Right against exploitation
- Right against exploitation prohibits all forms of forced labor, child labor, and trafficking of human beings.
- Article 23 and Article 24 are fundamental rights. These articles do not let anyone exploit the rights of an individual in India. In this section, we will discuss what kind of rights both Article 23 and 24 provide.
|Articles||Brief description – Right against Exploitation (Article 23 & 24)|
|Article 23||Prohibition of trafficking in human beings and forced labor.|
|Article 24||Prohibition of employment of children in factories, etc.|
Article 23 – Indian Constitution
Right against Exploitation – Article 23
- Article 23 of the Indian Constitution prohibits ‘Trafficking in Human beings’ and ‘Forced Labor‘.
- It has two categories.
- Article 23(1)
- Article 23(2) – Exception to Article – 23
What is Article 23(1) of the Indian Constitution?
Article 23(1) of the Indian Constitution prohibits:
- Trafficking in Human beings.
- Begar (Forced Labour)
- Other similar forms of Forced Labour.
Any of the above acts are punishable per the law.
The term ‘Begar’ means compulsory work without payment or compensation (remuneration).
Article 23 (2) of the Indian constitution – Exception
- Article – 23 (2) is an exception to Article – 23. It allows the state to impose compulsory service for public objectives and national interests.
- For example, Military Service or Social Service. In such cases the state is not bound to pay.
- However, in imposing such a service, the state shall not discriminate on grounds of religion, race, caste, or class.
Aspirants can read more about Article 23 in this linked Article. Now let’s dive into Article 24 of the Indian constitution.
Article 24 – Indian Constitution
Right Against Exploitation – Article 24
- Article 24 of the Indian constitution is centered on the Prohibition of children in Factories, etc.
- Article 24 prohibits the employment of children below the age of 14 years in any factory, mine, or other hazardous activities like construction work or railway.
- But it does not prohibit their employment in any harmless work which might be safe for them.
Child Labour Rehabilitation Welfare Fund
- In 1996, the Supreme court directed the establishment of the ‘Child Labour Rehabilitation Welfare Fund’ in which the offending employer should deposit a fine of Rs. 20,000 for each child employed by him.
- It also issued directions for the improvement of education, health & nutrition of children.
Acts in favour of ‘Prohibition of Employment of Children’ in Factories, etc.
- The Child Labour (Prohibition and Regulation) Act, 1986 – the most important Law in this direction.
- Employment of Children Act, 1938.
- The Factories Act, 1948.
- The Mines Act, 1952.
- The Merchant Shipping Act, 1958.
- The Plantation Labour Act, 1951.
- The Motor Transport Workers Act, 1961.
- The Bidi & Cigar Worker Act, 1966.
There are many other similar Acts under Article 24 which Prohibit the employment of children below a certain age. Some of them are mentioned above. You can read about them by clicking the above linked acts.
Aspirants can read more about Article 24 in this linked Article.
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