Right against Exploitation
Article 23 – Prohibition of traffic in human beings and forced labour
Article 23(1): Human trafficking, being a beggar, and other similar forms of forced labour are forbidden, and anyone found in violation of this rule faces legal penalties.
Article 23(2): Nothing in this article is intended to preclude the State from requiring mandatory service for public reasons, and when doing so, the State is prohibited from discriminating only on the basis of race, religion, caste, or class.
- The utilisation of another person's services through coercion or unpaid labour is referred to as exploitation.
- In India, numerous underprivileged groups were compelled to perform manual and agricultural labour without receiving any compensation.
- Begar is the name for unpaid labour.
- Any kind of exploitation is prohibited by Article 23.
- A person cannot be forced to perform labour against their choice, even if payment is provided.
- The Constitution forbids forced labour. If the worker receives less than the minimum wage, it is deemed forced labour.
- Additionally, this provision declares "bound labour" unconstitutional.
- When someone is coerced into providing services to pay off an unrepayable loan or obligation, this is known as bonded labour.
- Any form of compulsion is prohibited by the Constitution. Therefore, it is unlawful to force landless people into labour and vulnerable women into prostitution.
- Trafficking is also declared unconstitutional by the article.
- Men and women are bought and sold as part of trafficking for immoral and unlawful purposes.
- Despite the fact that the Constitution does not expressly forbid "slavery," Article 23 has a broad application because it also mentions "forced labour" and "trade."
- Citizens are protected by Article 23 against both the State and private individuals.
- The State has a duty to protect its inhabitants from these ills by punishing those who do these acts (which are regarded as crimes) and by taking steps to eradicate them from society.
- The Parliament may pass laws to punish behaviour that is forbidden under Article 23 under Article 35 of the Constitution.
- Clause 2 suggests that conscription to the armed forces and other obligatory duties for the public good are not unconstitutional.
- Legislation enacted by the Parliament in accordance with Article 23
- Suppression of Immoral Traffic in Women and Girls Act, 1956
- Bonded Labour System (Abolition) Act, 1976
Article 24 – Prohibition of employment of children in factories, etc.
No kid under the age of fourteen may be employed to work in a factory, mine, or in any other hazardous occupation, according to Article 24.
- Children under the age of 14 are never allowed to work in any dangerous jobs, factories, or mines, per this article.
- However, the employment of children in non-hazardous work is allowed.
Consequently, in this instance, the right against exploitation is being infringed.
In May 2005, children of 5 years were found to work forcibly in iron ore mines in Sandur and the Ikal areas in Karnataka. Which of the following rights is being violated in this case?
In May 2005, children of 5 years were found to work forcibly in iron ore mines in Sandur and the Ikal areas in Karnataka. The right against exploitation is being violated in this case.