The fundamental meaning of exploitation is to deprive a person of his share, reward, or remuneration for his contribution of labour as well as service for producing wealth. Exploitation occurs when an individual enjoys fruits of labour without contributing to any labour tasks.
India has provided rights against exploitation to citizens to safeguard and protect them against exploitation. Rights against exploitation are fundamental rights that guarantee citizens’ protection and safety from any type of forced labour. Rights against exploitation are mentioned in Article 23 and article 24 under the Indian constitution.
The rights under Article 23 and Article 24 were established, considering several types of exploitation taking place with individuals that they need to get protected from.
Article 23 under the Indian constitution
According to article 23 under the constitution of India :
Trafficking of individuals as well as other comparable kinds of constrained work is not permitted and violation of this would be an offence in the eyes of the law.
Features of Article 23:
- Article 23 protects both citizens as well as non-citizens against state and private individuals in the exploitation aspect.
- Article 35 gives authority to Parliament to establish laws for punishing the acts which are not allowed under Article 23.
- Article 23 makes the state responsible for recognizing & abolishing any such kind of bad practices.
Article 24 under the Indian constitution
It is vital to give children their respective rights to safeguard them. Article 24 mentions the rights that are given to children to protect them against exploitation. According to article 24, the following rights are provided to children.
- Children should be able to express their views freely. Their views must be considered according to their age and maturity.
- The child’s best interest must be the primary consideration before taking any action related to children by public authorities or private institutions.
- Every child should be able to maintain a stable fundamental personal relationship as well as direct contact with both their parents.
Laws passed following Article 24 within India –
Factories Act of 1948
Factories act of 1948 was the first law passed after Indian independence. Factories act of 1948 established a minimum age limit for factory workers. The Act established a minimum age of 14 years.
This Act was revised in 1954, and this Act was amended to prohibit children under 17 years of age from working at night.
The Mines Act of 1952
The Mines Act of 1952 was initiated to regulate the mining industry. This law was established to prevent minors (below 18 years) from working in mines.
The 1986 Child Labor (Prohibition and Regulation) Act
The 1986 Child Labor (Prohibition and Regulation) Act was enacted to prohibit and regulate child labour.
The law specified where and how minors might be taken for employment and where they should not. A child is a person who is below 14 years of age and where and how they could not. A child is defined as an individual who has not yet reached the age of fourteen.
The Child Labor (Prohibition and Regulation) Amendment Act of 2016
The Child Labor (Prohibition and Regulation) Amendment Act of 2016 prohibits and regulates child labour.
Children who are below 14 years can’t be taken for employment and neither can they work in hazardous activities under this Act.
Conclusion
Exploitation refers to depriving a person of their share, reward, or remuneration for his contribution of labour. To safeguard the Indian citizens against exploitation, there are rights against exploitation that are mentioned in Article 23 and article 24 under the Indian constitution. Article 23 and article 24 provide individuals safety from any kind of exploitation such as human trafficking, begar, and forced labour. Along with this, children are also provided security against exploitation. Therefore, article 23 and Article 24 play a critical role in giving citizens the protection and safety they deserve.
India is a democratic country where every individual deserves equal rights along with protection against exploitation of any kind.