Overview

The Right against Exploitation is a crucial fundamental right that prohibits various forms of exploitation, including human trafficking, forced labor, and child labor. This right aims to protect the dignity and freedom of individuals, especially the vulnerable sections of society.

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

Article 23 prohibits human trafficking and forced labor:

• Prohibition of Traffic in Human Beings: The buying and selling of human beings, including women and children for immoral purposes, is completely prohibited
• Prohibition of Begar: Forced labor without payment is prohibited
• Prohibition of Other Forms of Forced Labor: Any form of forced labor is unconstitutional
• Exception: The State can impose compulsory service for public purposes (like military service or social service) without discrimination

Scope: This article applies to both State and private individuals. Violation of this right is a punishable offense under various laws including the Immoral Traffic (Prevention) Act, 1956, and the Bonded Labor System (Abolition) Act, 1976.

Article 24: Prohibition of Employment of Children in Factories

Article 24 prohibits the employment of children below the age of 14 years:

• No child below the age of 14 years shall be employed to work in any factory or mine
• No child shall be engaged in any other hazardous employment
• This provision aims to protect children from exploitation and ensure their right to education and development

Supporting Legislation:

• Child Labor (Prohibition and Regulation) Act, 1986
• Right to Education Act, 2009 (makes education compulsory for children 6-14 years)
• Factories Act, 1948
• Mines Act, 1952

Forms of Exploitation Prohibited

• Human Trafficking: The illegal trade of human beings for forced labor, sexual exploitation, or other purposes
• Forced Labor: Any work or service extracted from a person under threat or coercion
• Bonded Labor: A system where a person is forced to work to pay off a debt
• Child Labor: Employment of children in hazardous occupations
• Begar: Unpaid forced labor

Constitutional Provisions and Laws

Supporting Constitutional Provisions:

• Article 39(e) and (f) of Directive Principles of State Policy direct the State to ensure that children are not abused and are given opportunities to develop in a healthy manner
• Article 45 (before amendment) provided for free and compulsory education for children
• Article 21A now guarantees right to education for children aged 6-14 years

Significance

The Right against Exploitation is essential for:

• Protecting human dignity and freedom
• Eliminating social evils like human trafficking and forced labor
• Ensuring children's right to education and development
• Creating a just and equitable society
• Upholding the principles of social justice

Landmark Cases

• People's Union for Democratic Rights v. Union of India (1982): Expanded the scope of Article 23 to include all forms of forced labor
• Bandhua Mukti Morcha v. Union of India (1984): Recognized bonded labor as a violation of Article 23
• M.C. Mehta v. State of Tamil Nadu (1996): Strengthened prohibition of child labor and emphasized rehabilitation

Current Status and Challenges

Despite constitutional provisions and various laws, exploitation still exists in various forms:

• Human trafficking continues to be a major concern
• Child labor persists in various sectors
• Bonded labor still exists in some parts of the country
• Need for better implementation and enforcement of laws
• Requirement for rehabilitation and support systems for victims