Whatsapp 93132-18734 For Details
Get Free IAS Booklet
Get Free IAS Booklet
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
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.
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.
The three evils which are tackled by Right against exploitation-
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:
The Code was formulated based on the recommendations of the 2nd National Commission on Labour, 2002.
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.
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.
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.
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.
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.
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.
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.
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.
Book your Free Class
Book your Free Class