The “Right against Exploitation” is a fundamental right enshrined in the Constitution of India. It is outlined in Articles 23 and 24 of the Indian Constitution and is part of the Directive Principles of State Policy. These rights are designed to protect individuals from various forms of exploitation, particularly those related to human trafficking, forced labor, and child labor.
Article 23: Prohibition of Traffic in Human Beings and Forced Labor
Clause 1
Prohibition of Traffic in Human Beings and Forced Labor:
- Article 23(1) explicitly prohibits traffic in human beings and all forms of forced labor. It is a comprehensive provision aimed at preventing the exploitation of individuals through practices such as slavery, human trafficking, and forced labor.
Explanation:
- “Traffic in human beings” refers to the act of buying, selling, or trading human beings as commodities. It includes practices like slavery and human trafficking, where individuals are forcibly transported or traded for various purposes, often against their will.
- “Forced labor” refers to any work or service that is exacted from an individual under the menace of a penalty and for which the individual has not offered himself voluntarily. This provision aims to eradicate forms of unfree labor where individuals are compelled to work under coercive conditions.
Clause 2
Exceptions:
- While the primary clause prohibits traffic in human beings and forced labor, Article 23(2) allows the State to impose compulsory service for public purposes. However, any law providing for such compulsory service must be reasonable and must not be derogatory to human dignity.
Explanation:
- The exception recognizes that there may be situations where the state requires individuals to render service for the greater public good, such as during emergencies or in times of war. However, this exception is subject to the condition that the nature of such service is reasonable and does not violate the dignity of the individual.
Clause 3
Enforcement:
- Article 23(3) empowers individuals to move to a court for the enforcement of their rights. The courts have the authority to issue writs, including habeas corpus, to protect individuals from illegal detention or forced labor.
Explanation:
- The provision ensures that individuals have the legal recourse to approach the courts if they believe that their rights against exploitation are being violated. The courts can issue writs to secure the release of individuals subjected to illegal detention or forced labor.
Significance:
- Abolition of Inhumane Practices:
- Article 23 is a significant step toward the abolition of practices that treat human beings as commodities or force them into labor against their will, recognizing the inherent dignity of every individual.
- Protection of Individual Freedom:
- By prohibiting forced labor, the article protects the freedom of individuals from being subjected to any form of coercion or compulsion in matters of employment.
- Legal Remedies:
- The provision not only sets forth the rights but also provides a legal mechanism for individuals to seek remedies through the courts if they are victims of human trafficking or forced labor.
- Human Rights and Social Justice:
- Article 23 reflects the commitment of the Indian Constitution to uphold human rights and principles of social justice by condemning and preventing exploitative practices.
In essence, Article 23 serves as a constitutional safeguard against the exploitation of individuals, emphasizing the principles of human dignity, freedom, and social justice. It plays a crucial role in ensuring that individuals are not subjected to degrading or inhumane treatment through practices like forced labor or human trafficking.
Article 24: Prohibition of Employment of Children in Factories, etc.
Clause 1
Prohibition of Employment of Children in Factories, etc.:
- Article 24(1) prohibits the employment of children below the age of 14 years in any factory, mine, or other hazardous employment.
Explanation:
- The primary purpose of this clause is to protect children from engaging in labor that could be detrimental to their physical, mental, or moral well-being. It recognizes the vulnerability of children and aims to ensure that they are not subjected to hazardous working conditions.
Clause 2
Exception:
- Article 24(2) provides an exception to the general prohibition by allowing the State to make laws that permit children to be employed in certain non-hazardous occupations or industries, provided that the work is not prejudicial to the health and education of the child.
Explanation:
- The exception acknowledges that there may be situations where children can engage in certain types of work that are not harmful to their well-being and, in some cases, may even be a part of their education or training. However, such laws must ensure that the work does not compromise the child’s health and education.
Clause 3
Enforcement:
- Similar to Article 23, Article 24(3) allows individuals, including parents or guardians of the child, to move to a court for the enforcement of their rights. The court can issue appropriate writs, including habeas corpus, to ensure the protection of children from illegal employment.
Explanation:
- The provision emphasizes that individuals, especially parents or guardians, have the legal right to approach the courts if they believe that the employment of a child violates the provisions of Article 24. Courts have the authority to intervene and ensure the protection of children from any form of illegal employment.
Significance:
- Child Welfare:
- Article 24 is a crucial component of the constitutional framework designed to safeguard the rights and well-being of children. It acknowledges the special protection that children require, particularly in the context of employment.
- Health and Education:
- The article recognizes the importance of ensuring that a child’s employment should not be detrimental to their health or education. It aligns with the broader goal of promoting the holistic development of children.
- Legal Safeguards:
- By providing individuals with the right to move to a court for the enforcement of these provisions, Article 24 establishes legal safeguards against the exploitation of children through unlawful employment practices.
- Harmony with International Standards:
- The provisions of Article 24 align with international standards and conventions aimed at protecting children from economic exploitation and hazardous labor.
In essence, Article 24 serves as a constitutional safeguard to protect children from engaging in labor that could be harmful to their well-being, emphasizing the importance of their health, education, and overall development. It reflects the commitment of the Indian Constitution to uphold the rights and welfare of the youngest members of society.
