Right against Exploitation: A Fundamental Right in India
Exploitation is a term that refers to the unfair or unjust treatment of a person or a group of people for the benefit or advantage of another person or group. Exploitation can take various forms, such as slavery, trafficking, forced labour, child labour, bonded labour, etc. Exploitation violates the dignity, liberty and equality of human beings and is a serious threat to their well-being and development. Indian Constitution provides for Right against Exploitation through Article 23 and 24.
In India, the right against exploitation is a fundamental right guaranteed by the Constitution of India. It is enshrined in Articles 23 and 24 of the Constitution and is considered as one of the essential rights for ensuring social justice and human rights. The right against exploitation prohibits any form of exploitation and provides legal protection and remedies for the victims of exploitation.
In this article, we will discuss the scope and significance of the right against exploitation in India and how it can be protected and enforced.
What are the Constitutional Provisions related to the Right against Exploitation?
The constitutional provisions related to the right against exploitation are given in Articles 23 and 24 of the Constitution of India. They are:
Article 23 – Prohibition of traffic in human beings and forced labour
This article prohibits any form of traffic in human beings, begar (forced labour without payment) and other similar forms of forced labour. It also declares that any violation of this provision shall be an offence punishable by law. However, this article does not prevent the State from imposing compulsory service for public purposes, such as conscription to the armed forces, provided that there is no discrimination on grounds of religion, race, caste, class or any of them.
Article 24 – Prohibition of employment of children in factories, etc.Â
This article prohibits the employment of children below the age of 14 years in any factory, mine or any other hazardous occupation. It also prohibits the employment of children in any work that is likely to affect their health or education.
What is the Scope and Significance of the Right against Exploitation?
The right against exploitation is a broad and comprehensive right that covers various aspects and dimensions of exploitation. It aims to protect the dignity, liberty and equality of every person from any form of exploitation by anyone, whether by the State or by private individuals or entities. It also aims to promote social justice and human rights by ensuring that every person has access to adequate and fair wages, working conditions, education, health care and other opportunities for their well-being and development.
The right against exploitation is a significant right as it:
- Recognizes and respects the inherent worth and dignity of every human being.
- Empowers and enables every person to live a life of freedom and dignity without any fear or coercion.
- Protects and safeguards every person from any harm or abuse that may result from exploitation.
- Promotes and ensures social justice and human rights by eliminating all forms of discrimination, oppression and injustice that may arise from exploitation.
- Enhances and fosters social harmony and national integration by preventing any conflict or violence that may arise from exploitation.
How can the Right against Exploitation be Protected and Enforced?
The right against exploitation can be protected and enforced by:
- The judiciary , which is the guardian of the Constitution and the fundamental rights. It can issue writs such as habeas corpus , mandamus , prohibition , quo warranto and certiorari for the enforcement of these rights. It can also declare any law or action that violates these rights as unconstitutional and null and void.
- The legislature , which can enact laws to give effect to these rights and prescribe punishment for their violation. It can also amend the Constitution to add or modify these rights, subject to the basic structure doctrine .
- The executive , which can implement the laws and policies that uphold these rights and take action against their violation. It can also issue ordinances to protect these rights in case of emergency.
- The civil society , which can raise awareness and mobilize public opinion in favour of these rights and protest against their violation. It can also file public interest litigation (PIL) in the courts for the enforcement of these rights.
What are some of the Laws passed by the Parliament in pursuance of Article 23?
Some of the laws passed by the Parliament in pursuance of Article 23 are:
- The Suppression of Immoral Traffic in Women and Girls Act, 1956: This act aims to prevent immoral traffic in women and girls for prostitution or other purposes.
- The Bonded Labour System (Abolition) Act, 1976: This act aims to abolish bonded labour system in all its forms and free all bonded labourers from their debts.
- The Child Labour (Prohibition & Regulation) Act, 1986: This act aims to prohibit the employment of children in certain hazardous occupations and regulate the conditions of work of children in other occupations.
- The Immoral Traffic (Prevention) Act, 1986: This act aims to prevent immoral traffic in persons for prostitution or other purposes.
- The Prohibition of Child Marriage Act, 2006: This act aims to prohibit child marriage and protect the rights of children from being exploited by such marriages.
What are some of the Landmark Judgments of the Supreme Court related to the Right against Exploitation?
Some of the landmark judgments of the Supreme Court related to the right against exploitation are:
People’s Union for Democratic Rights v. Union of India, 1982
In this case, the Supreme Court held that the payment of less than minimum wages to workers engaged in construction work for the Asian Games was a violation of Article 23 and directed the authorities to pay them the minimum wages.
Bandhua Mukti Morcha v. Union of India, 1984
In this case, the Supreme Court held that bonded labour was a form of forced labour and a violation of Article 23 and directed the authorities to identify and release all bonded labourers and provide them with rehabilitation and compensation.
M.C. Mehta v. State of Tamil Nadu, 1996
In this case, the Supreme Court held that the employment of children in match factories was a violation of Article 24 and directed the authorities to stop such employment and provide them with education and compensation.
Conclusion
The right against exploitation is a fundamental right that prohibits any form of exploitation and provides legal protection and remedies for the victims of exploitation. It is enshrined in Articles 23 and 24 of the Constitution of India and is considered as one of the essential rights for ensuring social justice and human rights. We have discussed the scope, significance, protection, enforcement, laws and judgments related to the right against exploitation in India. The right against exploitation is a dynamic concept that evolves with changing times and circumstances. The Supreme Court has interpreted this right in various ways to expand its scope and content. The right against exploitation is not only a legal right but also a moral right that reflects our values and aspirations as a nation. It is our duty and responsibility to respect, protect and promote this right for ourselves and others. It is also our privilege and opportunity to enjoy this right for our personal growth and social development.
Important QnA related to Right against Exploitation
Q1. What is the Right against Exploitation?
A. The Right against Exploitation is one of the fundamental rights enshrined in Articles 23 and 24 of the Indian Constitution. It prohibits all types of forced labor, child labor, and trafficking of people.
Q2. What are the articles that guarantee the right against exploitation?
A. The right against exploitation is enshrined in Articles 23 and 24 of the Indian Constitution.
Q3. What does Article 23 of the Indian Constitution say?
A. Article 23 of the Indian Constitution prohibits traffic in human beings and forced labor.
Q4. What does Article 24 of the Indian Constitution say?
A. Article 24 of the Indian Constitution prohibits employment of children below the age of fourteen years in any factory or mine or engaged in any other hazardous employment.
Q5. What is bonded labor?
A. Bonded labor is when a person is forced to offer services out of a loan/debt that cannot be repaid.
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