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UI need some legal clarity on a situation with my Resident Welfare Association (RWA) in India.
My spouse and I are both working parents, and we have a 2-year-old toddler. For over a year, we have had a 16-year-old girl coming to our house to engage with our child. She plays with him, feeds him, changes his clothes, and puts him to sleep. She has developed a very strong bond with him—honestly, he is more comforted by her than even by his father sometimes. She is under the supervision of my parents since she is young.
However, today, my RWA stopped her at the gate, stating that since she is under 18, she cannot enter the society. Their reasoning? They believe it’s against child labor laws in India.
From my understanding, the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (Amended in 2016) states that:
Children below 14 cannot work. Adolescents between 14 and 18 can work, provided it’s not a hazardous occupation.
Babysitting in a home does not fall under the category of hazardous work. So, legally speaking, there should be no issue with her babysitting my child.
I tried explaining this to the RWA, but they are still refusing to let her in. They haven’t cited any specific legal provision—just an internal rule.
Do they have any legal standing to enforce such a rule?
Would a written consent letter from the girl’s parents help in this situation.
I really don’t want my toddler to lose the caregiver he loves, especially over what seems like a misinterpretation of the law. Looking for legal opinions on how to handle this!
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Bnot sure about law .. does babysitting fall under Labour law ..
can it be under part time work ??
What if you sign a contract with babysitter .. won’t the RWA be in trouble legally as they blocking the contract & right of gainfull employment..
as the babysitter is under parents supervision.. can’t the clause be included .. as she is under 18 ..
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MThe minimum legal age for employment is 14 years old; meaning no child below 14 can be employed outside family business/profession as per the Child Labour (Prohibition and Regulation) Act, 1986; individuals between 14 and 18 are considered “adolescents” and have restrictions on the types of work they can perform in hazardous industries.
Babysitting is not among those restrictions.
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Qmaybe the RWA would not be able to object if the 16 year old was dropped at your place by an elder and also picked up
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UA sixteen year old is legally able to work but she shouldn’t be.
Can you show proof that her compensation is contributing to her education fund for herself of some sorts?
Don’t say her meagre salary is to pay for that, let’s be real.
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UI don’t think I have proof to show.
I’ve motivated her many times to learn english and some basic math. She is unmotivated. Says there’s no need for education. No matter how much I try to persuade.
I spoke to my son’s preschool to allow her inside & thought she can learn too. They agreed. But she comes back home after dropping my toddler and spends her time on the mobile phone watching reels. The days we take the phone away to limit her screentime (goes up to 4 to 5 hours), she gets agitated.
I’ll probably be funding some part of her wedding.
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PI like that you questioned it. Human labor is so cheap in india that people have lost all sense of right or wrong. No one is paying them good pay in india.
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URWAs are free to make any rules or bylaws which affect the society. However they should not be in direct contradiction to Indian laws.
For example, they can make rules to decide who can enter and who cannot.
The best bet is to reason with the folks and make them understand that you are not engaging in child labour or any exploitation.
My guess is that maybe some residents in the society were having young kids as servants, and there might be legal complications. Usually the response in such cases by the RWA is to blanket ban everything. No one wants to get into hassle of finding out subtle differences between servant and babysitter.
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AWhat is RWA and do they even have the authority do this. Ask them to show proof of what they are saying or you will call the police for wrongful obstruction.
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UThey say that the police has instructed them to start this campaign.
I live in Ghaziabad. I would not be surprised if the half wit police did.
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ARWA is not a super owner.
The only business of the RWA is to manage the common area. They do not have the right to decide who comes in or goes out of your apartment.
The role of the security guard at the main gate is only to
1. Confirm with YOU whether to let the visitor in or not
2. Gather their identity.They have no right to scrutinise the purpose of visit. That’s a violation of your privacy.
You can invite minors or for that matter even prostitutes, gamblers or anyone else you fancy into your apartment. Any legal implications of the same falls on you alone and not the RWA. Technically, they do not even have the power to regulate visiting hours. What they can do is restrict lift access to some category of visitors such as delivery agents, which itself is a legal grey area (leaving aside the ethical angle of it).
Many people unfortunately surrender their rights to the RWA uncles, making RWA a super owner of their properties. Of course, standing your ground might involve friction with the RWA. If they remain adamant, the only recourse is filing a police complaint or court case against the RWA office bearers for unlawful restraint / blocking access to your home. But if enough apartment owners are legally aware and assert their rights, the RWA will be helpless to impose these petty-fascist rules.
Note: This applies only if you own the apartment. If you are renting, you may be subject to various restrictions as per the rental agreement. If the owner adds a clause in the rental agreement that you have to abide by the RWA rules, then there’s nothing much you can do about it.
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UThanks. This helps. So the first step for me would be to send RWA a notice, right?
I don’t think any other owners are aware of their rights, want to be aware or are ready to assert their rights.
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PThis is the right advice. The association is formed and registered by a set of articles. Ask for that document, read up what powers does your RWA have. Typically it’s fairly generic and I doubt this would fall under the articles unless someone explicitly included it.
Once you do that, send them a legal notice challenging their actions. Most likely they will back out and surrender but if the governing body has egoistic members they will find other ways to give you headaches. Pick your poison.
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UBtw they are not wrong, a 16 year old is not mentally mature enough to take care of a child. For instance google search about it.
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U16 years is quite mature. She has 3 younger siblings herself.
Here’s what ChatGPT had to say:
Yes, a 16-year-old is generally capable of babysitting a 2-year-old during the daytime, especially with grandparent supervision. Research from the American Red Cross and AAP (American Academy of Pediatrics) suggests that teenagers 14 and older can responsibly babysit, provided they have the right training in childcare, first aid, and emergency response. The presence of experienced adults (grandparents) adds an extra layer of safety, making this arrangement reasonable. However, factors like the teen’s maturity, experience, and comfort level with toddlers should also be considered.
We have given her basic emergency response training (what to do if the child is choking, acting weird or has hit his head etc.). I have cameras to watch and just a call away.
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CHi OP, I am only going to provide a solution to your issue. There are no laws prohibiting anyone to work as a babysitter regardless of age. However, as per labour law, min age is 14 years.
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File a FIR(criminal restraint/intimidation) against the person/persons who restraint her. She is 16 yrs, hence minor, so police themselves might add POCSO against them.
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Hope it helps. -
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