work as an artiste… A child may be allowed to work as an artiste subject to the following conditions: that no child shall be allowed to work for more than five hours in a day and for not more than three hours without rest; that any producer of any audio-visual media production or any commercial event involving the participation of a child, shall involve a child in participation only after obtaining the permission from the District Magistrate of the district where the activity is to be performed, and shall furnish to the District Magistrate before starting the activity an undertaking in Form-C and the list of child participants, consent of parents or guardian, as the case may be, name of the individual from the production or event who shall be responsible for the safety and security of the child, and ensure that all screening of his films and television programmes shall be made with a disclaimer specifying that if any child has been engaged in the shooting, then, all the measures were taken to ensure that there has been no abuse, neglect or exploitation of such child during the entire process of the shooting. Further, no child shall be allowed to work consecutively for more than 27 days and one responsible person will have to be appointed for maximum of five children for the production or event, so as to ensure the protection, care and best interest of the child. The rules also specify that at least 20 per cent of the income earned by the child from the production or event is to be directly deposited in a fixed deposit account in a nationalized bank in the name of the child which may be credited to the child on attaining majority.
The ASCPCR stated it the letter that it has observed that most of the theatre houses, advertisement agencies, visual media production houses, sport coaching institutions and any other commercial event management agencies are not aware about these conditions which they have to mandatorily comply with while they engage a child as artiste.
As such, the ASCPCR has requested the Deputy Commissions to take four steps to comply with the relevant laws. Firstly, the DCs have been asked to take the initiative to apprise individuals and agencies about the provisions and conditions laid down by the rules in question. Secondly, the DCs have been asked to circulate the Form-C so that the individuals/agencies concerned can apply for permission to engage a child as an artiste. Thirdly, the DCs have been asked to issue instructions to all individuals/agencies concerned to mandatorily comply with all the conditions and take the required prior permission stipulated in the rules. Lastly, the DCs have been asked to appoint an officer who will monitor and guarantee compliance of all the conditions provided under the Child and Adolescent Labour (Prohibition and Regulation) Amendment Rules, 2017.
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