The Basic Rights provided by the Indian Constitution are an integral component of the Indian democracy. Of all these rights, the Right against Exploitation, based on Articles 23 and 24, is an integral component in protecting the liberty and dignity of the citizens. The following article is about the characteristics of the right against exploitation, and how it is relevant to the IAS exam.

Understanding the Right against Exploitation

The Right against Exploitation is outlined in two articles of the Constitution. Let's take a closer look at these articles and understand their implications:

Article 23 – Prohibition of human trafficking and forced labour

Article 23(1): Human trafficking and begar (forced labour) are prohibited by this article. Any violation of this provision is punishable by law.

Article 23(2): This clause permits the State to impose compulsory service for public purposes, but it prohibits any discrimination based on religion, race, caste, or class.

• Exploitation refers to the misuse of someone's services, typically through force or without proper compensation.
• Historically, many underprivileged communities in India were compelled to perform manual and agricultural labour without compensation.
• Such unpaid labour is referred to as begar.
• Article 23 strictly prohibits any form of exploitation.
• It stipulates that no one can be forced to work against their will, even if they are paid for their labour.
• Paying less than the minimum wage is considered forced labour and is prohibited by the Constitution.
• The article also declares 'bonded labour' unconstitutional.
• Bonded labour refers to a situation where a person is compelled to work to repay a debt that they cannot afford.
• Any form of coercion is deemed unconstitutional by the Constitution. This includes forcing landless individuals into labour and compelling vulnerable women into prostitution.
• Article 23 also prohibits human trafficking, which involves buying and selling people for illegal or immoral activities.
• Even though the Constitution does not categorically prohibit 'slavery', the general nature of Article 23, which encompasses words such as 'forced labour' and 'traffic', in effect encompasses this feature.
• Interestingly, Article 23 provides protection to its citizens against both the State and private individuals.
• The State is obligated to protect its citizens from such evils by punishing the perpetrators and taking proactive steps to eradicate these practices from society.
• Article 35 of the Constitution authorizes the Parliament to enact laws to penalize acts prohibited by Article 23.
• Clause 2 clarifies that compulsory services for public purposes, such as military conscription, are not considered unconstitutional.
• In compliance with Article 23, the Parliament has passed the Suppression of Immoral Traffic in Women and Girls Act, 1956, and the Bonded Labour System (Abolition) Act, 1976.

Article 24 – Prohibition of child labour

Article 24 states, “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 prohibits the employment of children under 14 years of age in hazardous industries, factories, or mines, without any exceptions.
• However, it does allow the employment of children in non-hazardous work.

You can learn more about the significant articles in the Indian Constitution in the linked article.

Laws enacted in India in accordance with Article 24.

The Factories Act, 1948

This law, the first of its kind after India's independence, established a minimum age limit for child labour in factories. The Act set the minimum age limit at 14 years and was later amended in 1954 to prohibit the employment of children under the age of 17 at night.

The Mines Act, 1952

This Act forbids the employment of individuals under the age of 18 in mines.

The Child Labour (Prohibition and Regulation) Act, 1986

This groundbreaking law was enacted to address the issue of child labour in India. It outlines where and how children can be employed and where it is prohibited. The Act defines a child as a person who has not yet turned 14. It prohibits the employment of children in 13 occupations and 57 processes.

Child Labour (Prohibition & Regulation) Amendment Act, 2016

This Act outright bans the employment of children under 14 years of age and also prohibits the employment of individuals between 14 and 18 years of age in hazardous occupations and processes. The Act increased the penalties for violations and allowed for the employment of children in family businesses and as artists, under certain conditions.

Child Labour (Prohibition and Regulation) Amendment Rules, 2017

In 2017, the government issued these Rules to offer a detailed and specific framework for preventing, prohibiting, rescuing, and rehabilitating child and adolescent workers. The Rules explained matters pertaining to family enterprises and granted protection to artists by defining working conditions and hours.

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