Right Against Exploitation Article

Introduction

India is a sovereign state with one of the world’s largest constitutions. The Indian Constitution comprises seven fundamental rights vital to the harmony of the citizens of India. Among them is the Right against Exploitation, which prohibits forced labour, child labour, and human trafficking. These rights allow citizens to fight against adversities that might occur to them.

The International Labor Organization (ILO) aims to eradicate exploitation against humans worldwide. According to ILO reports, approximately 19.6 million people lived in modern slavery in 2021. 27.6 million out of them were in forced labour. Moreover, 22 million were in forced marriages. Moreover, it has been stated that Asia and the Pacific region have the highest number of people in forced labour, with 15.1 million people.

Let’s learn how the Right Against Exploitation, an important fundamental right guaranteed by the Indian Constitution, protects the Indians from the bonds and shackles of forced labour and slavery.

Right Against Exploitation in the Constitution

Articles 23 and 24 in the Indian Constitution describe the Right Against Exploitation. These are vital fundamental rights to protect citizens of the country from all sorts of forced labour. The Constitution’s two articles prove their existence by assuring the Right against Exploitation.

Provisions of Right Against Exploitation Article 23 and Article 24

Articles 23 and 24 of the Indian Constitution precisely and accurately prohibit forced labor, child labour, and human or child trafficking. These articles safeguard the interests of the vulnerable section of the society.

1. Article 23

This article specifies the prohibition of beggars, forced labour, and other forms of human trafficking.
If people do these things, authorities can sue them, leading to legal consequences.

A. Article 23(1)

Prohibits trafficking of human beings, beggars, and other forced labor. If practised, the person will be punishable under the law.

B Article 23(2)

The article states that the State must impose compulsory service for public purposes like water, and electricity. The State shall not refrain from rendering such services based on religion, race, caste, or class.

2. Article 24

This article prohibits child labour. It specifies that no child under fourteen should work in a factory, mine, construction site, or other hazardous place.

Historical Development of Provision Against Exploitation

When India adopted the Constitution, few instances of exploitation existed. However, with the advent of the twenties of the 20th century, the National Freedom Movement became a remarkable force against forced labour and exploitation.

The exploitation of Untouchables and the prevalence of the devadasi system prompted the constitution makers to declare serious actions against these systems. Having no place for such exploitation in the Constitution, the social and political era paved a new way against these rigid and immoral structures.

Since 1982, articles 23 and 24 have become vital instruments in the hands of the court to alleviate the pathetic condition of the weaker section of society in India.

Understanding the Right Against Exploitation Short Note

Defining exploitation as forcefully using another person’s services and making it a criminal offense. According to the preamble of India, Exploitation is a fundamental offence. Article 39 of the Directive Principles of State Policy and Constitution outlines it as such. Thus, the Right against Exploitation promotes economic equality among the citizens of India.

Indian law categorizes various forms of exploitation as situations where severe damage is done to people’s dignity, and individuals’ freedom is highly infringed upon. The distinct forms or elements of forced labour, as mentioned in the Right Against Exploitation, are:

1. Bonded Labour

Bonded labour is one of India’s most common forms of Exploitation or forced labour. For example, bonded labour occurs when an individual pledges against a loan. When it becomes impossible to pay off the loan, the individual is forced to work under the lender until the debt is paid off. 

One can generally witness this type of labour in the agricultural sector. It generally occurs when poor farmers take loans from moneylenders. Afterward, they are forced to work under them to repay the debt. One can also witness bonded labour in the brick kiln industry. The workers do laborious work for longer hours in factories. However, they are not paid at the end of the day.

2. Child Labour

Child labour is a form of forced labour that exploits children owing to their helplessness, and it is strictly prohibited in India. The Constitution prohibits the employment of children below the age of 14 years and refrains them from indulging in dangerous economic activity. Working in a coal mine, factory, or construction area is are possible example of child labour. Most child labourers are in the agricultural, manufacturing, and service sectors.

3. Human Trafficking

Human trafficking is another issue prevalent in India. The National Crime Records Bureau reveals that approximately 2189 cases of human trafficking were reported in India in 2021. Human trafficking mostly witnesses women and children as victims. The victims are initially lured about better work and a better life. However, they are forced to work as prostitutes or sold into the sex industry.

Right Against Exploitation Meaning

The Indian Constitution describes this fundamental right for people to stand against Exploitation if they encounter it. Let us discuss its provisions in detail.

1. Article 23 – Prohibition of forced and bonded labour and human trafficking

Forced labour, human trafficking, beggar, and other similar forms of exploitation are strictly prohibited in Article 23. Moreover, the Parliament passed multiple laws under Article 23, namely, the Suppression of Immoral Traffic in Women and Girls Act, 1956, and the Bonded Labour System (Abolition) Act, 1976.  Here are some important points that are discussed in Article 23:

1. Many marginalised communities in India are forced to engage in manual and agricultural labour without payment. Labour without payment is beggar, and Article 23 declares it unconstitutional.
2. One cannot practise forced labour even if they give remuneration.
3. The Constitution forbids forced labour. It is considered forced labour if the wage paid is less-than-minimum.
4. Article 23 also makes bonded labour and human trafficking unconstitutional.
5. Even though the Constitution does not explicitly ban ‘slavery’, Article 23 has a wide scope because of the inclusion of the terms ‘forced labour’ and ‘traffic’.
6. Article 23 protects citizens not only against the State but also from private citizens.
7. As per Article 23, services for public purposes (such as conscription to the armed forces) are constitutional.

2.  Article 24 – Prohibition of Child Labor

Article 24 prohibits child labour. It states that children below fourteen are prohibited from working in hazardous employment like factories, mines, or construction sites. However, the employment of children in non-hazardous work is allowed with no exception. Article 24 must be read with Article 39(e) and (f). Article 39 facilitates the Parliament of India to fabricate the law to punish the acts prohibited in Article 24. The laws passed by the Parliament by Article 24:

A. The Factories Act, 1948:

It was the first act passed by the parliament to set the minimum age limit of 14 for employment of children. The Act was amended in 1954 and stated that children below the age of 17 could not be employed at night.

B. The Mines Act of 1952:

This Act prohibits the children below 18 years to work in mines.

C. The Child Labour (Prohibition and Regulation) Act, 1986:

The Act describes the prohibited places and processes of employment of children below 14 years.

Constitutional Safeguards of Right Against Exploitation Short Note

The Right against Exploitation safeguards the interests of people. One of the vital fundamental rights of human beings. It protects every citizen and non-citizen of India against exploitation. It also safeguards people against State and private citizens.

Landmark Judgements and Case Laws of Right Against Exploitation

Here are some case laws of Right against Exploitation:

Case I – Sanjit Roy v. State of Rajasthan, AIR 1983 SC 328.

The State hired workers to construct a road that could help people in drought and scarcity conditions. Unfortunately, the workers were paid less than the minimum wage allowed by the Exemption Act. Specifically, the Rajasthan Famine Relief Works Employees (Exemption from Labour Laws) Act 1964 applied to this work, which the court later declared unconstitutional due to the exclusion of the Minimum Wages Act. This means that everyone is entitled to a minimum wage without any exceptions.

Case II – Dulal Samanta v. D.M., Howrah, AIR 1958 Cal. 365

In this case, the petitioner was appointed a special police officer for 3 months. He complained that his fundamental right was violated, resulting in forced labour. The Supreme Court prohibited disregarding his appeal. The court held that the conscription of police service cannot be regarded as:

1. beggar; or
2. traffic in human beings or
3. any similar form of forced labour.

Case III – Peoples Union for Democratic Rights vs The Union 

In this case, some children below the age of 14 were employed for the construction work of the Asiad project in Delhi. It was argued that the Employment of Children Act of 1938 was not in line with the case of children employed in construction work because the construction industry is not mentioned in the Act. Therefore, the Supreme Court disregarded the case and held that building construction is hazardous employment where children under fourteen should not be employed.

Also Read :-

1st amendment of indian constitution 1951: Key Changes & Impact

The 44th Amendment of Indian Constitution: An Overview

Contingency Fund of India Act 1950 – Type, Meaning, Difference.

Challenges and Contemporary Issues

According to Modern Slavery Global Reports 2021, 50 million people suffer from forced labour. Forced labour has increased by 10 million in the last 5 years. It must be noted that a major section of forced labour falls under forced marriage in the contemporary world. Modern slavery has occurred in almost every country, mostly upper-middle and high-income countries. It usually causes situations where a person cannot leave work due to threat, violence, abuse, or power.

The Ongoing forms of forced labour are mostly imposed on women and children. It is mostly found in the private sector. The various forms of forced labour in the Modern world are:

1. Forced marriage:

The relevance of patriarchal society is the cause of forced marriage. It was estimated that 22 million people were living under forced marriage globally in 2021.

2. Commercial Sexual Exploitation:

Forced commercial sexual exploitation captures 23% of global forced labour. ILO estimated that 4 out of 5 entities under forced commercial sexual exploitation are women or girls.

3. The exploitation of Migrant Workers:

Migrant workers are estimated to be thrice more likely under forced labour than non-migrants. Despite knowing the fact that labour workers have a positive effect on households and communities, they are highly vulnerable to trafficking and forced labour.

Conclusion

The fundamental Right against Exploitation is a birthright for every citizen of the country. Articles 23 and 24 of the Indian Constitution prohibit human trafficking and child labour. However, in reality, the weaker section of society still faces discriminating behaviour from their employers. Therefore, the State parliament is liable to act against this Act.

That’s why awareness of the Bonded Labour Abolition Act of 1976 and the Child Labour Act of 1986 is necessary. It can be done through advertisements in newspapers and other media, including online resources. Besides, today’s youth, the most powerful force in the country, can assist in creating awareness among people and realising their fundamental rights. The youth can work tirelessly towards changing society by provoking the sense of the Right to equality among people. Thus, everyone can live without fearing the Right to Exploitation, making India a better place.

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