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To What Extent Has The Right Against Exploitation In India Been Provided To The Citizens?

To what extent has the right against exploitation been provided to the citizens of India?

In this article right against exploitation in India is going to be looked into.

The notion of Rights against Exploitation and the pertinent Indian Constitutional clauses serve as the foundation for this research work. Articles 23 and 24 of the Indian Constitution, which preserve human dignity and protect against all forms of exploitation, protect the right against exploitation. Indian law forbids any conduct that can be harmful to a person's freedom and dignity. Most people think they are better than other people.

Meaning of right against exploitation

Exploitation is French. The term exploitation means using something in a wrong or inappropriate way. It can also be described as an act or fact of treating someone unfairly in order to obtain the fruits of labor.

The right to exploitation is a fundamental right enshrined in Part 3 of the Indian Constitution. The purpose of the right to exploitation is to protect people from exploitation. This right is contained in Articles 23 and 24 of the Indian Constitution.

Every individual in India is entitled to exploitation under the Indian Constitution. This right ensures that all citizens of our country are protected from economic, social and political exploitation

Article 23 of the Indian Constitution

Prohibition of traffic in human beings and forced labor:
  1. Human trafficking and begging trafficking and similar forms of forced labor are prohibited and punishable for violation of this provision.
  2. Nothing in this section shall prevent a State from imposing compulsory services for public purposes, nor shall States, in imposing such services,
This provision establishes an affirmative obligation of States to eliminate unethical and exploitative practices such as human trafficking and other forms of forced labor.

Activities prohibited by article 23

Article 23 explicitly prohibits the following discussed practices:
It is a type of forced labor wherein the person works without any remuneration or wages in return. This activity is generally involuntary and the person is forced to work without being paid by asserting some physical or mental pressure. As per Article 23, this activity is strictly prohibited and it is a criminal offense.

Bonded Labor/ Debt Bondage:

In ancient times, it was clear that moneylenders exploited those who took out loans. Extremely high compound interest was charged on the prepaid loan, which was never repaid. The size of the loan has reached a point where borrowers not only have to sell their personal belongings, but also work for them to pay off the loan. The money they made from their work was very little and the loan remained the same, which was further passed on to his future generations. These beggars are known as bondage beggars, and Article 23 specifically prohibits this practice

Human trafficking

The literal meaning of the term is to buy and sell humans as commodities. This primarily concerns the trafficking of women and children. Victims of human trafficking are primarily targets of slavery and sexual harassment. This offense of trafficking in persons is punishable by imprisonment and/or fine under Section 370 of the Indian Penal Code, 1860 and is punishable under Section 372 of the IPC. This section provides for penalties of 10 years and/or fines.

Exceptions to article 23

Clause 2 of Article 23 provides for an exception of the aforesaid rule. As per this clause, the state can impose compulsory service on any person in time of adversity for serving public needs like national defense or other necessary public utilities. However, it is important that the state can't discriminate against people on the ground of religion, sex, caste, etc. while imposing these services.

Landmark Judgments of article 23
Deena v. Union of India
In this case, the Hon'ble Supreme held that the prisoner also had the right to receive a fair remuneration in lieu of the service rendered by them. Thus, if a prisoner is not paid for his work done, then it will be treated as forced labor and the provision of Article 23 will be violated.

Dulai Shamanta v District Magistrate
The High Court in Calcutta, Howrah observed that it was not prohibited for a public benefit, because it was not begar or trafficked by the State or was not enforced by the Constitution of Article 23

Article 24 of the Indian constitution
Article 24 says that "No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment." The fundamental right against exploitation guaranteed to all citizens prohibits child labour in mines, factories, and hazardous conditions.

Landmark cases of article 24
People's Union for Democratic Rights v. Union of India

In this case, some children below the age of 14 years were put into work in a construction place. The Hon'ble court held that the construction place falls under the ambit of hazardous place and this work is in violation of Article 24 of the constitution

The "proper towards exploitation" is certainly considered one among our Constitution's primary objectives. Article 23 guarantees that humans are unfastened from compelled labour and get a truthful salary for his or her paintings. In addition, Article 24 outlaws infant labour and guarantees that their improvement may not be impeded. Equal rights below the regulation, identical safety below the regulation, and every other essential rights, in my opinion, are meaningless if one's existence is ruled through and concern to the whim of any other character. The safety of citizens is assured through this constitutional proper; however India nevertheless has a protracted manner to head earlier than there may be zero exploitation.

Written By: Abraham Mutazu, a student of 2nd year of BA. LLB of Lovely Professional University

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