Articles 23 and 24 of the Indian Constitution provide the right against exploitation. These crucial fundamental rights guarantee that no citizen will be subjected to any form of forced labor. You may learn everything there is to know about the right against exploitation and how it relates to the IAS exam in this article. The right against exploitation is protected by two provisions of the Constitution. Below is a description of them:
Article 23 – Prohibition of traffic in human beings and forced labor
Right against Exploitation Article 23
Trafficking in human beings, soliciting for money, and other similar types of forced labor are forbidden, and any violation of this rule is a crime subject to legal sanctions.
Nothing in this right against exploitation article prohibits the State from requiring mandatory service for public reasons, and when doing so, the State shall not discriminate solely on the basis of religion, race, caste, or class, or any combination of these factors.
The utilization of another person’s services through coercion or unpaid labor is referred to as exploitation.
In India, numerous underprivileged groups were compelled to perform manual and agricultural labor without receiving any compensation.
Beggar is the name for unpaid labor.
Any kind of exploitation is prohibited by Article 23.
A person cannot be forced to perform labor against their choice, even if payment is provided.
The Constitution forbids forced labor. If the worker receives less than the minimum wage, it is deemed forced labor.
Additionally, this provision declares “bound labor” unconstitutional.
When someone is coerced into providing services to pay off an unrepayable loan or obligation, this is known as bonded labor.
Any form of compulsion is prohibited by the Constitution. Therefore, it is unlawful to force landless people into labor and vulnerable women into prostitution.
Trafficking is also declared unconstitutional by the right against exploitation 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 broad application because it also mentions “forced labor” 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 behavior 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.
Suppression of Immoral Traffic in Women and Girls Act of 1956 is one of the laws established by the Parliament in accordance with Article 23.
1976 Bonded Labor System (Abolition) Act
Right against Exploitation 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. It has been mentioned that fundamental rights of whether they are labor or beggar kids must be given.
Children under the age of 14 are never allowed to work in any dangerous jobs, factories, or mines, per this right against exploitation article.
Children may, however, be employed in non-hazardous jobs.
In order to create a comprehensive framework for the prevention, prohibition, and rehabilitation of child.
Adolescent workers, the government published the aforementioned Rules in 2017 about right against exploitation.
The Rules safeguard artists by specifying working hours, circumstances, basic rights, and family enterprises.
Pingbacks and Tracebacks
[…] employees have the fundamental right to expect that their employers will adhere to the FLSA, which is the primary federal employment […]