Article 23 and 24 – Right against Exploitation

The Right Against Exploitation, established as a fundamental right within the Indian Constitution, is essential for upholding human dignity, liberty, and social justice. This right serves as a protective mechanism, safeguarding individuals from the perils of forced labor, human trafficking, and the exploitation of children.

Synopsis: 

1. Introduction
2. Right Against Exploitation in India
3. Article 23 – Prohibition of traffic in human beings and forced labour
4. Article 24 – Prohibition of employment of children in factories, etc.
5. Significance of Right Against Exploitation
6. Related Acts
7. Conclusion

1. Introduction
   
   The Right Against Exploitation, recognized as a fundamental right within the Indian Constitution, is essential for upholding human dignity, freedom, and social justice. This right serves as a protective measure against the perils of forced labor, human trafficking, and the exploitation of children. It is a core human right designed to shield individuals from various exploitative practices that undermine human dignity. The fundamental purpose of this right is to ensure the dignity, freedom, and welfare of all individuals, especially those in vulnerable positions, by preventing them from experiencing coercion, abuse, or dehumanization.
   
2. Right Against Exploitation in India
   
   The Right Against Exploitation constitutes a Fundamental Right as established in the Constitution of India. The comprehensive stipulations regarding this right, articulated in Articles 23 and 24, act as a safeguard against multiple forms of exploitation. Collectively, these provisions are designed to protect the rights and dignity of individuals while promoting the ideals of social justice.
   
3. Article 23 – Prohibition of traffic in human beings and forced labour
   
   Article 23(1) explicitly prohibits the trafficking of human beings, as well as various forms of forced labor, including begging and similar practices. Any infringement of this provision constitutes an offense that is subject to legal penalties.
   
   Article 23(2) clarifies that this article does not hinder the State from mandating compulsory service for public objectives. In implementing such service, the State is required to ensure that no discrimination occurs based solely on religion, race, caste, or class.
   
   This provision serves to outlaw human trafficking and all forms of forced labor, such as begar and bonded labor. Violations of this provision are deemed offenses punishable under the law. The rights enshrined here are applicable to both citizens and non-citizens, offering protection against actions not only by the State but also by private individuals.
   
   Human Trafficking : The term “human trafficking” encompasses a range of activities, including the sale and purchase of individuals—men, women, and children—as commodities, as well as immoral trafficking involving women and children, such as prostitution, the devadasi system, and slavery. To address these issues, the Parliament has enacted the Immoral Traffic (Prevention) Act of 1956.
   
   Forced Labor : The concept of “forced labor” refers to the coercion of individuals to work against their will, utilizing physical force, legal compulsion, or economic pressure, such as requiring individuals to work for less than the minimum wage. Examples of forced labor include begar and bonded labor. The term “begar” specifically denotes a form of forced labor that was historically practiced in India during the Zamindari System, where local zamindars compelled their tenants to provide services without any form of payment or compensation.
   
   The Parliament has enacted several laws aimed at prohibiting and penalizing different forms of forced labor, including the following: the Bonded Labour System (Abolition) Act of 1976, the Minimum Wages Act of 1948, the Contract Labour Act of 1970, and the Equal Remuneration Act of 1976.
   
   Exception : wherein the state may mandate compulsory service for public purposes, such as military or social service, without the obligation to provide compensation. Nonetheless, in the implementation of such compulsory service, the state is prohibited from exercising discrimination based solely on religion, race, caste, or class.
   
4. Article 24 – Prohibition of employment of children in factories, etc.
   
   Article 24 stipulates that the employment of individuals under the age of fourteen in factories, mines, or any other hazardous occupations is strictly prohibited. This provision unequivocally bans the engagement of children in such perilous environments, without any exceptions. Nevertheless, it permits the employment of minors in non-hazardous roles.
   
5. Significance of Right Against Exploitation
   
   1. Safeguarding Human Rights – The right to protection against exploitation serves to shield individuals from various exploitative practices, thereby upholding their essential rights and dignity.  
   2. Combating Human Trafficking – By outlawing the trafficking of individuals, this right plays a critical role in thwarting the unlawful and unethical trade of persons for purposes such as forced labor and slavery.  
   3. Abolishment of Coerced Labor – This right seeks to eliminate practices of coerced labor, including bonded labor and begar, ensuring that individuals are not compelled to work against their will without appropriate compensation.  
   4. Protection of Minors – This right forbids the employment of children in dangerous jobs, safeguarding their physical, mental, and emotional health while ensuring their access to education and a nurturing childhood.  
   5. Advancement of Social Equity – By holding both governmental and private entities accountable for acts of exploitation, this right aids in the creation of a more just and equitable society.  
   6. Assistance for At-Risk Groups – It offers essential support and protection to at-risk populations, including women, children, and marginalized communities, who frequently face exploitation and abuse.  
   7. Encouragement of Fair Labor Standards – By prohibiting exploitative labor practices, this right promotes the establishment of ethical labor standards, advocating for fair treatment and just remuneration for all workers.  

6. Related Acts
   
   The Factories Act of 1948 represents the inaugural legislation enacted post-independence aimed at establishing a minimum age threshold for child labor in factories, setting this limit at 14 years. An amendment in 1954 further stipulated that individuals under the age of 17 were prohibited from night employment.
   
   The Mines Act of 1952 explicitly forbids the employment of individuals younger than 18 years in mining operations.
   
   The Child Labour (Prohibition and Regulation) Act of 1986 marked a significant legislative effort to address the issue of child labor in India. This law delineated the conditions under which children could be employed and explicitly prohibited their employment in certain contexts. It defines a child as an individual who has not yet reached the age of 14. The Act prohibits child labor in 13 specific occupations and 57 distinct processes.
   
   The Child Labour (Prohibition & Regulation) Amendment Act of 2016 imposes a complete ban on the employment of children under the age of 14. Additionally, it restricts the employment of individuals aged 14 to 18 in hazardous jobs and processes, while also introducing stricter penalties for violations of this law. However, the Act permits children to work in certain family-run enterprises and as artists.
   
   The Child Labour (Prohibition and Regulation) Amendment Rules of 2017 were introduced by the government to establish a comprehensive framework for the prevention, prohibition, rescue, and rehabilitation of child and adolescent workers. These rules addressed various concerns related to employment in family businesses and included provisions to safeguard artists by specifying their working hours and conditions.

7. Conclusion
   
   The Right Against Exploitation, as established in the Indian Constitution, acts as a protective barrier against numerous forms of exploitation, thereby safeguarding the rights and dignity of individuals. This fundamental right defends against practices such as forced labor, human trafficking, and the exploitation of children, thereby reinforcing the ideals of social justice and human rights within the community. Through its legislative measures, India reiterates its dedication to cultivating a just, equitable, and humane society grounded in principles of dignity, fairness, and compassion.