GUWAHATI:
The Assam State Commission for Child Rights (ASCPCR) on June 25 issued guidelines for protecting the rights of children working in the entertainment industry.
In a circular issued to all the deputy commissioners of the state, ASCPCR Member Ajay Kumar Dutta said, “The Commission observed that most of the theatre houses, advertisement agencies, visual media production houses, sport coaching institutions other commercial event management agencies are not aware of the conditions which they have to mandatorily comply with while they engage a child as artist. Therefore, regarding the Rule 2C of Child and Adolescent Labour. (Prohibition and Regulation) Amendment Rules, 2017, the Commission requests you to take steps to comply with the Sections and Rules of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.”
“It is mandated by the ASCPCR under the Commissions for Protection for Child Rights Act, 2005 and the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 and as amended in 2016 to prohibit child labour in Assam,” Dutta said in the circular.
Quoting the Child and Adolescent Labour Prohibition and Regulation Act, 1986 Dutta said Section 3 of the CALPR Act stated “Prohibition of employment of children in any occupations and processes. Under this provision, no child shall be employed or permitted to work in any occupation or process, nothing in the sub-section shall apply where the child helps his family or family enterprise, which is other than any hazardous occupations or processes outlined in the Schedule, after his school hours or during vacations; works as an artist in the audio-visual entertainment industry, including the advertisement, films, television serials or any such other entertainment or sports activities except the circus, subject to such conditions and safety measures, as may be prescribed provided that no such work under this clause shall affect the school education of the child.”
According to the circular, 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, the 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.
The undertaking referred to in clause (b) shall be valid for six months and shall clearly state the provisions for education, safety, security and reporting of child abuse in consonance with the guidelines and protection policies issued by the Central Government from time to time for such purposes ensuring facilities for the physical and mental health of the child, timely nutritional diet of the child, safe, clean shelter with sufficient provisions for daily necessities and compliance with all laws applicable for the time being in force for the protection of children, including their right to education, care and protection, and against sexual offences, the circular said.
Moreover, the circular said that appropriate facilities for the education of the child to be arranged to ensure that there is no discontinuity from his lessons in school and no child shall be allowed to work consecutively for more than twenty-seven days; one responsible person be appointed for a maximum of five children for the production or event, to ensure the protection, care and best interest of the child, at least twenty per cent of the income earned by the child from the production or event 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 and no child shall be made to participate in any audio-visual and sports activity including informal entertainment activity against his will and consent.
In the circular, the ASCPCR urged the DCs to take the initiative to inform the individuals and agencies of the provisions and conditions provided under the aforesaid sections and rules.
The child rights body also urged the DCs to circulate Form C so that they can apply for permission to engage the child as an artist.
“Give instruction to all the concerned individuals and agencies to mandatorily compliances all the conditions and take necessary prior permission from the district magistrate of the concerned district as provided under the Rules,” it said.
The commission also asked the DCs to appoint an officer to monitor and guarantee the compliance of all the conditions provided under the Child and Adolescent Labour (Prohibition and Regulation) Amendment Rules, 2017 for the best interest of the child.