Here is a guide on the right against exploitation and what it covers, what
Articles 23 and 24 speak about, and which should be known to the public.
Our country's history has stories of slavery and exploitation. It was dated back
to the time of the freedom struggle when basic human rights weren't a thing.
Even the children were ill-treated and had to deal with hard labour work. After
independence, the constitution got drafted to eradicate slavery and exploitation
Each individual possesses the right to live a dignified, well-mannered and
meaningful life. The "Right against Exploitation" was incorporated as a
fundamental right under part III of the constitution. Articles 23 and 24 of the
constitution discuss endless facets of such a right.
Upholding the principles strongly that discusses human dignity and liberty,
there are two articles of the Constitution.
Article 23: Prohibition of traffic in human beings and forced labour
The article discusses forbidding forced labour, human trafficking and other
similar activities and emphasises any activities that exploit a person's basic
rights. Violation of the article is considered an offence, punishable by the
provision of the India Penal Code, 1860 (IPC).
It is an involuntary activity, and if the person is forced to work without being
paid, it violates the article. When the force is through physical or mental
pressure, it is considered strictly prohibited and a criminal offence.
Buying and selling human beings as a commodity is a criminal offence. It
involves trafficking women and children, and the victims usually suffer from
slavery and sexual harassment. This offence of trafficking is punishable under
Section 370 of the Indian Penal Code, 1860 with imprisonment or fine.
Other forced labour
If less than a minimum wage is offered to a person, it is also considered forced
labour. It also covers bonded labour where a person is forced to offer services
out of a loan that couldn't be repaid.
Article 24 - Prohibition of employment of children in factories, etc
Undoubtedly, children are the future of our nation, and it is their right to
live in freedom. Wondering what is right against exploitation? It talks about
everything that could exploit India's citizens, which must be prohibited. Every
nation must secure their kids' future by providing good food, education and
health. That is why this article is in the limelight, focusing on the well-being
of the children.
The Mines Act of 1952
This Act prohibits children below the age of 18 completely prohibits them from
working in the mines. There is a strict threshold of age set for this act since
working in the mines can pose a severe threat to a child.
The Child Labour (Prohibition and Regulation) Act, 1986
This law briefly describes when and how the children should be employed. And
where the employment of children is strictly prohibited. It is the principal Act
that governs almost all cases of child labour in India. This Act discusses not
admitting children in hazardous places. Plus, guidelines are prescribed in those
areas wherein children are employed in non-hazardous sectors.
The Factories Act 1948
The very first act passed after the independence for setting the minimum age
limit for employment for children in the factory. Factories act 1948 sets a
minimum age of 14 years.
Child Labour (Prohibition & Regulation) Amendment Act, 2016
This Act abandons and strictly prohibits children from working under the age of
14, and it also bans the employment of people between the ages of 14 and 18 with
jobs that deal with hazards. Child labour is a principle act that covers and
governs all aspects of child labour in India.
Many poorer parts of the country are suffering from severe problems. Such action
and introduction of Articles 23 & 24 ensure children's security at all costs.
Such actions are constitutionally prohibited, and strict actions are taken
against those who don't abide by the law.
The "right against exploitation" is a significant objective of our Constitution.
Article 23 ensures people get fair remuneration for their work without being
forced into labour. While. Article 24 prohibits child labour with the major
Factories Act 1948, ensuring that children's needs are addressed well!