Right against exploitation (Article 23-24) under Constitution of India

 

This article explores about the Right against exploitation enshrined in Article 23-24 of Constitution of India along with landmark SC judgements

 

Introduction

 

The Constitution of India, adopted on January 26, 1950, is a remarkable document that guarantees a plethora of fundamental rights to its citizens. Among these rights is the “Right Against Exploitation,” enshrined in Articles 23 and 24. These provisions are a testament to the nation's commitment to eradicating exploitation in all its forms, be it bonded labor, human trafficking, or the employment of children in hazardous industries.

 

Meaning and Significance:

 

Article 23 and 24 guarantee the fundamental right against exploitation. The right contained in Article 23 and 24 is secured to every person, whether citizen, non-citizen or an alien. The protection contained therein, is available not only against the State but also against private individuals.

 

Article 23(1) provides

 

“Traffic in human beings and beggar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offense punishable in accordance with law.”

 

It further declares that any contravention of this prohibition shall be an offence punishable by law. Article 23(1), thus, envisages legislation for the enforcement of the prohibition contained therein.

 

Traffic in human beings:

 

The expression “traffic in human beings” means any dealing in human beings like chattels. It means selling and buying men or women like goods. It includes immoral traffic in women or girls or subjecting children to immoral or like practices. It also covers “slavery” though it is not expressly mentioned. therein. The expression traffic in human beings have been held to be a very wide expression including the traffic in woman for immoral or other purposes such as making them devadasi or jogins.

 

To enforce the constitutional prohibition against “traffic in human beings”, Parliament, in the exercise of power under Article 35, enacted the Suppression of immoral Traffic in Women and Girls Act, 1956.

 

In Vishal Jeet Vs. Union of India AIR 1990 SC 1412, the Supreme Court issued directions to the State Governments, and Union Territories for eradicating the evil of child prostitution and for evolving programmes for the care, protection, treatment, development and rehabilitation of the young fallen victims.

 

Begar

 

The term “begar” is of Indian origin. It means involuntary work without payment. “Begar” constitutes of two elements -

 

(a) it is to compel a person to work against his will; and

(b) He is not paid any remuneration for that work.

 

Begar thus means labour or service exacted by Government or a person on power without giving remuneration for it.

 

In Suraj Narayan Vs, State of Madhya Pradesh, AIR 1960 M.P. 303, it was held that non-payment of salary to a teacher for unsatisfactory work offended the spirit of Article 23 and amounted to begar.

 

However, a delinquent government servant, on being re-instated in service, would not be entitle to the payment of back wages, in the light of the confidential reports indicating doubtful integrity, though he is acquitted by the criminal court, of the charge of corruption.

 

Again, it cannot be said that a prisoner sentenced to undergo imprisonment with hard labour would be doing begar if prison authorities put him to hard labour. It cannot also be “other similar form of forced labour” offending Article 23(1). However, non-payment of proper remuneration to such prisoner for the labour rendered by them has been held to be forced labour within the meaning of Article 23(1).

 

“Begar” is held to be a form of “forced labour”. To constitute “begar” the person who is compelled to render services is not paid any remuneration. However, it has been held that payment of less than minimum wages is included in the practice of Begar.

 

Similar Forms of Forced Labour

 

In People's Union for Democratic Right Vs. Union of India AIR 1982 SC 1473, the Supreme Court held that Article 23(1) would strike at forced labour in whatever form it might manifest itself. It thus prohibited not only “beggar” or other unpaid labour but also prohibited compelling all unwilling labour, whether paid or not. Any amount of remuneration paid to a person will be immaterial labour, is forced upon him.

 

The Court explained that force or compulsion under Article 23(1) might either be the result of physical force of legal provisions or of want or hunger and poverty.

 

Compulsory Service for Public Purpose [Article 23(2)]

 

Clause (2) of Article 23, an exception to Clause (1), enables the State to impose compulsory service for public purpose. However, while imposing such compulsory service, the State is prohibited from making any discrimination on the ground only or religion, race, caste or class or any of them.

 

The expression “public purpose” includes any object or aim in which the general interest of the community as opposed to the particular interest of individuals, is directly and essentially concerned. It would include the social or economic objective enshrined in Part IV of the Constitution relating to Directive Principles of State Policy.

 

Employment of Children [Article 24]

 

Article 24 provides:

 

“No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment”.

 

This provision read with the Directive Principles of State Policy contained in Article 39(e) and 39(1), provides for the protection of the health and strength of children below the age of fourteen years.

 

In Bandhua Mukti Morcha Vs. Union of India AIR 1997 SC 2218, the Supreme Court reiterated with approval the directions given in M.C. Mehta Ve, State of Tamil Nadu AIR 1997 SC 699, in regard to the constitutional perspective of the abolition of the child labour and the employment of child below the age of 14 years in the notorious Sivakasi Match Industries. Taking note of the cause for failure to implement the constitutional mandate, the Court declared the direction as feasible inevitable and reiterated the need for their speedy implementation.

 

Referring to M.C. Mehta’s case, the Apex Court gave direction to the Government of India to convene within two months from the receipt of order, a meeting of the concerned Ministers of the respective State Governments and their Principal Secretaries, holding concerned Departments, to evolve the principles of/and policies for progressive elimination of employment of the children below the age of 14 years in all employments as mentioned in Mehta's case, and to provide:

 

1. Compulsory education of all children employed in the factories, mine or any other industry, organized or unorganized labour with such timings as is convenient to import compulsory education, facilities for secondary, vocational profession and higher education;
2. Apart from education, periodical health check-up,
3. Nutrient food etc;
4. Entrust the responsibilities for implementation of the principles.

 

The Court further directed that periodical reports of the progress made on that behalf would be submitted to the Registrar of the Supreme Court.

 

Conclusion

 

The Right Against Exploitation under the Constitution of India is a vital component of the nation's commitment to social justice and human rights. While significant progress has been made in addressing various forms of exploitation, many challenges persist. Eradicating exploitation requires not only legal and policy measures but also a concerted effort to address the root causes, such as poverty and lack of education. It is essential for the government, civil society, and individuals to work together to ensure that the constitutional mandate against exploitation is upheld, and the dignity and rights of every citizen are protected.

 

 

FAQ (Frequently asked questions)

 

1. Right against exploitation has been guaranteed in which articles?

Ans: Article 23 to 24.

2. Under which article of the constitution, trafficking in human being and forced labour have been prohibited?

Ans: Article 23.

3. Prohibition of employment of children below the age of fourteen years factories and mines is mentioned in the constitution in which article?

Ans: Article 24.

4. What is the Right against Exploitation in the Indian Constitution?

Ans: The Right against Exploitation is a fundamental right in the Indian Constitution that aims to protect citizens from various forms of exploitation, including forced labor and human trafficking.

5. Which Articles of the Indian Constitution deal with the Right against Exploitation?

Ans: Articles 23 and 24 of the Indian Constitution specifically address the Right against Exploitation.

6. What does Article 23 of the Indian Constitution prohibit?

Ans: Article 23 prohibits forced labor and trafficking in human beings. It declares that these practices are prohibited, and any contravention of this provision is punishable by law.

7. How does Article 24 of the Indian Constitution protect children from exploitation?

Ans: Article 24 prohibits the employment of children below the age of 14 in hazardous occupations. It aims to prevent the exploitation of child labor.

8. Are there any exceptions to the prohibition of forced labor under Article 23?

Ans: Yes, Article 23 allows forced labor as a form of punishment for a crime under the authority of a court. However, it prohibits other forms of forced labor or bonded labor.

9. What is the punishment for engaging in bonded labor in India?

Ans: Engaging in bonded labor is a punishable offense in India. Violators can face imprisonment and fines.

10. How has the Indian judiciary interpreted the Right against Exploitation?

Ans: The Indian judiciary has taken a proactive role in interpreting and expanding the scope of the Right against Exploitation to protect individuals from various forms of exploitation, including human trafficking and child labor.

11. What legal provisions exist in India to combat human trafficking?

Ans: India has various laws, such as the Immoral Traffic (Prevention) Act, to combat human trafficking. These laws aim to prevent the trafficking of persons for the purpose of prostitution and other forms of exploitation.

12. Can citizens and organizations contribute to the protection of the Right against Exploitation in India?

Ans: Yes, citizens and organizations can play a crucial role in raising awareness about exploitation issues, supporting anti-trafficking efforts, and advocating for the protection of the rights of vulnerable individuals, such as children and victims of forced labor.