NEW DELHI: Enrolling child artists with the district magistrates, disclaimer specifying measures against abuse during shoots, timely wages, no disruption of studies and safe working conditions are among some of the provisions of draft regulatory guidelines by the National Commission for Protection of Child Rights (NCPCR) for children working in the entertainment industry.
The rights body, which has described children engaged in the entertainment industry as child labour, has also included penalities and punishments if the producer, parents or legal guardians are found to be violating child labour rules.
The penalties include imprisonment for a term not less than six months but which may extend to two years, or with a fine which shall not be less than Rs. 20,000, which may extend to Rs. 50,000, or with both. It shall also be considered a cognizable offence as per Section 14 and Section 14A of the Child and Adolescent Labour Act, 1986.
One of the most important proposals is that all child artists, including singers and sportspeople, should be registered with the district magistrate (DM) and that there should be periodic inspections undertaken under Section 17 of the Child Labour and Adolescent Act, 1986.
The guideline has also proposed that any producer of any audio-visual media production or any commercial event involving the participation of a child shall also ensure that screening of all films, television programmes, advertisements, reality shows, OTT platforms and social media platforms, 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.
It also said that the DM shall, if required, instruct the District Child Protection Unit (DCPU) to conduct an inspection of the workplace, and accordingly issue a permit to the producer, which will be valid only for six months.
According to NCPCR Chairperson Priyank Kanoongo, the need for framing guidelines was felt especially for children involved in films, TV, reality shows, OTT platforms, news and content creation for social media websites keeping in mind their vulnerability and to ensure a healthy work environment for them with minimal physical and psychological stress.
“In the absence of any monitoring mechanism, the children in the industry are at grave risk of exploitation because they lack the legal right to the earnings they generate, or safe working conditions and adequate protections via labour laws,” he said.
The draft guidelines said that by participating in an adult-oriented industry, children are often exposed to unsuitable, anxiety-inducing, and at times, dangerous operational hazards and situations.
“Many of these problems may be inherent and generic to the industry, but children, unlike their adult counterparts, should not be expected to handle the emotional and physical stress. Apart from the industry-specific risks, the children are also susceptible to a plethora of other crimes against children such as sexual exploitation, child trafficking, bonded labour,” it added.
It mentions in detail the content and the role the child should be cast in so that he/she does not feel embarrassed or distressed. The other provisions include that a child should not be shown as taking alcohol, smoking or using any other substance. They should not be engaged in a situation involving nudity.
The 18-page draft guidelines, which were developed in consultation with a committee that included prominent personalities from the entertainment industry and officials of the concerned ministry, were uploaded on the NCPCR website for public comments.
Guidelines mandate