In this article we are discussing about one of the Fundamental Rights that is Right Against Exploitation under Article 23&24 of the Constitution of India

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 offence 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 Slate 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 ongin. 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, hon-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 Begår.

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 "begar" 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 IX 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 is a cornerstone of the Indian Constitution, reflecting the nation's commitment to preserving human dignity and freedom. By upholding this fundamental right, India strives to create a society where every individual can thrive without fear of exploitation. As citizens, it is our collective responsibility to support initiatives that combat exploitation and protect the rights of the vulnerable. Let us remember that a nation's greatness is measured not only by its economic progress but also by how it safeguards the rights and liberties of its people. The Right Against Exploitation serves as a guiding light in this pursuit of justice and equality for all.

BASIC FEATURES OF INDIAN CONSTITUTION:

A Constitution means a document having a special legal sanctity which sets out the framework and the principal functions of the organs of the Government of a State and declares the principle governing the operation of those organs.

The 26th of January 1950 was a red-letter day in the long and chequered history of India. For, on that day the present Constitution of India was brought into force which announced to the world the new birth of new republic.

The essentials feature of the Indian Constitution can broadly classify into three kinds, respectively.

A.  Salient features.

B.  Unitary features and

C.  Federal features.

A. SALIENT FEATURES OF THE INDIAN CONSTITUTION:

The following are the important salient features of Indian Constitution-

1.  lengthiest Constitution in the world:

The Indian Constitution is the lengthiest Constitution in the world. Indian Constitution originally constituted of 395 Articles divided into 22 Parts and 8 Schedules. At, present there is 448 Articles divided into 25 Parts and 12 Schedules.

2. Parliamentary form of Government:

The Constitution of India established parliamentary for of Government both at the Centre and States. It provides for a full-fledged democracy. In parliamentary democracy elections are held at regular intervals for choosing the representatives of the people who control the executives & the council of minister is collectively responsible to them [Article – 75(3)]

3. Fundamental Rights:

The Constitution of India has declared various fundamental rights to every citizen of India under Part-III of the Constitution.

These rights are as follows: -

                     i.        Right to Equality

                   ii.        Right to Freedom

                  iii.        Right against exploitation

                  iv.        Right to freedom of religion

                    v.        Cultural and Educational Rights, and

                  vi.        Right to Constitutional remedies.

4. Directive Principle of State Policy (DPSP):

The Directive Principle of State Policy (DPSP) contained in Part-IV of the Constitution. Unlike Fundamental Rights, these rights are not justiciable. The Government are not bound to protect these principles. Only for the welfare of the state constitution makers kept it in the Constitution.

5. Fundamental Duties:

The Constitution 42^nd Amendment Act, 1976 has declared various fundamental duties. The fundamental duties are indeed to serve a constant reminder to every citizen of the country. Article-51(A) deals with these fundamental duties.

6. An independent judiciary:

For protecting the fundamental rights and safeguard the constitution independent judiciary is present here. Federal Courts and Supreme Court acting as a guardian of fundamental rights. It is the custodian of citizens. Besides, in a federal constitution it plays another significant role of determining the limits of power of the Centre and State.

7. A secular state:

A secular state has no recognized religion. It treats all religions equally. The preamble has declared India as a secular state. Every citizen can practice his own religion.

8. Single citizenship:

Though, the Constitution of India is federal but, single citizenship is there. Single citizenship is the citizenship of whole over the country.

9. Unique blend of rigidity and flexibility:

It has been the nature of the amending process itself in federation which had led political scientists to classify federal constitution as rigid. A rigid constitution is one which requires a special method of amendments for amend any of its provisions, while in flexible constitution any of its provisions can be amend by ordinary legislative process. A written constitution said to be rigid. The Indian Constitution, though written, is sufficiently rigid. Here’s only few provisions which require the consent of half of the state legislature to amend those provisions. The rest of the provisions can be amended by a special majority by a special majority of Parliament.

10. A federation with strong centralizing tendency:

The most remarkable feature of the Indian Constitution is that being federal constitution it acquires a unitary character during the time of emergency. During the proclamation of emergency, the normal distribution of power between Centre and State undergoes a vital change. The parliament is empowered to legislate on any subject mentioned in the state list. The Central Government is empowered to give direction to states as to the manner in which it should exercise its executive powers. Thus during the proclamation of emergency all powers are centralized in union government and acquires unitary character. This combination of federal and unitary system in unique feature of the Indian Constitution.

11. Adult Suffrage:

The old system of communal election has been abolished and the uniform adult suffrage has been adopted. Under the Indian Constitution every man and women above 18 years of age has been given the right to elect representatives for the legislature.

12. Judicial Review:

The Constitution provides for the judicial review of the acts of legislature. Judicial Review is the power of the court to pronounce upon the constitutionality of legislative acts which fall within their normal jurisdiction to enforce and the power to refuse to enforce such as they find to be unconstitutional and hence void.

B. UNITARY FEATURES OF INDIAN CONSTITUTION:

In Unitary Constitution the power of the government is centralized in one government viz, the Central Government. The provinces are subordinate to the Centre.

The Indian Constitution has the following unitary features –

1. Appointment of Governors:

The Governor of a states is appointed by the President. Article 155 and 156 deals with the appointment of Governor. The Governor is the constitutional head of the state, who shall normally acting according with advice of council of ministers. There are provisions in the constitution under which the Governor is required to send certain state laws for the assent of the President. President has the power to give veto on any of laws send to him for assent. So, it’s a unitary feature of Indian Constitution.

2. Parliament’s power to legislate in the national interest:

Under Article 249 Parliament has the power to make laws in the national interest, if the Rajya Sabha passed any resolution with 2/3 majority. Then the Central Government will make law for this particular state.

3. Parliament has the power to form a new state and change the boundaries of existing state:

The Parliament of India has the power to form a new state and also has the power to change the boundary of a state. It is the discretion of Central Government.

4. Emergency provisions:

The Constitution envisages three types of emergencies-

         i.        Emergency caused by war or external aggression or armed rebellion (Article-352)

              ii.        Emergency caused by the failure of constitutional machinery (Article-356)

             iii.       Financial emergency (Article-360)

Above three types of emergency provisions apply only by the wishes of Central Government.

The all above mentioned features are the unitary features of the Indian Constitution.

C. FEDERAL FEATURES OF INDIAN CONSTITUTION:

A Federal Constitution there is a division of powers between the Federal and State govt., and both are independent in their own sphere.

According to Prof. Wheare, Federal Principles is meant method of dividing powers, so that the general and regional government are each within a sphere co-ordinate and independent. Both the federal and regional government are co-ordinate and independent in their spheres and subordinate to one another.

Following are the important federal feature of Indian Constitution-

1. Distribution of power:

The distribution of power is an essential feature of Indian Constitution. Federalism means the distribution of powers among the units. The basis of such distribution is the matter important to the nations are in hands of the Central Government and the regional matters are in the hands of State Governments.

2. Supremacy of Constitution:

A federal state derives its existence from the constitution, just as corporation derives its existence from the grant by which it is created. Hence, every power, executive, legislative or judicial whether it belongs to the nation or to the individual state is subordinate to and controlled by the constitution. The Constitution in a federal state constitute the supreme Law of the land.

3. A written constitution:

A federal constitution must be written. The foundation of the federal state is complex one. So, if it written in the constitution then non can violate any provision of the constitution. In India a written constitution are there.

4. Rigidity:

A natural corollary of a written constitution is its rigidity. A constitution which is supreme law od the land must also be rigid. Ina rigid constitution the procedure od amendment is very complicated and difficult. A constitution of a country considers to be a permanent document. It is the supreme law of the land. This supremacy of the constitution can only be maintained if the method of amend is rigid.

5. Authority of Court:

In a federal state the legal supremacy of constitution is very essential for the existence of federal system. The nature of the federal state involves a division of a power between the central and state government. It is therefore essential to maintain this division of power between two levels of governments. The Authority of Court also necessary because it interpret the constitution. So, it keeps the balance with federal system.

Above mentioned features are the federal features of the Indian constitution. And here we can say that the feature of Indian constitution is mixer of federal and unitary character.