Right against Exploitation (Article 23- 24)
Date: 18 June, 2020
Right against Exploitation is the third Fundamental Right which is given under the Indian Constitution. This right is preventing every person from any type of work which is unpaid and forced. Any type of traffic of Humans is also banned by this Fundamental Right. This right consists of 2 articles:
Article 23: Prohibition of traffic in human beings and forced labour
Article 24: Prohibition of employment of children in factories, etc
Let us look at both the above articles one by one:
Article 24: Prohibition of employment of children in factories, etc
Let us look at both the above articles one by one:
Right against Exploitation: Article 23
Article 23 is part of the Right against exploitation (Article 23-24). This Right against Exploitation is the 3rd Fundamental right given in our Constitution of India. This article is trying to give real freedom from exploitation to the people so that they can utilize their knowledge and Skills up to their true potential.
This Article is prohibiting many types of exploitation which are not only against the Preamble of this country but also against Article 39 of the Directive Principles. This Article 39 is talking about promoting economic equality in the country. Article 35 of the Constitution is giving the power to the Parliament to make laws for punishing acts which are prohibited by this Article. Using the power given under Article 35 Parliament has passed Suppression of Immoral Traffic in Women and Girls Act, 1956, for punishing acts which result in human trafficking.
Unpaid work is a type of Exploitation under Article 23.
Understanding Article 23 - Clause 1
Article 23 specifically prohibits the following 3 things:
1. Traffic in Human beings
2. Beggar
3. Other forms of Forced Labour
1. Traffic in Human beings
2. Beggar
3. Other forms of Forced Labour
1. Traffic in Human beings means buying and selling of humans beings like goods. Some various Women and Children are trafficked for various purposes like Prostitution, Maid Service etc. This is prohibited by Article 23 of the Constitution of India. Slavery is not specifically mentioned here but it includes slavery also. So any kind of Slavery is also completely prohibited by this Article.
2. Beggar means working without remuneration. This work is creating slave-like conditions for the people who are doing that work.
3. Other forms of Forced labour are also prohibited under this Article. This is labour under which workers are forced to work against their will. This force can be Physical, Economical or any other type. Any payment which is less than the minimum wage will amount to forced labour under this Article.
Understanding Article 23 – Clause 2
This clause is an exception of Clause 1 of Article 23. This clause is allowing the States to take compulsory services like national defence. It is to be noted that while taking this compulsory service the State must not discriminate of the basis of Religion, Race, Caste, Class or any of them.
In our Constitution, Parliament under List 1 – Entry 1 has the power to raise the forces by conscription if necessary for the defence of India. This not only includes the army but also the Police forces too.
Right against Exploitation: Article 24
Article 24 is the second and the last Article of the Right against Exploitation which is given under the Fundamental Rights of the Indian Constitution. This Article is giving an important right to the Children. This article says that no child below the age of 14 years shall be given employment in any factory or mine or engaged in any types of Hazardous employment.
This article is to be read with Article 39 of the Directive Principles of State Policy. This Article 39 is imposing an obligation on the state that the tender age of the children are not abused and citizens are not forced by economic necessity to enter avocations unsuited to their age or strength. The same article is also protecting every child from any kind of exploitation.
Article 24 and Article 21A: Right to Education
Education was always given high importance by the makers of the Constitution. As a result of which Article 45 was added in the Directive Principles of the Indian Constitution. This Article is making a provision of Free and Compulsory Education to every child who is below the age of 14. It was to be achieved within 10 years of Indian Independence. But various governments failed in implementing this provision of the Constitution.
Later in the case of Mohini Jain v. the State of Karnataka, AIR 1992, the court gave a judgment that Right to Education is a Fundamental Right which is emanating from Article 21.
As a result of this 86th Constitutional Amendment Act, 2002 was passed. This amendment added Clause A in Article 21. This amendment made Free and compulsory education for every child of the age of 6-14 years.
As a result of this 86th Constitutional Amendment Act, 2002 was passed. This amendment added Clause A in Article 21. This amendment made Free and compulsory education for every child of the age of 6-14 years.
After this amendment Parliament enacted The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act). This act legally guarantees Right to Education as a Fundamental Rights of Children between 6 to 14 years of age.
Right against Exploitation: Conclusion
This is one of the most important Fundamental rights which are given under our Constitution. It is trying to give life to every citizen which is Free from Exploitation. There is also an attempt to give childhood to every child which can help him in growing and utilizing his skills and potentials to the maximum.
