Correct Answer: C. Children under 14 years of age must not be employed in factories
The Factories Act, 1948 is India's primary legislation governing working conditions in factories and protects child labor through strict age-based restrictions. The absolute prohibition on employment of children under 14 years is the cornerstone of child protection in Indian factories. This aligns with the Indian Constitution (Article 24) which forbids employment of children below 14 years in hazardous occupations and processes. The Act defines a "child" as any person who has not attained 15 years of age. The rationale is that children below 14 lack physical and mental maturity to work in factory environments with machinery, chemicals, and occupational hazards. This provision is non-negotiable and forms the legal foundation for child labor prevention in India's industrial sector. The Act does permit employment of adolescents aged 15-18 years under strict conditions (limited hours, no night work, mandatory health surveillance), but children under 14 are completely barred. This is a high-yield fact for PSM examinations as it tests knowledge of Indian labor law and occupational health regulations.
Why the other options are wrong
A. The maximum working hours for an adult is 72 hours per week — This is incorrect. The Factories Act stipulates a maximum of 48 hours per week for adult workers, not 72 hours. The Act also mandates at least one rest day per week. While overtime is permitted up to 50 hours per week (making total 98 hours), the standard working week is capped at 48 hours. This option confuses the overtime limit with the standard weekly maximum. B. A child of 16 years can be employed only between 6 AM and 8 PM — This is incorrect. Adolescents aged 15-18 years (classified as 'young persons') are prohibited from working between 7 PM and 6 AM (night work restriction). They can work between 6 AM and 7 PM only. The option reverses the restriction—it states they can work until 8 PM, which violates the night work prohibition. This is a common NBE trap confusing the permitted hours with prohibited hours. D. A child of 16 years can work till 5 hours per day — This is incorrect. Adolescents aged 15-18 years can work up to 8 hours per day (or 48 hours per week), not 5 hours. The 5-hour limit applies to children aged 15 years (the minimum age for employment), not 16-year-olds. This option understates the permissible working hours and confuses age-specific regulations, creating confusion between different adolescent age groups.
High-Yield Facts
- Children under 14 years: Absolutely prohibited from employment in factories under the Factories Act, 1948 and Indian Constitution Article 24.
- Young persons (15-18 years): Can work maximum 8 hours per day, 48 hours per week, with mandatory rest days and no night work (7 PM to 6 AM).
- Adult maximum working hours: 48 hours per week standard; overtime permitted up to 50 hours additional per week.
- Health surveillance: Mandatory medical examination before employment and periodically for all factory workers, especially young persons.
- Hazardous processes: Children and young persons are prohibited from working with toxic substances, machinery without guards, and processes listed in Schedule 1 of the Act.
Mnemonics
Child Labor Age Cutoff (14-15-18 Rule) 14: Absolute ban (no employment). 15: Minimum age for employment (5 hrs/day, day work only). 18: Full adult status (8 hrs/day, overtime allowed). Use this to quickly eliminate options about 16-year-olds working 5 hours or adults working 72 hours. Night Work Prohibition (7 PM to 6 AM) Young persons (15-18) cannot work 7 PM to 6 AM. Remember: 7-to-6 is a no-go. This eliminates options claiming 8 PM work is allowed.
NBE Trap
NBE pairs age 16 with incorrect working hour limits (5 hours or 8 PM end time) to trap students who confuse regulations for different adolescent age groups (15 vs. 16-18) or who reverse the night-work prohibition hours. The correct answer (age <14 ban) is often overlooked when students focus on the more complex adolescent regulations.
Clinical Pearl
In Indian industrial settings, the <14 year ban is strictly enforced through factory inspections and DOPT guidelines, yet child labor persists in unorganized sectors (brick kilns, textile units). NEET PG candidates must distinguish between organized factory regulations and the broader child labor landscape in India—the Factories Act applies only to registered factories, not informal workshops.
_Reference: Park's Textbook of Preventive and Social Medicine (Ch. Occupational Health), Factories Act 1948 (Sections 67-72 on child and young person employment)_