This article has been written by Apratim Mukhopadhyay  pursuing a Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution course from LawSikho. 

This article has been edited and published by Shashwat Kaushik.

Introduction

Children in every civilised society hold a special place. They are the future of any family, country, and civilisation, as has always been acknowledged. It is also a fact that till they are young, of tender age, and are not in a position of taking care of their affairs, their family (parents/guardians) has the primary responsibility of care and well-being. In the absence of the primary institution of family, in modern times, society, through the apparatus of the state, holds this all-important charge. It is the endeavour of every civilised society to see their young realise their full potential, not only physically and mentally, but also become a responsible member of the society. The early years are also the ones when the children are the most vulnerable. They are impressionable as well as run the risk of being exploited in different ways, knowingly or unknowingly, by those with whom they tend to interact during the course of their activities. Given socio-economic conditions, the children get involved in various different activities detrimental to them. Recognising the perils the children are exposed to, protection of their rights against any form of exploitation has been enshrined under the Constitution of India as well as other statutes that hold the field. Together, the laws specifically enacted to protect the rights of children engaged in various walks of economic activity provide a legal framework to deal with this sensitive yet very important issue.

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Children and entertainment industry

Child labour is prohibited in India. However, in certain areas of organised and unorganised economic activity, we find children being engaged to fulfil certain relevant tasks. This has statutory permission in India. The world of entertainment is one such area where, since its inception, engagement of the children has been conspicuous. Initially, the areas of the entertainment world consisted of live performances, like children performing acrobatics and other activities in a circus format, music and dance performances, acting in theatres and dramas, etc. However, with time and the development of technology, modes of expression and dissemination of entertainment expanded. The areas of entertainment traversed from the limited space of live performances through the radio waves and audio recordings (through gramophones) to first silent and then talking features and films. The next stage saw the evolution in the distribution of entertainment within our households via the medium of television broadcasting. Last but not least, we are in the era of information technology, which enabled the distribution of entertainment, information, news, and other forms of expression through the internet and platforms based on the internet. In every stage, the involvement of children has grown as participants and contributors in the growth of entertainment as an industry.

Vulnerability of children in the world of entertainment

In the captivating world of entertainment, where dreams take flight and imaginations soar, a poignant reality often goes unnoticed—the vulnerability of children who find themselves entangled in this captivating realm. The entertainment industry, with its allure of glitz, glamour, and fame, can cast a spellbinding illusion, concealing the potential risks and challenges that children face as they navigate this complex landscape.

From child actors to singers, dancers, and models, the entertainment industry presents children with unique opportunities to showcase their talents and pursue their passions. However, this exposure comes with a heavy burden. Children in the entertainment industry are often subjected to intense pressure, rigorous schedules, and relentless scrutiny. They may be required to perform complex tasks, memorise scripts, and meet demanding expectations, all while balancing their personal lives and educational pursuits.

The emotional toll on children in the entertainment industry can be immense. The constant pressure to excel and the fear of failure can lead to anxiety, depression, and low self-esteem. Children may also struggle to cope with the intense scrutiny and criticism that comes with being in the public eye. Moreover, they may face challenges in developing healthy relationships with peers and family members as they navigate a world vastly different from their own.

Furthermore, children in the entertainment industry are at increased risk of exploitation and abuse. Unscrupulous individuals may take advantage of their vulnerability and innocence, leading to sexual abuse, physical harm, or emotional manipulation. The lack of proper safeguards and regulations can leave children without adequate protection, making them susceptible to harm.

Recognising the vulnerability of children in the entertainment industry is crucial to safeguarding their well-being and ensuring their rights are protected. Several measures can be taken to address this issue. Stricter regulations and guidelines are essential to ensure that children are not subjected to excessive workloads, hazardous environments, or inappropriate content. Regular monitoring and oversight by relevant authorities can help prevent exploitation and abuse.

Additionally, providing children with comprehensive support systems is vital. This includes access to counselling services, educational opportunities, and mentorship programs. Creating a supportive environment where children feel valued, respected, and heard can help them cope with the challenges they face. Encouraging open and honest conversations about mental health and well-being can also help break down stigmas and promote early intervention.

Ultimately, the onus lies on all stakeholders in the entertainment industry to prioritize the safety and well-being of children. Production companies, talent agencies, casting directors, and parents must work together to create a nurturing environment that protects children from harm. By acknowledging the vulnerability of children in the entertainment world, we can take proactive steps to ensure that their dreams and aspirations are pursued in a safe and supportive manner.

Legal framework for protection of children’s (minor’s) right working in the entertainment industry in India

In India, the rights of the children engaged in the entertainment industry are protected under a legal framework. The violation of these rights is to be taken with the utmost seriousness. The legal framework regarding the protection of children’s (minor’s) rights, in general, is a layered one. The protection of the rights of the children (minors) engaged in the entertainment industry is a specific point in the case of protection and enforcement of these rights. The following is an insight into this multi-tiered edifice. 

Fundamental rights enshrined in the Constitution of India

At the outset, we mentioned the basic rights of children in the previous section. The Constitution of India, in particular under Part III, dealing with Fundamental Rights, has long acknowledged these rights. These are inviolable rights. The following are the articles that specifically protect the rights of children, amongst others.

  • Article 21: Protection of life and personal liberty: This is the most basic human right that has been accorded and has been interpreted by the Constitutional Courts in India. This protects a gamut of rights, like the right to privacy and the right to conditions that make a child survive and develop with dignity, free of discrimination of any kind. 
  • Article 21 A: Right to education: This right directs the state to provide free and compulsory education to all the children between the ages of six and fourteen. The education provided should be quality education and without any discrimination.
    Article 23: Prohibits traffic in human beings and forced labour
  • Article 24: Prohibits employment of children below the age of fourteen in hazardous occupations in factories. 
  • Article 39(e) [Directive Principles of State Policy]: Specifically directs the state to the health and strength of not only grownups, men, and women but also specifically children.
  • Article 39(f): Directs the State to provide children with the opportunity to grow in a healthy manner, with freedom and dignity. Further directs the state to afford protection to the children against exploitation.

Thus, the first four of the above rights are inalienable rights that the children have under the constitutional scheme, while the last two of the list are guiding principles for the state to ensure the same. Further, the international conventions and charters on children’s rights that India is signatory to are also in sync with the ideas that the Constitution enunciates.

Statutory protection and regulation of the children’s rights in India

India has enacted and enforced some important laws for the protection and regulation of child rights, some of which are directed specifically to children engaged in the entertainment industry. 

The Child And Adolescent Labour (Prohibition And Regulation) Act, 1986

This is the principal legislation for the protection and regulation of the rights of children, with a particular section dedicated to the children (minors) engaged in the entertainment industry in different ways. Some of the salient features are as discussed below. 

  • The act initially held all those under the age of eighteen to be children and worked equally for all. However, with the amendments brought in 2016, in light of the children’s right to education being a fundamental right, and so amended the Constitution of India to that effect. This necessitated the classification of the minors into two groups. One, called children, and the other, adolescents. The former consists of those under the age of fourteen, while the latter consists of those between the ages of fourteen and eighteen. This change is reflected in the title of the act as well, which clearly spells out this change.
  • The act, in its present form, prohibits anyone considered a child from any work, while the adolescents are prohibited from working in any occupation considered hazardous as per the schedule of the act.
  • Section 3(b) and the explanations provided make a specific exception to the children and adolescents engaged in the entertainment industry. However, this is under the strict condition that the children’s fundamental right to education is not hampered in any way.
  • The act not only provides for the protection and regulation of rights of children and adolescents but also directs the state to accomplish this aim with measures as provided in Part III of the Act. 
  • The violations under the act draw actions like fines and penalties as well as, in the case of repeat offenders, imprisonment as well.
  • The Act provides for financial support to those whose rights have been violated. This is done through the constitution of a Child and Adolescent Rehabilitation Fund under section 14 B of the act. This is in pursuance of the directions of the Supreme Court of India following the MC Mehta vs. State of Tamil Nadu.

The Commissions for Protection of Child Rights Act, 2005

To monitor and efficiently execute the protection guaranteed to the rights of children, under the provisions of the Child and Adolescent Labour (Prohibition and Regulation) Act 1986 and other laws in force for the protection of children’s (minors’) rights, this statute was brought into force in the year 2006. The following, in brief, are the key features of this legislation:

  • Section 3 of the Act directs the Central Government for the constitution of a body called the National Commission for the Protection of the Child Rights (NCPCR).
  • The NCPCR, as per Sections 13 and 14 of this Act, has powers to monitor, enquire, review, and recommend to the government or the authority liable to take necessary action where the protection of the rights of children is found wanting. Further, it can recommend corrective action in the instances where violations of the rights of children have taken place. It has powers to take suo moto notice of matters relating to the issues of child rights.
  • The NCPCR is at the central level; however, the Act provides under Section 17 for the creation of State Commissions as well with similar powers.
    The second important feature is providing speedy adjudication and trial of the matters relating to child rights. Section 25 of the Act provides for the constitution of the Children’s Court. 
  • The NCPCR has issued detailed guidelines for the children and adolescents engaged in the entertainment industry.
  • Being a signatory to the Convention on Child Rights in 1992, India aligned its protection and regulation mechanisms to the requirements of the international convention using the provisions of this enactment.

The Juvenile Justice (Care And Protection Of Children) Act, 2015

  • This enactment is a comprehensive special legislation dealing with the children (defined as all those under the age of eighteen years) not only in conflict with law but to provide, to a large section of children whose rights have been violated or are in danger of being violated care, rehabilitation, reintegration into the society.
  • The interest of the children is the paramount aim of this act when  resolving such conflicts through the process of law where children are involved. 
  • This manner of adjudication keeps the mandate of the fundamental and constitutional rights of children enshrined under the Constitution of India but are also in line with the fulfilment of India’s obligations under the Convention on Child Rights which India acceded to in 1992.   
  • This Act provides for a detailed mechanism for the adjudication and resolution of issues starting at the district level in each State. Also at various levels the mechanism ensures the interests of children in need remain above all. The Juvenile Justice Boards, the thorough requirement of the social investigation report.

The Protection Of Children From Sexual Offences Act, 2012 

This is special legislation enacted to deal with the sexual abuse of the children. This is penal legislation and in case the accused are found guilty, they are to be dealt with in the most severe manner.

The Right Of Children To Free And Compulsory Education Act, 2009

This fulfils the requirements of the 86th constitutional amendment brought into the fundamental rights in 2002. This fundamental right, now enshrined under Article 21 A of the Constitution, mandates that the children under the ages of six and fourteen be provided free and compulsory education. The Right to Education Act 2009 was enacted to provide the statutory right corresponding to the fundamental right under article 21A.

NCPCR guidelines for the children in entertainment industry

  • These guidelines, in pursuance of the legislation described in the previous section, clearly provide how the children and adolescents involved in the entertainment industry should be catered to, including the procedure that needs to be followed. The production house engaging the child or adolescent should ensure the following:
  • The content should be appropriate for the child or adolescent to participate in, with the physical, mental and psychological level of development of the participant. In fact, it should not be detrimental to any of these aspects of the child. 
  • Emphatic no to any content that is in line with child pornography. 
  • No content with the children can be created that has any intoxicants or substances that can be abused, including tobacco, psychotropics or narcotic substances, and alcohol. 
  • No participation can be forced on the child or adolescent without their will. 
  • At least one of the parents of children should be present with them during the work. No travel arrangements be made without a parent or guardian accompanying the child.
  • The production should depute a responsible person per five children while the work continues to tend to their needs.
    All those who will be working with the children should be medically tested before.
  • The guidelines provide the hours that the child or adolescent can work for at a stretch. Regular breaks are given.
  • It should be seen that the children’s education is not adversely impacted.
  • At least twenty percent of what is earned by the child or adolescent through the production be deposited in their name in a fixed deposit account. This money is to be utilised for the child’s welfare.
  • These guidelines are applicable to not only audiovisual production through films and music, but areas like social media, news, and media, as well as advertising, fall under the scope of these guidelines.
  • The District Magistrate, through the deputed inspector, can have a periodic inspection of the work area and check if all the guidelines are followed. Failure to comply will attract penalties.
  • Before the production commences, the production house should have the child artist registered and provide all the details in the manner provided under the Form C Child Labour (Prohibition and Regulation) Amendment Rules, 2017.

Criticism

These guidelines, although exhaustive, have come under some criticism. Some of the experts have tried to bring the rigidity of these to the fore. Although the vires of these are yet to be tested, some have tried to argue that the NCPCR has not given the needs of the entertainment industry its due. Also, the multiplicity of authorities has somehow come in the smooth execution. 

In the end, the children and minors are the future of any society. To safeguard their interests and welfare, a lot of steps through a strong and robust legal framework have been established.

References

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