Rights against Exploitation

Rights against Exploitation, enshrined in Articles 23 and 24 of the Indian Constitution, aim to safeguard individuals, especially vulnerable sections of society, from various forms of exploitation. These rights underscore the commitment of the state to uphold human dignity, eradicate oppressive practices, and ensure equitable conditions for all citizens.

Article 23: Prohibition of Traffic in Human Beings and Forced Labour

1. Scope of the Right
   • Prohibits trafficking in humans, forced labour, and similar exploitative practices.
   • Extends to bonded labour, child trafficking, and sexual exploitation.

2. Universal Applicability

   • Applies to both state and private individuals. No individual or organization can engage in such practices.
3. Exceptions
   • Compulsory services for public purposes, such as military service or social welfare activities, are not considered forced labour.
   • However, these must not discriminate based on religion, race, caste, or class.

4. Judicial Interpretations

People’s Union for Democratic Rights v. Union of India (1982): The Supreme Court held that forcing individuals to work for less than minimum wages amounts to forced labour under Article 23.

Article 24: Prohibition of Employment of Children in Hazardous Industries

1. Scope of the Right

   • Prohibits the employment of children below the age of 14 in factories, mines, or any hazardous occupation.
   • Recognizes the need to protect children’s health and secure their right to education.

2. Complementary to Other Laws

   • Works in conjunction with legislations such as the Child Labour (Prohibition and Regulation) Act, 1986, and the Right of Children to Free and Compulsory Education Act, 2009.

3. Judicial Interpretations

M.C. Mehta v. State of Tamil Nadu (1996): The Supreme Court directed measures to eliminate child labour and ensure their education.

Importance of Rights Against Exploitation

• Preservation of Human Dignity

Protects individuals from degrading practices that strip them of basic human dignity.

• Social Justice

Aims to reduce systemic inequalities by targeting exploitative practices rooted in socio-economic disparities.

• Protection of Children

Shields children from exploitation, ensuring their physical, mental, and emotional well-being.

• Economic Impact

Promotes fair labour practices and prevents exploitation, fostering a more equitable economy.

Challenges in Implementation:

• Trafficking and Forced Labour

Despite constitutional safeguards, human trafficking and bonded labour persist due to poverty, lack of education, and ineffective law enforcement.

• Child Labour

Children continue to be employed in hazardous industries, especially in informal sectors, due to socio-economic compulsions.

• Loopholes in Laws

Ambiguities in legislations often hinder effective enforcement.

• Awareness and Education

Lack of awareness about these rights among vulnerable groups exacerbates exploitation.

Government Initiatives

• Bachpan Bachao Andolan

A movement to rescue and rehabilitate children from exploitative labour.

• National Anti-Trafficking Bureau

Strengthens efforts to combat human trafficking.

• Skill India Program

Provides vocational training to uplift marginalized sections and reduce dependency on exploitative labour.