Section 16 of The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
- (1)Any person, police officer or Inspector may file a complaint of the commission of an offence under this Act in any court of competent jurisdiction.
- (2)Every certificate as to the age of a child which has been granted by a prescribed medical authority shall, for the purposes of this Act, be conclusive evidence as to the age of the child to whom it relates.
- (3)No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Act.
Summary
- This section outlines the legal process for reporting and trying child labour offences in court.
- Any person, a police officer, or an appointed Inspector can file a formal complaint with a court when they suspect an offence has occurred.
- If there is a dispute over how old a child is, a certificate granted by an officially recognised medical authority serves as the final, absolute proof of age for the court.
- Cases under this Act must be taken seriously, so they cannot be tried by lower-level courts. Only a Metropolitan Magistrate or a Magistrate of the first class is allowed to handle these trials.
Practical examples
FAQ
1. Do I have to be a police officer or Inspector to report child labour to the court?
No. The law specifically allows "any person" to file a complaint in a court of competent jurisdiction.
2. What happens if an employer has fake documents claiming a child is an adult?
If a prescribed medical authority examines the child and issues an age certificate, that medical certificate is treated by the court as "conclusive evidence," meaning it overrides other disputed claims.
3. Which court handles these child labour cases?
The case must be tried by a Metropolitan Magistrate or a Magistrate of the first class. Lower courts do not have the authority to hear these cases.
Test yourself
Q1.Under Section 16 of The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, who is legally permitted to file a complaint regarding an offence in court?
Q2.Under Section 16 of The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, what weight does the court give to an age certificate issued by a prescribed medical authority?
Q3.Under Section 16 of The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, what is the minimum rank of a judge required to try an offence under this Act?
Q4.Under Section 16 of The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, if an Inspector files a complaint against a factory owner, can the case be heard by a junior civil court judge?