Right Against Exploitation: Protecting Dignity and Freedom
The Indian Constitution, in its commitment to social justice and human dignity, enshrines the 'Right Against Exploitation' under Articles 23 and 24. These articles are crucial safeguards designed to protect individuals, particularly the vulnerable, from various forms of forced labor and exploitation.
Article 23: Prohibition of Traffic in Human Beings and Forced Labour
Article 23(1) unequivocally prohibits traffic in human beings, which includes the buying and selling of men, women, and children for immoral or other purposes. It also prohibits 'forced labour' (Veth) in any form. Forced labour refers to a situation where a person is compelled to work against their will, often under threat of penalty, and without adequate remuneration.
Forced labour is a broad concept encompassing various forms of involuntary servitude.
This includes bonded labour, where individuals are forced to work to repay a debt, and other forms of compulsory service.
The Supreme Court has interpreted 'forced labour' broadly to include situations where a person is forced to work for less than the minimum wage, or where the working conditions are exploitative. The prohibition applies to all citizens and is a fundamental right against the state and private individuals. However, Article 23(2) makes an important exception: the State can impose compulsory service for public purposes, such as military conscription or social service, without discrimination on grounds of religion, race, caste, or class. This compulsory service must be for a public purpose and the state cannot discriminate while imposing it.
Article 24: Prohibition of Employment of Children in Factories, etc.
Article 24 addresses the exploitation of children. It states that no child below the age of fourteen years shall be employed in any factory or mine or engaged in any other hazardous employment. This is a strict prohibition aimed at protecting children from engaging in work that is dangerous to their life and limb, and which can hinder their physical, mental, and moral development.
The 'hazardous employment' clause is broad and can be extended by law to include other dangerous occupations beyond factories and mines.
The Right Against Exploitation is a cornerstone of social justice in India, prohibiting forced labour (Article 23) and child labour in hazardous occupations (Article 24). Article 23 forbids traffic in human beings and 'Veth' (forced labour), allowing for compulsory service for public purposes. Article 24 prohibits employing children under 14 in hazardous jobs. These rights are crucial for upholding human dignity and ensuring a safe environment for all citizens, especially the vulnerable.
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Key Legislation and Judicial Pronouncements
Several laws have been enacted to give effect to these constitutional provisions, including the Bonded Labour System (Abolition) Act, 1976, and various child labour prohibition and regulation acts. Judicial pronouncements have played a vital role in expanding the scope and enforcement of these rights, ensuring that the spirit of the constitution is upheld.
Articles 23 and 24 of the Indian Constitution.
Traffic in human beings and forced labour (Veth).
Children below the age of fourteen years.
Learning Resources
Direct access to the official text of Fundamental Rights, including the Right Against Exploitation, providing the foundational legal understanding.
A clear and concise explanation of Articles 23 and 24, detailing the scope of forced labour and child labour prohibitions with relevant examples.
An overview of all Fundamental Rights, placing the Right Against Exploitation within the broader context of constitutional protections.
The primary legislation enacted to abolish the bonded labour system, providing details on its implementation and penalties.
The key legislation that prohibits and regulates the employment of children in certain occupations and processes.
Access to Supreme Court judgments, which are crucial for understanding the judicial interpretation and expansion of the Right Against Exploitation.
A comprehensive explanation of human trafficking, its forms, and global efforts to combat it, providing context for Article 23.
Information from the International Labour Organization on the definition, prevalence, and international standards concerning forced labour.
A video lecture specifically tailored for UPSC aspirants, explaining the Right Against Exploitation with a focus on exam-relevant details.
An overview of children's rights in India, including protections against exploitation, offering a broader perspective on Article 24.