Right Against Exploitation – Articles 23 and 24 of the Indian Constitution

Introduction

The Right Against Exploitation safeguards the human dignity and liberty of all citizens by protecting them from exploitation. Articles 23 and 24 of the Indian Constitution address this fundamental right, prohibiting practices such as beggarism, slavery, child labour, bonded labour, and other forms of forced labour. These articles ensure that exploitation, particularly of the weaker sections by the stronger, is a punishable offence.

Right Against Exploitation: Articles 23 and 24

Article 23: Prohibition of Human Trafficking and Forced Labour

Article 23 explicitly prohibits human trafficking, beggar, and forced labour. The provisions under Article 23 include:

Article 23(1)

• Provision: Prohibits trafficking in human beings, beggar, and other forms of forced labour.
• Punishment: Violation of this provision is punishable by law.

Article 23(2)

• Provision: Allows the state to impose compulsory service for public purposes (e.g., conscription for military service), provided there is no discrimination on grounds of religion, race, caste, or class.

Article 24: Prohibition of Employment of Children in Factories, etc.

Article 24 protects children from exploitation by prohibiting their employment in hazardous work.

• Provision: No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
• Exceptions: Allows the employment of children in non-hazardous work.

Laws Related to Right Against Exploitation

Laws Enacted Under Article 23

1.     Suppression of Immoral Traffic in Women and Girls Act, 1956

·         Purpose: Protects women and girls from forced prostitution.

·         Penalties: Offenders are subjected to imprisonment and fines.

2.     Bonded Labour System (Abolition) Act, 1976

·         Purpose: Abolishes bonded labour and prevents the physical and economic exploitation of the weaker sections.

·         Provisions: Declares all bonded labourers as free and abolishes all obligations to repay bonded debt.

Laws Enacted Under Article 24

1.     The Factories Act, 1948

·         Provision: Prohibits the employment of children below the age of 14 in factories.

·         Amendments: Sets the minimum age for night work at 17 years.

2.     The Mines Act, 1952

·         Provision: Sets the minimum age for employment in mines at 18 years.

3.     Child Labour (Prohibition and Regulation) Act, 1986

·         Provision: Prohibits the employment of children below 14 years in certain hazardous occupations and processes.

4.     Child Labour (Prohibition and Regulation) Amendment Act, 2016

·         Provision: Prohibits the employment of children between 14-18 years in hazardous occupations.

5.     Child Labour (Prohibition and Regulation) Amendment Rules, 2017

·         Provision: Clarifies working conditions for children in family enterprises and self-employed artists.

Steps to Control Child Labour

The Supreme Court, in M.C. Mehta vs. State of Tamil Nadu, recommended several measures to control child labour, including:

• Conducting surveys to identify child labour.
• Providing educational opportunities to children removed from hazardous work.
• Offering financial assistance to families of child labourers.
• Ensuring that employers bear the cost of education for children working in non-hazardous jobs.

Exceptions Under Articles 23 and 24

Exceptions under Article 23

• Article 23(2): Allows the state to impose compulsory services for public purposes, provided there is no discrimination based on race, religion, caste, or class.

Exceptions under Article 24

• Article 24 is absolute in prohibiting the employment of children under 14 years in hazardous work. However, it allows for non-hazardous employment under specific regulations.

Key Points

• Article 23: Prohibits human trafficking, beggar, and forced labour.
• Article 24: Prohibits the employment of children in hazardous conditions.
• Laws: Various laws, including the Bonded Labour System (Abolition) Act and the Child Labour (Prohibition and Regulation) Act, enforce these rights.
• Supreme Court Judgements: Important cases like PUDR v. Union of India (1982) expanded the interpretation of forced labour to include economic coercion.

Relevant Articles and Case Laws

Articles

• Article 23: Prohibition of human trafficking and forced labour.
• Article 24: Prohibition of employment of children in factories and hazardous conditions.
• Article 35: Empowering Parliament to make laws for enforcing the provisions of Articles 23 and 24.

Case Laws

1.     PUDR v. Union of India (1982)

·         Decision: Expanded the definition of forced labour to include economic compulsion.

2.     M.C. Mehta vs. State of Tamil Nadu

·         Decision: Laid down guidelines for the rehabilitation of child labourers.

MCQs for UPSC Exam

Question 1:

Which Article of the Indian Constitution prohibits the employment of children in factories and hazardous occupations?

1.     Article 19

2.     Article 21

3.     Article 23

4.     Article 24

Answer: 4. Article 24

Explanation: Article 24 prohibits the employment of children below 14 years in factories, mines, and other hazardous occupations.

Question 2:

Which law was enacted to abolish the bonded labour system in India?

1.     Child Labour (Prohibition and Regulation) Act, 1986

2.     Bonded Labour System (Abolition) Act, 1976

3.     Factories Act, 1948

4.     Mines Act, 1952

Answer: 2. Bonded Labour System (Abolition) Act, 1976

Explanation: This act abolishes the bonded labour system and prevents the exploitation of the weaker sections.

Question 3:

Under which Article can the state impose compulsory service for public purposes without discrimination?

1.     Article 19

2.     Article 20

3.     Article 23(2)

4.     Article 24

Answer: 3. Article 23(2)

Explanation: Article 23(2) allows the state to impose compulsory services for public purposes without discrimination based on race, religion, caste, or class.

Question 4:

Which Act protects women and young girls from forced prostitution?

1.     Bonded Labour System (Abolition) Act, 1976

2.     Mines Act, 1952

3.     Suppression of Immoral Traffic in Women and Girls Act, 1956

4.     Factories Act, 1948

Answer: 3. Suppression of Immoral Traffic in Women and Girls Act, 1956

Explanation: This act protects women and young girls from being forced into prostitution.

Question 5:

Which Supreme Court case expanded the definition of forced labour to include economic coercion?

1.     Romesh Thappar v. State of Madras

2.     M.C. Mehta vs. State of Tamil Nadu

3.     PUDR v. Union of India

4.     Maneka Gandhi v. Union of India

Answer: 3. PUDR v. Union of India

Explanation: The Supreme Court in PUDR v. Union of India expanded the definition of forced labour to include economic coercion.

Question 6:

What does Article 24 of the Indian Constitution prohibit?

1.     Employment of children in family businesses

2.     Employment of children in hazardous occupations

3.     Compulsory service for public purposes

4.     Trafficking in human beings

Answer: 2. Employment of children in hazardous occupations

Explanation: Article 24 prohibits the employment of children below the age of 14 years in hazardous occupations.

Question 7:

Which Article deals with the prohibition of human trafficking in India?

1.     Article 19

2.     Article 20

3.     Article 23

4.     Article 24

Answer: 3. Article 23

Explanation: Article 23 deals with the prohibition of human trafficking and forced labour.

Question 8:

Which Act sets the minimum age for employment in mines at 18 years?

1.     Factories Act, 1948

2.     Mines Act, 1952

3.     Child Labour (Prohibition and Regulation) Act, 1986

4.     Bonded Labour System (Abolition) Act, 1976

Answer: 2. Mines Act, 1952

Explanation: The Mines Act, 1952 sets the minimum age for employment in mines at 18 years.

Question 9:

Which Article of the Indian Constitution allows the state to impose compulsory service for public purposes?

1.     Article 23(1)

2.     Article 23(2)

3.     Article 24

4.     Article 21

Answer: 2. Article 23(2)

Explanation: Article 23(2) allows the state to impose compulsory services for public purposes without discrimination.

Question 10:

What does the Child Labour (Prohibition and Regulation) Amendment Act, 2016 prohibit?

1.     Employment of children below 14 years in all occupations

2.     Employment of children below 14 years in hazardous occupations

3.     Employment of children between 14-18 years in hazardous occupations

4.     Employment of children below 18 years in all occupations

Answer: 3. Employment of children between 14-18 years in hazardous occupations

Explanation: The Child Labour (Prohibition and Regulation) Amendment Act, 2016 prohibits the employment of children between 14-18 years in hazardous occupations.

This detailed analysis provides comprehensive coverage of the Right Against Exploitation under Articles 23 and 24, along with relevant constitutional provisions, landmark judgments, and statutory laws, tailored for UPSC exam preparation.