Most Affordable IAS Coaching in India  

Whatsapp 93132-18734 For Details

What is Right Against Exploitation? UPSC CSE

Right Against Exploitation

Get Free IAS Booklet

Get Free IAS Booklet

Summary of Right Against Exploitation

The Right Against Exploitation is given in the Indian Constitution as a fundamental right enshrined in the Part-III to safeguard individuals from practices such as slavery, beggarism, child labor, bonded labor, and other forms of forced labor. These are also part of the basic structure of the Indian constitution referred to in Kesavananda Bharati v. State of Kerala (1973). Articles 23 and 24 of the Constitution ensure human dignity by prohibiting such exploitative practices, underscoring the nation's commitment to protecting its citizens from exploitation in all its forms.

Articles 23 and 24 of the Indian Constitution deal with the right against exploitation.

It prohibits trafficking in human beings and forced labour.

It prohibits the employment of children under 14 in factories, mines, and hazardous occupations.

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

Background of Right Against Exploitation

India is the largest democracy in the world today, however to ensure that all people are truly free, various measures have been taken over the years, including the eradication of slavery. Through the enactment of the Indian Penal Code of 1860, after decades-long endeavours, slavery was finally abolished in India. The framers of the Indian Constitution, in Articles 23 and 24, unequivocally prohibited any form of exploitation, enslavement, or inhumane treatment, emphasising the inherent rights to liberty and dignity afforded to every individual under the Indian Constitution.

Introduction of Right Against Exploitation

The Right against Exploitation embodies India's commitment to eradicating various forms of abuse and injustice. Given in Articles 23 and 24 of the Indian Constitution, it serves as a shield against exploitation in all its manifestations, safeguarding the dignity and rights of every individual. From combating human trafficking and forced labour to prohibiting the employment of children in hazardous occupations, this right reflects the nation's resolve to uphold social justice and foster inclusive development.

This fundamental right not only condemns exploitative practices but also empowers individuals to assert their autonomy and demand justice in the face of oppression.

Central to the right against exploitation is the recognition of every person's inherent worth and dignity. It reaffirms that no individual should be treated as a mere commodity or subjected to conditions that undermine their humanity. Instead, it calls for the protection of the most vulnerable members of society and the promotion of social and economic justice for all.

Moreover, upholding this right requires not only legislative action but also a concerted effort to address the root causes of exploitation. This entails tackling systemic inequalities, eradicating poverty, and fostering inclusive economic opportunities that empower individuals to live with dignity and autonomy.

Introduction of Lightning Strike

The three evils which are tackled by Right against exploitation-

  1. Bonded labour
  2. Child labour
  3. Human trafficking

Article 23: Prohibition of traffic in human beings and forced labour

Scope of Article 23

  1. Prohibition of Traffic in Human Beings: Article 23 prohibits the trafficking of human beings, which means the buying, selling, or trading of individuals as commodities. This includes practices like slavery, forced prostitution, and bonded labour.
  2. Prohibition of Forced Labour: The article also prohibits forced labour, which refers to any work or service that a person is compelled to do against their will. Forced labour deprives individuals of their freedom and dignity and is considered a violation of human rights.
  3. Exceptions: While Article 23 prohibits trafficking and forced labour, it allows the state to impose compulsory service for public purposes, such as national defence, emergencies, and disaster relief. However, such compulsory service must be in accordance with the law and not involve any form of exploitation or coercion.
  4. Enforcement: Article 23 emphasises the importance of enforcement to ensure compliance with its provisions.

Case Studies and Judicial Interpretations

Peoples Union for Democratic Rights v Union of India: In this apex court clarifies that Article 23(1) of the Indian Constitution prohibits all forms of forced labour, including unpaid labour like begar. It's an important protection against exploitation.

Bandhua Mukti Morcha v Union of India: This case underscores the importance of upholding Articles 21 and 23 of the Indian Constitution to eradicate bonded labour, which is a severe form of forced labour. The Court's ruling highlights the obligation of the State to recognize, release, and rehabilitate individuals subjected to bonded labour, as mandated by the Bonded Labor System (Abolition) Act of 1976.

Their are some laws enacted by the Parliament prevent and punish various forms of forced labour:

  1. Bonded Labour System (Abolition) Act, 1976:
    This Act prohibits bonded labour, a form of forced labour where individuals are trapped in a cycle of debt bondage. It aims to liberate and rehabilitate bonded labourers.
  2. Minimum Wages Act, 1948:
    This Act ensures that workers receive fair wages for their labor, setting minimum wage standards across different industries to prevent exploitation and ensure basic living standards./li>
  3. Contract Labour Act, 1970:
    This Act regulates the employment of contract laboure.rs by ensuring they receive wages and benefits equivalent to regular employees, safeguarding their rights and preventing exploitation by employers.
  4. Equal Remuneration Act, 1976:
    This Act prohibits discrimination in wages based on gender, ensuring that men and women receive equal pay for equal work, thereby addressing gender-based exploitation in the workplace.
  5. The Code on Wages, 2019:
    It aims to streamline and simplify four existing labour laws into a single legislation. These are:
    1. Payment of Wages Act, 1936
    2. Minimum Wages Act, 1948
    3. Payment of Bonus Act, 1965
    4. Equal Remuneration Act, 1976

The Code was formulated based on the recommendations of the 2nd National Commission on Labour, 2002.

Key features

Article 24: Safeguarding Children's Rights

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.

Scope of Section 24

  1. Prohibition of Child Labor: Article 24 prohibits the employment of children below the age of fourteen years in any factory, mine, or hazardous occupation. This ensures that children are not subjected to dangerous working conditions that can harm their health and development.
  2. Exceptions: While Article 24 prohibits the employment of children in hazardous occupations, it allows for certain exceptions. Children may be employed in non-hazardous family enterprises or in the entertainment industry, provided that their work does not interfere with their education and does not jeopardise their health or morals.
  3. Enforcement: Article 24 emphasises the importance of enforcement to ensure compliance with its provisions. It empowers the state to enact laws to prevent the employment of children in hazardous occupations and to take necessary measures to enforce these laws.

Findings from Landmark Case law

Peoples Union for Democratic Rights v. Union of India: Article 24 of the Indian Constitution prohibits the employment of children under the age of fourteen in hazardous occupations, applicable to both state and private entities. The Supreme Court's ruling in the case affirmed that construction work is one such hazardous occupation. Additionally, being a federal system, both the central and state governments have the authority to legislate on matters related to child labour.

Legislative Measures and Policy Frameworks

Parliament has enacted the following laws to implement Article 24


The major laws passed by government are discussed in detail below:-


The Child Labour (Prohibition and Regulation) Act of 1986 is an important law in India aimed at safeguarding the rights of children and ensuring their protection against exploitation in the workforce. It was enacted to prohibit the engagement of children in certain occupations and regulate the conditions of work in which children are allowed to be employed.

Before this law, child labour was widespread in India, with children as young as five or six years old being employed in various industries and sectors. These children were often subjected to harsh working conditions, long hours, and low wages, depriving them of their right to education, health, and a normal childhood.

Key Points of the law

  1. Prohibition: The Act prohibits the employment of children below the age of 14 years in certain hazardous occupations and processes. These hazardous occupations and processes are listed in the law to ensure clarity and enforcement.
  2. Regulation: For occupations or processes where children above the age of 14 years can be employed, the Act regulates the working conditions to ensure their safety, health, and welfare. This includes provisions for working hours, rest intervals, and conditions of work.
  3. Penalties: The Act imposes penalties on employers who violate its provisions. Penalties may include fines and imprisonment, depending on the severity of the offence.
  4. Enforcement: The Act establishes mechanisms for enforcement, including the appointment of inspectors who are responsible for monitoring compliance with the law. These inspectors have the authority to conduct inspections, investigate complaints, and take necessary action against violators.
  5. Rehabilitation: The Act also emphasises the rehabilitation and welfare of rescued child labourers. It provides for measures such as education, vocational training, and financial assistance to help them reintegrate into society and lead a better life.

This law has played a crucial role in reducing the incidence of child labour in India and promoting the education and welfare of children. However, challenges remain in its effective implementation, including the need for greater awareness, enforcement, and support for vulnerable children and their families.

National Commission for Protection of Child Rights (NCPCR)

Established by the Commission for Protection of Child Rights (CPCR) Act, 2005. It is a Statutory body formed by the Indian Parliament.

The NCPCR plays a pivotal role in safeguarding and advancing the rights of children in India, ensuring their protection, welfare, and holistic development through proactive measures and interventions.

Key points of law

  1. Mandate: It ensures protection and promotion of child rights across India and Monitors implementation of child-related laws and policies. It also reviews and recommends improvements in child welfare programs and acts as a watchdog against child rights violations.
  2. Structure and Organization: It operates under the Ministry of Women and Child Development. It Comprises a Chairperson and six members, appointed by the government. Has offices at both national and state levels for effective reach and operations.
  3. Functions and Responsibilities: The body Conducts inquiries and investigations into complaints regarding child rights violations and Provides recommendations to governments and authorities for corrective actions. It raises awareness on child rights issues through advocacy and education programs and also collaborates with NGOs, civil society, and international agencies for child protection initiatives.
  4. Impact and Achievements: The body plays a crucial role in improving child protection laws and policies. It facilitates the implementation of the Right to Education (RTE) Act and other child-centric legislation and enhances public and governmental awareness on child rights and issues.

Right of Children to Free and Compulsory Education Act, 2009

The Right of Children to Free and Compulsory Education Act of 2009 is a landmark legislation that seeks to universalize elementary education and promote inclusivity and equity in the education system. By guaranteeing free and compulsory education, ensuring access to quality schooling, and prohibiting discrimination, the Act aims to empower children with knowledge and skills to lead fulfilling lives and contribute to the development of society.

Before this law, many children in India were unable to attend school due to various reasons such as poverty, discrimination, and lack of infrastructure. This led to high dropout rates, low literacy levels, and a perpetuation of the cycle of poverty.

Key Points of the law

  1. Free and Compulsory Education: The Act mandates that every child between the ages of 6 and 14 years has the right to free and compulsory education. This means that the government is responsible for providing free education to all children in this age group and making it mandatory for them to attend school.
  2. Infrastructure and Facilities: The Act emphasises the importance of providing adequate infrastructure and facilities in schools to ensure quality education. This includes provisions for classrooms, libraries, playgrounds, toilets, and drinking water facilities.
  3. Admission and Retention: The Act prohibits schools from denying admission to any child on grounds of religion, caste, gender, or economic status. It also mandates that schools cannot expel or detain any student until the completion of elementary education.
  4. Quality Education: The Act emphasises the need for quality education by laying down standards for curriculum, teacher qualifications, and pupil-teacher ratios. It also requires schools to maintain certain norms and standards to ensure effective teaching and learning.
  5. Monitoring and Evaluation: The Act establishes mechanisms for monitoring and evaluation to ensure the effective implementation of its provisions. This includes the appointment of authorities responsible for oversight and assessment of schools' compliance with the law.

This law has had a significant impact on increasing school enrollment, reducing dropout rates, and improving educational outcomes across India. However, challenges remain in its implementation, including issues related to infrastructure, teacher shortages, and quality of education. Efforts are ongoing to address these challenges and fulfil the promise of free and compulsory education for all children.

International Obligations Regarding the Right Against Exploitation

  1. Ratification of International Conventions:
    India has ratified key international conventions such as the International Labour Organization's conventions on forced labour (e.g., Convention No. 29) and the United Nations Convention against Transnational Organized Crime.
  2. Implementation of Domestic Legislation:
    The Bonded Labour System (Abolition) Act and the Child Labour (Prohibition and Regulation) Act reflect India's commitment to combat various forms of exploitation within its borders.
  3. Collaboration with International Organizations:
    India actively collaborates with international organisations like the International Labour Organization and the United Nations to address issues related to exploitation, including human trafficking and forced labour
  4. Enforcement of Anti-Trafficking Measures:
    India has implemented measures to prevent and combat human trafficking, including the establishment of specialised law enforcement units and the enactment of the Immoral Traffic (Prevention) Act.
  5. Support for Victims:
    India provides support and rehabilitation services to victims of exploitation, including shelters, counselling, and vocational training programs, in line with international standards and best practices.

Conclusion of Right Against Exploitation

The Right Against Exploitation in India, enshrined in Articles 23 and 24 of the Indian Constitution, represents a critical safeguard against various forms of exploitation, including human trafficking, forced labour, and child labour. This right has been reinforced through numerous legislative measures such as the Bonded Labour System (Abolition) Act of 1976 and the Child Labour (Prohibition and Regulation) Amendment Act of 2016.

Despite these legal frameworks, challenges persist due to socio-economic disparities and inadequate enforcement.

Learning from global best practices, India can further strengthen its policies by enhancing social security systems, improving access to education, and ensuring stringent law enforcement. Collaborative efforts with international organisations can provide valuable insights and support for policy implementation. Additionally, promoting awareness and community participation is crucial in creating a culture that upholds human dignity and prevents exploitation. A balanced approach that integrates robust legal measures, effective enforcement, and socio-economic development can help India fully realise the promise of the Right Against Exploitation, fostering an equitable and just society.

Prelims PYQS of What is Right Against Exploitation?

Which of the following are envisaged by the Right against Exploitation in the Constitution of India? [2017]
1. Prohibition of traffic in human beings and forced labour
2. Abolition of untouchability
3. Protection of the interests of minorities
4. Prohibition of employment of children in factories and mines

Select the correct answer using the code given below:
(a) 1, 2 and 4 only
(b) 2, 3 and 4 only
(c) 1 and 4 only
(d) 1, 2, 3 and 4

Correct Answer :(c) 1 and 4 only

For Offline/Online Admission Call: 93132-18122

Call Us Whatsapp Us

Book your Free Class

Book your Free Class

ias-academy-form-m