Rights Against Exploitation As Guaranteed By Constitution Of India
Slavery and any other conduct that compromises an individual's freedom and
dignity are forbidden by Indian law. However, some people continue to believe
that they are better than other people. As a result, millions of women and
children fall prey to human trafficking, and many people are coerced into doing
labour against their will for low wages. The Global Slavery Index estimates that
18.3 million individuals in India were victims of modern slavery in 2016.
According to the 2018 Global Slavery Survey report, child labour and forced
sexual exploitation have increased in the nation.
Human dignity is guaranteed and people are shielded from such exploitation by
the right against exploitation established in Articles 23 and 24 of the Indian
Constitution. preserving, therefore, the ideals of liberty and human dignity
that form the foundation of the Indian Constitution. The word "exploitation" is
derived from French. Its current usage in a broader social context can be linked
to the notion that certain people, groups, or classes unfairly and unjustly
profit on the labour of or at the expense of others, a notion that has been
prevalent throughout the history of western social philosophy. In the third
decade of the 1800s, English socialist and anti-capitalist thinkers developed
the first theory of exploitation in the strict sense of the word, based on the
Recardian Concept.
They strongly denounced the practice and saw all wealth grabbed by capital
owners and employers as an unfair deducted from the fruits of labour. Saint
Sunomans and Proudhon developed the idea based on an understanding of property
as the right to partake in the benefits of labour without having to undertake
any of the labour itself. Marx's writings gave the concept of exploitation a
clear definition by connecting it to surplus value. "Exploitation" is the denial
of someone's rightful compensation through coercion or deceit. Therefore, it is
considered exploitation when someone is denied their right to compensation for
the labour and services they provided to produce the riches.
Our civilization has been damaged by the well-organized exploitation of man and
the denial of social justice to the underprivileged, particularly women,
children, and members of lower castes. Despite the greatest efforts made at the
national and international levels to improve the situation of children, the
exploitation of children has surpassed all boundaries to the point where they
are forced to live as slaves in flagrant violation of their rights. It has
called into question all of the innovation and progress. It poses a serious risk
to humankind.
Child labour is a problem that is similar to a societal curse. In light of the
notion that society is a "living organism," it is evident that the practice of
hiring children rather than giving them access to the resources they need to
grow into adults-such as recreation centres, health care, and education-damages
the foundation of society. How can the exploitation of a helpless, naive,
impoverished child who lacks literacy contribute to dehumanisation? Youngsters
are frequently used as props in the workplace and harassed by adults and other
peers. They are compelled to work extremely long hours in order to make the
meagre money they require for their daily needs because the work is poorly
managed and compensated.
Rights Against Exploitation:
The irony is in the fact that young children are exploited while they should be
receiving the best possible care, love, and education. They are the direct
victims of the current exploitative system, and they are compelled to enter the
workforce since they are not provided with the necessities. They work hard for a
living, but they don't get many chances to advance. India's constitution is a
representation of its people's goals. A democratic welfare state founded on the
principles of equality, liberty, and justice has been formed by the constitution
for those who have been oppressed for ages and denied authority.
They could not make the ideas stated in the constitution a reality, even if they
were guaranteed as fundamental rights. Every person has a right against
exploitation under this article, which forbids exploitation in any manner.
India's constitution specifically states in Articles 23 and 24 that it will
protect people from the plague of exploitation.
Many international organisations and their members in their respective countries
are continuously working to curb the tendency among employees to use child
labour in order to maximise profit, but the results thus far have been far from
satisfactory on both a global and national level. In the majority of developed
nations, child labour has been completely eradicated; nevertheless, in
developing nations, the situation regarding child labour has significantly
gotten worse.
This is primarily because poverty is the primary factor that encourages child
labour, and poverty is more prevalent in developing nations due to the financial
hardships associated with it. The severity of this issue has also taken on
serious dimensions in terms of the employers' excessive exploitation of their
employees. Given that this issue poses a severe threat to society as a whole,
numerous international organisations and agencies, including the International
Labour Organisation, have begun developing policies and action plans to address
it.
In order to protect working children and to combat and eradicate child labour,
the International Labour Organisation took the lead in developing the
International Programme on the Elimination of Child Labour. The International
Labour Organisation has assumed that as children have the right to childhood and
only one chance for growth and development, they cannot wait.
The nation's future lies with its children. Children's physical and intellectual
development has a significant impact on a nation's level of prosperity. In
actuality, they require more protection and care. Childhood is an important time
in life. The correct development of the body and intellect occurs during this
time. The children who work are deprived of the opportunity to engage in
cultural, social, and physical activities that foster their early development.
Because of his immaturity, child labourers often begin earning money at a young
age, which can lead to feelings of independence from their parents, which
frequently leads to them being disobeyed. Family life becomes disorganised as a
result of this.
Occasionally, rather than providing them with financial support, he moves in
with terrible people and picks up bad habits like drinking, smoking, gambling,
and playing video games in theatres. He occasionally descends to such depths
that he develops a drug or other narcotic addiction. His unhealthy habits not
only cause financial ruin for him, but they also hinder his physical and mental
growth. Sometimes a child develops criminal tendencies as a result of these
terrible practices, and eventually he becomes a hardened criminal. It is not so
much a legal regulation issue as it is a social and economic one.
However, the legal component is still quite significant. Mentioning the fact
that child labour has continuously posed a major threat to the State might not
be out of place. A superficial review of the Indian Constitution would indicate
that there aren't many pertinent clauses relating to the Child welfare and child
labour are now included in Parts III and IV of the document that deals with
fundamental rights. The constitution's Article 24 forbids children under the age
of 14 from working in mines, factories, or other dangerous jobs. Noteworthy is
the fact that this article does not.
Establish a strict prohibition on children under the age of fourteen being
employed. Second, the provision forbids children under the age of 14 from
working in mines, factories, or other hazardous jobs. It demonstrates
unequivocally that child work in non-hazardous jobs is not prohibited by the
constitution. It follows that child labour is largely prohibited by Article 24.
It doesn't restrict them from working in any kind of innocent or unrelated job.
But they failed to provide a definition for the word "hazardous employment." As
a result, it made it difficult for the legislation and courts to define what
constitutes dangerous employment. In this sense, the ban on child work leaves
open a wide range of dangerous jobs. The State Government was instructed by the
Supreme Court to include construction work to the list of hazardous jobs in the
Asiad labourers case.
Conclusion:
Since ancient times, the stronger have taken advantage of the weaker. The
practice of exploitation is widespread in India as well. In several parts of the
nation, the upper castes and wealthier groups have taken advantage of
"untouchables" in various ways. For instance, a large number of Bangladeshi and
Nepali migrants are used as forced labour in numerous Indian sectors, such as
brick kilns, carpet weaving, needlework, etc. Employers are recruiting them
through debt bondage and fraud, as evidenced by here. We have to end this kind
of exploitation.
Child work is also a national disgrace. It is a deplorable practice that is
detrimental to the welfare and growth of the kids as well as the country as a
whole. There are still about 30 million child labourers in India. This is
appalling, and it's time to stop this heinous behaviour and penalise those who
engage in it.
The stronger has always controlled and taken advantage of the lesser since the
dawn of civilization. In this kind of situation, it is imperative to shield the
weaker people from this kind of exploitation and give them equal possibilities
to succeed in all spheres of life. In addition, child employment is illegal and
a social sin that is widely accepted. It is a barrier impeding the nation's
progress and expansion.
Children that are healthy contribute to a nation's bright future. Child work
ultimately proves to be a hindrance to the nation's prosperity, tarnishing,
damaging, and ruining the future of the youngsters involved. Therefore, it is
imperative that the laws be properly implemented.
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