Right Against Exploitation under Articles 23 and 24
Right Against Exploitation under Articles 23 and 24 of the Indian Constitution
1. Introduction
The Right Against Exploitation is a fundamental right guaranteed under Part III of the Indian Constitution (Fundamental Rights). It seeks to protect individuals from exploitation in various forms such as forced labor, human trafficking, and child labor.
2. Constitutional Provisions
Article 23: Prohibition of Traffic in Human Beings and Forced Labor
Clause (1): Prohibits traffic in human beings and begar (forced labor), as well as other similar forms of forced labor.
Clause (2): Explains that any contravention of this provision shall be an offense punishable in accordance with the law.
In essence:
Traffic in human beings,
Forced labor,
Begar (a form of forced, unpaid labor),
are all prohibited and punishable.
Article 24: Prohibition of Employment of Children in Factories, etc.
Prohibits the employment of children below the age of 14 years in any factory, mine, or any hazardous employment.
This provision protects children from exploitative and hazardous labor.
3. Objectives of Articles 23 and 24
To safeguard human dignity and prevent exploitation of vulnerable individuals.
To prohibit human trafficking and slavery-like practices.
To eliminate forced and bonded labor.
To protect children from hazardous and exploitative labor.
To promote social justice and human rights.
4. Key Features
Absolute prohibition: Traffic in persons and forced labor are absolutely prohibited.
Child labor protection: Employment of children below 14 in hazardous industries is strictly forbidden.
Punishment: The Constitution mandates that violation of Article 23 shall be an offense.
No suspension: These rights cannot be suspended even during a National Emergency.
5. Legislative Measures
Based on these articles, India has enacted several laws including:
The Bonded Labour System (Abolition) Act, 1976
The Child Labour (Prohibition and Regulation) Act, 1986
The Immoral Traffic (Prevention) Act, 1956
The Juvenile Justice (Care and Protection of Children) Act
6. Important Case Laws
a) Bandhua Mukti Morcha v. Union of India (1984)
This case dealt with the bonded labor system, a form of exploitation prohibited under Article 23.
The Supreme Court held that bonded labor is a gross violation of fundamental rights and directed the government to identify and liberate bonded laborers.
The Court expanded the scope of Article 23, emphasizing state responsibility in eradicating exploitation.
b) People’s Union for Democratic Rights v. Union of India (1982)
The Court struck down exploitative labor practices in building and construction industry, where workers were subjected to inhuman conditions.
Reinforced that exploitation in labor violates Articles 23 and 24.
Highlighted that fundamental rights protect workers’ dignity.
c) M.C. Mehta v. State of Tamil Nadu (1996)
This case addressed child labor in hazardous industries.
The Supreme Court banned the employment of children in hazardous occupations, reaffirming Article 24.
Ordered rehabilitation and education of affected children.
d) Vishaka v. State of Rajasthan (1997)
Though primarily about sexual harassment, the case emphasized right to life and dignity, which aligns with the protections under Article 23.
7. Scope and Interpretation
Traffic in human beings includes trafficking for prostitution, labor, or other forms of exploitation.
Forced labor or begar means any work extracted from a person against their will under coercion.
Article 23 also applies to commercial sexual exploitation.
Article 24 prohibits child labor in hazardous sectors, but the employment of children in non-hazardous work may be regulated, not completely banned.
Courts have interpreted these provisions broadly to protect human dignity.
8. Social and Legal Impact
These Articles form the constitutional backbone of anti-trafficking and anti-child labor laws.
The judiciary has been proactive in ensuring implementation and holding governments accountable.
Despite constitutional safeguards, enforcement remains a challenge due to social and economic factors.
Awareness and advocacy continue to evolve around these rights.
9. Summary
| Article | Provision | Purpose |
|---|---|---|
| Article 23 | Prohibits traffic in human beings, forced labor, begar | To prevent exploitation and protect dignity |
| Article 24 | Prohibits employment of children below 14 in hazardous industries | To safeguard children from exploitation and harm |
Conclusion
The Right Against Exploitation under Articles 23 and 24 is a vital constitutional guarantee protecting individuals, especially vulnerable groups like children and bonded laborers, from inhuman and exploitative practices. Through legislation and judicial activism, India strives to uphold these rights, promoting justice, equality, and human dignity.
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