Right against forced Labour and Child employment

The Right against Forced Labour and Child Employment is enshrined in Articles 23 and 24 of the Indian Constitution, reflecting India’s commitment to safeguarding human dignity, preventing exploitation, and promoting the welfare of its citizens, especially vulnerable groups. These rights not only uphold individual freedoms but also resonate with global conventions on human rights and child protection.

Article 23: Prohibition of Forced Labour

1. Scope of the Right

   • Article 23 prohibits trafficking in human beings, forced labour, and similar exploitative practices.
   • It is universally applicable, extending to both the state and private entities, ensuring that no one is subjected to coercive or exploitative practices.

2. Forced Labour Defined

   • Any labour performed under coercion, threat, or physical force without adequate compensation is considered forced labour.
   • This includes bonded labour, human trafficking, and work extracted under the pretext of debt repayment.
3. Exceptions
   • The state can impose compulsory service for public purposes, such as military service or disaster relief, provided it does not discriminate based on religion, caste, or class.

4. Judicial Interpretation

In People’s Union for Democratic Rights v. Union of India (1982), the Supreme Court clarified that forcing individuals to work for wages below the legal minimum also constitutes forced labour under Article 23.

Article 24: Prohibition of Child Employment

1. Scope of the Right

   • Article 24 prohibits the employment of children below the age of 14 in factories, mines, or any hazardous occupation.
   • The aim is to safeguard children’s physical and mental health and ensure their access to education.

2. Complementary Legislation

   • The Child Labour (Prohibition and Regulation) Act, 1986 defines hazardous industries and regulates child labour in permissible sectors.
   • The Right of Children to Free and Compulsory Education Act, 2009 reinforces the need to prioritize education over employment for children.

3. Judicial Interpretation

In M.C. Mehta v. State of Tamil Nadu (1996), the Supreme Court directed the state to implement rehabilitation programs for child labourers and provide access to education.

Importance of Articles 23 and 24

• Preservation of Human Dignity

These provisions uphold the fundamental right to live a life free of exploitation and coercion.

• Protection of Vulnerable Groups

Focuses on safeguarding marginalized communities and children, who are most susceptible to exploitation due to poverty and lack of education.

• Economic Justice

Prevents exploitative practices that perpetuate inequality and promotes fair labour practices.

• Global Compliance

Aligns India with international standards such as the Universal Declaration of Human Rights and the UN Convention on the Rights of the Child.

Challenges in Implementation

• Persistence of Forced Labour

Despite legal safeguards, bonded labour and human trafficking continue in rural and urban areas, often fueled by poverty and social inequalities.

• Widespread Child Labour

Millions of children are employed in informal sectors, such as agriculture, domestic work, and small-scale industries, due to economic compulsion.

• Lack of Awareness

Many vulnerable individuals are unaware of their rights and remain trapped in exploitative conditions.

• Ineffective Enforcement

Weak implementation of laws and corruption hinder efforts to eliminate forced labour and child employment.

• Ambiguities in Laws

Certain exemptions in child labour laws, such as permitting children to work in family enterprises, often lead to exploitation.

Government Initiatives

• Rehabilitation of Bonded Labour

The government’s Bonded Labour System (Abolition) Act, 1976 aims to identify, release, and rehabilitate bonded labourers.

• Eradication of Child Labour

The National Child Labour Project (NCLP) scheme focuses on rescuing children from labour and enrolling them in special schools.

• Anti-Trafficking Measures

The establishment of anti-trafficking units and initiatives like Operation Smile seeks to combat human trafficking and forced labour.

• Skill Development Programs

Initiatives such as Skill India aim to empower families with vocational training, reducing the economic need for child labour.