Comprehensive Analysis on Right against Exploitation

Every individual in India is granted a Right against exploitation under the Indian Constitution. This Right ensures that every citizen of our country is protected from any form of exploitation, be it economic, social, or political. In the right against exploitation article, we will discuss the objective of this Right and how it is ensured by the Constitution. We will also look at some case studies to get a better understanding of how this Right has been implemented in practice.

What is the meaning of exploitation?

Exploitation is a French word. The term exploitation means utilising something in a way that is wrong or improper. It can also be described as the act or fact of treating someone unjustly in order to reap the benefits of their labour.

The right against exploitation is a fundamental right that is enshrined in Part III of the Indian Constitution. The objective of the right against exploitation is to protect people from being exploited. This right is contained in Article 23 and Article 24 of the Indian Constitution.

What is Article 23 of the Indian Constitution?

As per Article 23 of the Indian constitution, exploitation shall be prohibited in three aspects. i.e, human trafficking, forced labour, and begar.

Human trafficking: The trafficking of persons for the purpose of subjecting them to slavery  or practices similar to slavery, servitude, or the removal of organs is prohibited.

Forced labour: All forms of forced or compulsory labour are prohibited except as may be imposed by law in consequence of a conviction for a crime.

Begar: The practice of forced or compulsory labour is prohibited and any law to the contrary shall be repealed.

Article 23(2) states an exception that it is the responsibility of the state to provide basic facilities for the public (water, air, rail, service) and it shall not be discriminated against based on race, caste, sex, or religion.

Judicial Pronouncement for Right against Exploitation

People’s Union of Democratic Rights v. Union of India (1982): In this, it was held that the scope of Article 23 is very wide. It includes all forms of exploitation, whether economic or social. The objective of the right against exploitation is to prevent persons from being reduced to a condition of servitude or from being subjected to physical or economic coercion.

In another landmark case of Sanjit Roy vs. the State of Rajasthan(1983): In this case, the state hired certain people who were affected by the famine under Famine Relief Act. However, these people were paid less even below the minimum wages as mentioned under the Act. The court held that it is violative of Article 23 of the Indian Constitution. The state cannot take advantage of such people who are helpless in the name of helping them.

In the case of Deena v. Union of India, the court held that the labourers from the prisoners without paying them reasonable wages shall be considered as forced labourers. It is violative of Article 23 of the constitution as they are also entitled to their reasonable wages.

Article 24: Prohibition of employment of children in factories

Article 24 of the Indian constitution states that the employment of children in factories, mines, and other hazardous occupations is prohibited. This right was enacted with the objective of ensuring that children are not exposed to any kind of exploitation at work. Article 39 of the Indian Constitution imposes responsibility on the state to ensure that the fundamental rights of all citizens, including children, providing safe and healthy working conditions to the workers are protected. This article ensures that children are not forced to work in any hazardous occupation. Children are considered as the future of the country and it is the duty of the state to provide basic health facilities and free education to children below the age of 14 years.

Landmark Judgement under Article 24 of Indian Constitution

In the case of People’s Union of Democratic Rights v. Union of India (1982), children were also employed under construction work in an industrial area. The court held that as per Article 24 children below the age group of 14 shall not be employed in construction work as it is hazardous to health, safety, and also right against exploitation. Hence, it is violative of Article 24 of the constitution. The state was asked to take immediate action.

In the case of M.C Mehta v. State of Tamil Nadu (1996): A PIL was filed for the children working in firecracker factories. The court held that it is violative of the right against exploitation. Children shall not be involved in any hazardous activities. The court ordered the state to make strict guidelines for the protection of children against exploitation.

Conclusion

The objective of Right against Exploitation under the Indian Constitution ensures the welfare of citizens. It has been amended several times to include new forms of exploitation, and the latest amendment in 2016 strengthened the provisions against child labour. This right is an important tool for students and workers alike to fight exploitation and receive due compensation for their work. If you or someone you know is being exploited, it is important to get help immediately. There are many organisations that can assist you, and you have the right to file a complaint. Don’t suffer in silence and raise your voice against wrong deeds.