RIGHT AGAINST EXPLOITATION-ARTICLE 23 TO 24

Table of Contents

INTRODUCTION

In this Blog, you will get to know all about the right against exploitation and its implications. It is an important Fundamental Right that guarantees every citizen protection from forced labor.

ARTICLE- 23 Prohibition of traffic in human beings and forced labour

(1) 
Traffic in human beings and begar and other similar forms of forced labour are 
prohibited and any contravention of this provision shall be an offence 
punishable in accordance with law. 
(2) Nothing in this article shall prevent the State from imposing 
compulsory service for public purposes, and in imposing such service the State 
shall not make any discrimination on grounds only of religion, race, caste or 
class or any of them

Exploitation implies the misuse of others’ services by force and/or labour without payment.
Many marginalized communities in India were forced to engage in manual and agricultural labour without any payment.

Labour without payment is known as begar.
Art. 23 forbids any form of exploitation.
Also, one cannot be forced to engage in labour against his/her will even if remuneration is given.

Forced labour is forbidden by the Constitution. It is considered forced labour if a less-than-minimum wage is paid.
This article also makes ‘bonded labour’ unconstitutional.
Bonded labour is when a person is forced to offer services out of a loan/debt that cannot be repaid.

The Constitution makes coercion of any kind unconstitutional. Thus, forcing landless persons into labour and forcing helpless women into prostitution is unconstitutional.
The Article also makes trafficking unconstitutional.
Trafficking involves the buying and selling of men and women for illegal and immoral activities.

Even though the Constitution does not explicitly ban ‘slavery’, Article 23 has a wide scope because of the inclusion of the terms ‘forced labour’ and ‘traffic
Art. 23 protects citizens not only against the State but also private citizens.
The State is obliged to protect citizens from these evils by taking punitive action against perpetrators of these acts (which are considered crimes), and also taking positive actions to abolish these evils from society.

Under Art. 35 of the Constitution, the Parliament is authorized to enact laws to punish acts prohibited by Art. 23.
Clause 2 implies that compulsory services for public purposes (such as conscription to the armed forces) are not unconstitutional.
Laws passed by the Parliament in pursuance of Article 23:Suppression of Immoral Traffic in Women and Girls Act, 1956

Bonded Labour System (Abolition) Act, 1976

ARTICLE – 24 Prohibition of employment of children in factories, etc

No child 
below the age of fourteen years shall be employed to work in any factory or 
mine or engaged in any other hazardous employment

This Article forbids the employment of children below the age of 14 in any hazardous industry or factories or mines, without exception. However, the employment of children in non-hazardous work is allowed.

Laws that were passed in pursuance of Article 24

The Mines Act of 1952

The Factories Act, of 1948
The Child Labour (Prohibition and Regulation) Act, 1986
Child Labour (Prohibition & Regulation) Amendment Act, 2016

Child Labour (Prohibition and Regulation) Amendment Rules, 2017

FAQ

What is the right to equality?

The right to equality is guaranteed by the Constitution in Articles 14 – 18. It provides for the equal treatment of everyone before the law, prevents discrimination on various grounds, treats everybody as equals in matters of public employment, and abolishes untouchability, and titles (such as Sir, Rai Bahadur, etc.)

What does the right against exploitation say about child Labour?

Article 24 says that “No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.” The fundamental right against exploitation guaranteed to all citizens prohibits child labour in mines, factories, and hazardous conditions.