By Copyright Infringement, Intellectual property, Litigation, Performer's Rights
Regulations for Child Artists in India

Regulations for Child Artists in India is another angle of performer’s rights protection . Performance of Child Artists is a regulated area where the Producers have to comply to certain norms, ensuring overall well-being of the child artists.

The Indian Constitution, under Articles 15, 21, 24, 39 and 45 accords special status to children and has guaranteed them exclusive constitutional rights, and is the Grundnorm for every law enacted for the benefit of children in the country.

Although several laws are in place, to practice various regulation or rule for protection of the child artists in the adult dominated industry. Hence, the National Commission for Protection of Childs Rights has observed the need to frame guidelines especially for the children who are involved in films, TV, reality shows, OTT 2 platforms, news and content creation for social media websites so that there may be some sort of easily comprehensible procedure in one place for all the stakeholders involved in order to make them aware of the repercussions of violating any right of the child, and also that the concerned authorities are aware of their respective duties towards children in this field.

Some important compliances are:

  1. Work should not interfere with their education.
  2. Work hours should be limited to ensure they are not exploited or overworked.
  3. Protecting child artists in difficult circumstances
  4. Stipulates that child welfare committees should oversee their well-being.
  5. A Child Welfare Officer must be appointed on the set to monitor the child’s safety.
  6. A maximum of permitted work hour with intermediate breaks.
  7. Saving a portion of the earnings of the child artist into his/ her savings bank account until artist becomes major.
  8. Permission from appropriate Authority before engaging a child artist.
  9. Continuity of Education
  10. No enactment in inappropriate scenes are permitted which may be detrimental to mental health.
  11. Ensure a child-friendly environment on set.
  12. Provide proper rest, nutrition, and education facilities.
  13. Avoid content that may harm the child’s physical or emotional well-being.

These regulations aim to strike a balance between allowing children to pursue their talents and safeguarding their rights and development. Violations can result in legal penalties, including fines and imprisonment.

Source: High Court Calcutta,  Swarupa Ghosh Law Chamber, https://wcd.gov.in/, IPINDIA