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Articles 23 and 24 of the Indian Constitution talk about Right Against Exploitation, dignity and freedom of a person are inviolable. No one can be forced into labour against their will. This article also talks about other forms of forced labour and victims of human trafficking. Every Indian citizen needs to know about their rights enshrined in the constitution so that they can fight for their rights if violated. In this article , we will discuss in detail all you need to know about Right Against Exploitation as enshrined in the Indian Constitution.
What are the rights against exploitation?
The rights against exploitation are enshrined in Articles 23 and 24 of the Indian Constitution. These articles guarantee the dignity and freedom of a person and prohibit trafficking and other forms of forced labour.
What are the other forms of forced labour and exploitation?
Other forms of forced labour and exploitation include bonded labour, child labour, and victims of human trafficking. All these forms of exploitation dignity and freedom of a person. Let’s discuss them in detail
Bonded labourers:
Bonded labour is the most prevalent form of forced labour in India. It occurs when a person pledges himself or herself against a loan. The person who takes the loan is not able to repay it and is forced to work for the lender until the debt is paid off. This type of labour often happens in the agricultural sector, where poor farmers take loans from moneylenders and are then forced to work for them to repay the debt. This type of labour is also found in the brick kiln industry, where the laborers work for long hours in factories but are not paid at the end of the day.
Child labour:
Child labour is another form of forced labour that exists in India. It is defined as the employment of children below the age of 14 years in economic activity that is hazardous for children, for example working in a factory . According to the National Child Labour Project, there are around 12.67 million child labourers in India. The majority of them are found in the agricultural sector, followed by the manufacturing and service sectors.
Victims of human trafficking:
Human trafficking is a serious problem in India. According to the National Crime Records Bureau, there were around 1714 cases of human trafficking reported in India in 2020. The majority of the victims are women and children who are trafficked for sexual exploitation. They are often lured with the promise of a better life and then sold into prostitution or forced to work in the sex industry.
These are some of the most common forms of forced labour as highlighted in Indian laws where the dignity and freedom of a person are infringed.
Judicial Pronouncement based on the right to exploitation
Sanjit Roy v/s the state of Rajasthan (1983): The court held that although the state has employed the workers to console them from scarcity it does not mean that the state will pay them less than the minimum wages as per the act.
Deena v/s Union of India: The court announced that if the prisoners are forced to do labour works without paying them reasonable wages then it shall be considered as an infringement of Articles 23 and 24 of the constitution. Also, the dignity and freedom of a person are affected.
M.C Mehta v/s State of Tamil Nadu (1997): The petitioner (M.C Mehta) in this case took a step forward against the child below age 14 years who were employed as labour in factories in Tamil Nadu. The court asserted that it is against article 24 of the Indian constitution. Any child below the age group of 14 years shall not be exposed to hazardous working conditions and hence heavy compensation was paid by the industry.
People’s Union of Democratic Rights v/s UOI: The state employed children below 14 years in construction work. The court levied heavy compensation on the state and asked to take immediate action to stop these types of exploitation.
Conclusion
That brings us to the end of this article on Right Against Exploitation under Articles 23 and 24 of the Indian Constitution. This article aims at protecting the dignity and freedom of a person. As we discussed child labours, bonded labours, and victims of human trafficking are the most common exploitation witnessed in India. However, there are certain special laws made for labourers and children to protect their dignity and freedom. We hope that you found this information useful and informative.
