Bonded Labour (Abolition) Act 1976 is a more stringent and effective law as under this law, bondage is a cognizable offence and the offender can be arrested. Under this police cannot give bail to the culprit and it will be given by the Magistrate. More importantly, under the Bonded Labour Act, children and adults are entitled for a rehabilitation package under the Centrally Sponsored Scheme for Rehabilitation of Released Bonded Labourers. Children, who have been released under this law, are to be compulsorily enrolled in schools. Further, parents who are given rehabilitation package of Rs. 20,000 worth of earning assets, have to ascertain that the children are retained in the school.
The Juvenile Justice (Care and Protection of Children) Act 2000 gives special emphasis on rehabilitation and social reintegration of children and the alternatives provided for this are adoption, foster care, sponsorship and after care. This Act covers many aspects of exploitation however, once the children are repatriated back to their homes, follow-up becomes cumbersome and if there is no sustained involvement of police and other divisions, then the raid and rescue operations becomes a lost opportunity.
However, Child Labour (Prohibition and Regulation) Act is not a very strong deterrent and has several loopholes including the differentiation between hazardous and non-hazardous industries and work. It does not prohibit child labour per se, nor does it set a minimum age for the employment of children. Instead it regulates the hours and conditions of work for child labourers, while prohibiting the employment of children in certain occupations and processes, namely 57 are listed as hazardous and child labour is prohibited in them up to 14 years of age. But family child labour is accepted, so in most cases the employers masquerading as relatives evade conviction. Another impediment in the Child Labour Law is since birth registration is not prevalent in rural areas; most children are unaware of their ages. In most cases, with no medical proof to establish the correct age of children by police, the benchmark of 14 years becomes ambiguous. The Child Labour Act is effective only when action and rehabilitation package of Rs. 25,000 is given to the released children for their education, in view of the December 1996 judgement.