Right Against Exploitation in the Indian Constitution – Articles 23-24

Introduction

The right against exploitation, as enshrined in Articles 23 and 24 of the Indian Constitution, serves as a bulwark against various forms of exploitation and abuse. These articles prohibit trafficking in human beings, forced labor, and child labor. They emphasize the importance of human dignity and the need to protect vulnerable groups from exploitation and coercion. These provisions underscore the commitment of the Indian state to safeguarding the rights and dignity of all individuals, particularly the most vulnerable members of society.

Article 23: Prohibition of Traffic in Human Beings and Forced Labour

• Article 23 says traffic in human beings and beggars and other similar forms of forced labour are prohibited.
• Any contravention of this provision shall be an offence punishable by law.
  • It aims to eliminate practices that exploit and oppress individuals, especially those from vulnerable segments of society. 
  • It is founded on the principles of equality, justice, and the preservation of human rights.
  • This right is available to both citizens and non-citizens.
• It is available against both the State and Private persons.
  • Exception: Article 23 permits the State to impose compulsory service for public purposes. 
  • Example: Military or social service, for which it is not bound to pay (However, no discrimination on religion, race, caste or class)
• Traffic in Human Beings: It means selling and buying of men, women and children like goods; Immoral traffic in women and children; prostitution; Devadasis; Slavery.
  • To combat trafficking, forced labor, and other forms of exploitation, the Indian government has enacted laws like the Immoral Traffic (Prevention) Act and the Bonded Labor System (Abolition) Act, providing legal frameworks to address these offenses.
• Meaning of Terms:
  • Begar: means compulsory work without remuneration.
  • Forced Labour: means compelling a person to work against his will.
    • Force includes physical, legal and economic compulsion.
  • Note: The ’Age’ is not mentioned in Article 23.
• Vishal Jeet v. Union of India (1990): SC held that the right to receive timely and fair wages is an essential component of the prohibition on forced labor under Article 23, Also delayed payment or non-payment of wages could be considered as forced labor, violating the constitutional rights of workers.

Article 24: Prohibition of employment of children in factories, etc.

• Article 24: Prohibits the employment of children (below the age of 14 years) in any factory, mine or other hazardous activities like construction work or railway.
  • It does not prohibit their employment in any harmless or innocent work.
• Aim: Its objective is to safeguard the rights and well-being of children by prohibiting their employment in specific hazardous occupations or processes.
• Authority to Regulate: This article also grants the government the authority to pass legislation identifying particular occupations and processes deemed hazardous for children. 
  • It empowers the government to impose essential restrictions and regulations to ensure the effective enforcement of this provision.
• Interconnection between Article 24 and Article 21A: Article 24 is closely linked to Article 21A, which guarantees the right to education for children between the ages of 6 and 14 years. 
  • By prohibiting child labor, Article 24 promotes the realization of the right to education and ensures that children have the opportunity to develop their potential and skills through proper schooling.

Government Initiatives:

• • Commissions for Protection of Child Rights Act, 2005: Enacted to provide for the establishment of National and State Commissions for Protection of Child Rights and Children’s Courts for providing speedy trial of offences against children or of violation of child rights.
  • Supreme Court: Directed the establishment of the Child Labour Rehabilitation Welfare Fund.
  • Legislative Action: In 2006, the government banned the employment of children as domestic servants or workers in business establishments like hotels, dhabas, restaurants, shops etc. 
    • Anyone employing children below the age of 14 years will be liable for prosecution and penal action.
• Child Labour Amendment (2016)
  • This act amended the Child Labour (Prohibition and Regulation) Act, 1986.
  • Amended the Child Labour (Prohibition and Regulation) Act, 1986 (Earlier it was 18 years)
  • Banned the Child Labour: prohibits the employment of children below 14 years in all occupations and processes.
    • Prohibits the employment of adolescents (14 to 18 years of age) in certain hazardous occupations and processes.
  • More Stringent Punishment: 6 months to 2 years imprisonment or fine of 20,000 to 50,000 or both.

• M.C. Mehta v. State of Tamil Nadu (1997): SC addressed the issue of child labor in the firecracker industry. 
  • The court banned the employment of children in hazardous industries, such as firecracker manufacturing, stressing the significance of implementing Article 24 to safeguard children’s rights and well-being. 
  • It instructed the government to undertake essential measures to eliminate child labor.

Conclusion

• The right against exploitation, enshrined in Articles 23 and 24 of the Indian Constitution, serves as a crucial safeguard against various forms of abuse and oppression. 
• These articles prohibit practices such as trafficking, forced labor, and child labor, aiming to protect the dignity and rights of individuals, particularly vulnerable groups. 
• Through legal frameworks and enforcement measures, Article 23 and 24 underscore the commitment of the Indian state to combat exploitation and ensure the welfare of all citizens.

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