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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.

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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