Fundamental Rights-Right Against Exploitation

The Indian laws are highly against slavery and any act that harms the dignity and freedom of a citizen. Still there are people who view themselves to be superior to others. Many people are forced to do work against their will at lower rates and many of women and children become the victims of human trafficking. The Right against exploitation mentioned in Article 23 and 24 of the Indian Constitution ensures human dignity and protects them from any of such exploitation.

Article 23: Prohibition Of Trafficking Of Human Being And Forced Labour:-

Article 23 primarily prohibits Trafficking, Begar, and Forced Labour and also claims that any violation of such law shall be an offence.

Human Trafficking:

This means selling and purchasing of human beings, primarily for sexual slavery, prostitution, or forced labour. Slavery is not clearly mentioned under Article 23 but it is included.

Begar:

This means compelling a person to work for no wages. A person is forced to work against his willings.

Other Forms Of Forced Labour:

It is considered forced labour if the less-than-minimum wage is paid. The system under which one person can be bonded to provide labourers for years after years, until an alleged debt is supposed to be wiped out, which never seems to happen during the lifetime of a bonded labourer.

ARTICLE 23(2)

The state can impose compulsory services for a public purpose like national defense, removal of illiteracy, and smooth running of public utility services like- water, electricity, postage, and air services. The state cannot discriminate on the fields of religion, race, caste, class or any of them. 

 Important Judgments On Rights Against Exploitation:

1. The Supreme Court interpreted the scope of Article 23. J. PN Bhagwati observed that the scope of Article 23 is vast and unlimited and it is not only ‘begar’ which is prohibited but this Article strikes at forced labour in whichever form it may exist. Every form of forced labour is prohibited.

No person shall be forced to provide labour or services against his will even though it is mentioned under a contract of service. The word ‘force’ has a very wide meaning. It not only includes physical or legal force but also recognizes economic circumstances 

2. 2. The state had employed people for the construction of roads. These workers were paid way less than the minimum wages.  It was contended that this payment of wages lower than minimum wages was violation of Article 23. 

The court observed that they must be paid fairly for the work into which they put in effort and sweat, and which provides benefits to the state. The court laid down guidelines for the determination of bonded labourers and pointed out that it was the duty of the state government to identify, release, and rehabilitate the bonded labourers.

Article 24- Prohibition Of Employment Of Children In Factories, etc:

Article 24 provides the protection of health and strength of children and that the tender age of children should not be abused.

It also prohibits employment of children below 14 years of age in any factory, mine or any other hazardous sites.

The Supreme Court held that building construction work was such hazardous employment where children below the age of fourteen years should not be employed. 

India is also a signatory of the Convention on the rights of child, Article 32 of the convention requires that each state party to the Convention shall protect the children from economic exploitation and any hazardous work. Factories Act 1948; Mines Act, 1952; The Bidi and Cigar Workers1966; The apprentices’ act 1961; The employment of children act 1938; and other similar acts comes under it.

Child Labour Amendment Act, 2016:

This amended the child labour Act of 1986, This Act completely forbids the employment of children below 14 years of age. It also bans the employment of people between the ages of 14 and 18 in hazardous occupations and processes. Punishments for the violators of this law were made stricter from the Amendment act. This Act allows children to be employed in certain family occupations and also as artists.

Child Labour (Prohibition And Regulation) Amendment Rules, 2017:

The government notified in 2017 to provide a broad and specific framework for the prevention, prohibition, rescue, and rehabilitation of the children and adolescent workers. The Rules clarified on the issues that are concerning the employment of the families’ enterprises and also provides safeguards for the artists in that working hours and the conditions are specified.

Conclusion:

The truth remains that despite the numerous laws imposed pursuance of article 23 and 24, we are far from achieving a status of zero exploitation. India is home to 10 million child labourers and more than 42.7 million children are out of school.

The exploitation of the weaker by the stronger continues. Forced labour, bonded labour, trafficking continues to exist all the time. The pressure needs to be on education, awareness, generation of funds, creating employment opportunities.