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Indian Polity / Fundamental Rights

Right against Exploitation in India

Articles 23 to 24 of the Indian Constitution deal with Right against Exploitation in India. Exploitation means forcing or compelling a person to do a work which he is not willing to do and it enforces for the dignity of an individual.

Right Against Exploitation under Indian Constitution

The provisions of Right against Exploitation under Indian Constitution are mentioned below

  • Article 23 says that trafficking in human beings especially women and children is prohibited. Trafficking means forcing women and children into bonded labour, begar, slavery, prostitution, Devadasi systems, etc, which are immoral. That is indecency, obscenity, immorality against the women and children is a crime.

    Begar is nothing but a system where the landlords force the tenants to provide almost free service without giving any payment.

    The laws that were made to enforce this provision are Bonded Labour System (Abolition) Act, 1976 and Immoral Traffic (Prevention) Act, 1986.

    Immoral Traffic (Prevention) Act, 1986 deals with various forms of trafficking in the human beings. Similarly, Bonded Labour System (Abolition) Act, 1976 deals with all kinds of bonded or forced labour in India.

  • Article 24 says that no child or children below the age of 14 shall be getting employed in any factory or mine. He cannot be employed in any hazardous environment but there is no restriction on working in non-hazardous environment.

    The Child Labour (Prohibition and Regulation) Act 1986 mentions the sectors which cannot employ child labour. It also specifies the work hours, rest periods, working conditions, etc. so as to reduce the exploitation of children in the non-hazardous sectors.

Right against Exploitation in India is made available to all the individuals irrespective of their citizenship. Any individual can avail this fundamental right not only against the State but also against the private individuals or private bodies.

But, there exists certain exemptions where in the State can enforce compulsory services for public purpose like military or social services on individuals without any discrimination on the basis of caste, class, race or religion.