Right against Exploitation – Articles 23 & 24 – UPSC Notes – Indian Polity

The Right against Exploitation is mentioned in Articles 23 and 24 of the Indian Constitution. These are crucial rights that ensure every citizen is protected from being made to work forcefully.

The Right against Exploitation is protected by two articles in the Constitution. Let’s break down what these articles say:

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

• Article 23(1): This part prohibits activities like human trafficking, forcing people to beg, and any other form of forced labor. Breaking this rule is considered an offense punishable by law.
• Article 23(2): It states that the government can require citizens to provide services for public purposes, but it must not discriminate based on religion, race, caste, or class.

Exploitation means using someone’s services without paying them, often through force or labor. In India, some communities were made to do manual and agricultural work without getting paid, a practice known as “begar.”

Article 23 prevents all forms of exploitation. Even if someone is paid, they cannot be forced to work against their will. The Constitution prohibits forced labor, including situations where workers are paid less than the minimum wage.

The article also makes “bonded labor” illegal. This happens when a person is forced to work due to a debt that cannot be repaid. Coercion of any kind, like forcing landless individuals into labor or pushing vulnerable women into prostitution, is unconstitutional.

The Constitution also outlaws trafficking, which involves buying and selling people for illegal and immoral activities. While the term “slavery” isn’t explicitly banned, Article 23 covers a broad range due to its inclusion of “forced labor” and “traffic.”

This protection isn’t just against the government; it extends to private citizens as well. The government is obligated to punish those who break these rules (considered crimes) and take steps to eliminate these practices from society.

Article 35 of the Constitution empowers the Parliament to make laws to punish actions prohibited by Article 23.

Article 23(2) clarifies that compulsory services for public purposes, like conscription into the armed forces, are not unconstitutional.

Some laws enacted by the Parliament in line with Article 23 include the Suppression of Immoral Traffic in Women and Girls Act, 1956, and the Bonded Labour System (Abolition) Act, 1976. These laws aim to combat and eliminate exploitative practices in society.

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

Article 24 states 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.”

• This Article strictly prohibits the employment of children below the age of 14 in any hazardous industry, factories, or mines, without any exceptions.
• However, it’s important to note that the employment of children in non-hazardous work is allowed.

Laws Passed in Pursuance of Article 24 in India

1. The Factories Act, 1948:
   • This was the first post-independence act setting a minimum age limit for child employment in factories.
   • Established a minimum age of 14 years for employment.
   • Amended in 1954 to prohibit the employment of children below 17 years during nighttime.
2. The Mines Act of 1952:
   • Prohibits the employment of individuals under the age of 18 in mines.
3. The Child Labour (Prohibition and Regulation) Act, 1986:
   • A landmark law addressing child labor issues in India.
   • Defines a child as someone who has not completed their 14th year.
   • Prohibits child employment in 13 occupations and 57 processes.
4. Child Labour (Prohibition & Regulation) Amendment Act, 2016:
   • Completely forbids the employment of children below 14 years.
   • Prohibits individuals between 14 and 18 years from engaging in hazardous occupations and processes.
   • Introduces stricter punishments for violators.
   • Allows children to be employed in specific family occupations and as artists.
5. Child Labour (Prohibition and Regulation) Amendment Rules, 2017:
   • Notified by the government in 2017 to establish a comprehensive framework for prevention, prohibition, rescue, and rehabilitation of child and adolescent workers.
   • Clarifies issues related to family enterprises and outlines safeguards for artists, specifying working hours and conditions.

FAQs on Right against Exploitation in the Indian Constitution:

1. What is the Right against Exploitation in the Indian Constitution?
   • The Right against Exploitation in the Indian Constitution is enshrined in Articles 23 and 24. It safeguards citizens from being subjected to forced labor, trafficking, and other forms of exploitation.
2. What does Article 23(1) of the Indian Constitution prohibit?
   • Article 23(1) prohibits activities such as human trafficking, forcing individuals to beg, and any form of forced labor. Violating this provision is considered a punishable offense.
3. How does Article 23(2) address compulsory services for public purposes?
   • Article 23(2) allows the government to require citizens to provide services for public purposes, but it explicitly states that there should be no discrimination based on religion, race, caste, or class.
4. What does the term “exploitation” encompass in the context of Article 23?
   • Exploitation, as defined in Article 23, refers to using someone’s services without fair compensation, often through force or labor. It covers situations where individuals are made to work against their will, even if they are paid.
5. Is forced labor, where workers are paid less than the minimum wage, prohibited by the Indian Constitution?
   • Yes, Article 23 prohibits forced labor, including situations where workers are paid less than the minimum wage. The Constitution aims to eliminate all forms of exploitation.
6. Does Article 23 address bonded labor?
   • Yes, Article 23 makes “bonded labor” illegal. This occurs when a person is forced to work due to a debt that cannot be repaid. The Constitution explicitly forbids coercion of any kind leading to labor, including forcing vulnerable individuals into various forms of work.
7. Does the protection against exploitation extend only to actions by the government, or does it also cover private citizens?
   • The protection against exploitation extends to both the government and private citizens. The government is obligated to punish those who commit crimes under Article 23 and work towards eliminating exploitative practices from society.
8. Which article empowers the Parliament to make laws to punish actions prohibited by Article 23?
   • Article 35 of the Indian Constitution empowers the Parliament to make laws to punish actions prohibited by Article 23, ensuring that legal measures can be taken against those violating these rights.
9. What is the scope of Article 24 in the Indian Constitution?
   • Article 24 prohibits the employment of children below the age of fourteen in factories, mines, or hazardous employment. However, it allows the employment of children in non-hazardous work.
10. Which laws in India address child labor issues in accordance with Article 24?
    • Laws such as The Factories Act, 1948; The Mines Act of 1952; The Child Labour (Prohibition and Regulation) Act, 1986; and the Child Labour (Prohibition & Regulation) Amendment Act, 2016, are enacted to address child labor issues in compliance with Article 24.

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