Right against Exploitation — Definition

Definition

The Right against Exploitation, enshrined in Articles 23 and 24 of the Indian Constitution, is a fundamental right designed to protect individuals from various forms of involuntary servitude and harmful labor practices.

It stands as a bulwark against the historical injustices of human trafficking, forced labor, and child labor, reflecting India's commitment to human dignity and social justice. This right is particularly crucial in a society grappling with socio-economic disparities, where vulnerable sections are often preyed upon.

Article 23 broadly prohibits 'traffic in human beings' and 'begar' (forced labor without remuneration) and other similar forms of forced labor. 'Traffic in human beings' is a wide term encompassing the buying and selling of individuals, including women and children for immoral purposes, slavery, and organ trade.

It's not just about physical movement but also about the exploitation inherent in such transactions. The term 'begar' specifically refers to involuntary work without payment, a practice historically associated with feudal systems.

The phrase 'other similar forms of forced labour' expands the scope to cover any work extracted from a person against their will, even if some nominal payment is made, but it is insufficient or the person is coerced.

This article makes any contravention of its provisions an offense punishable by law, thereby giving it legal teeth. An important exception exists: the State can impose compulsory service for public purposes, such as military service or social service, without discrimination based on religion, race, caste, or class.

This exception ensures that national interest or public welfare can be served while upholding the spirit of the right.

Article 24 specifically addresses the protection of children. It unequivocally states 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.

' This provision is a direct response to the historical exploitation of children in dangerous industries, which deprived them of their childhood, education, and health. The focus here is on preventing children from being exposed to environments that could harm their physical or mental well-being.

The term 'hazardous employment' is crucial and has been expanded over time through legislation and judicial pronouncements to include a wide array of occupations beyond just factories and mines. This article reflects the constitutional commitment to child rights and welfare, recognizing children as a vulnerable group requiring special protection.

Together, Articles 23 and 24 form a robust constitutional framework aimed at eradicating exploitation in all its forms, ensuring that every individual, especially the most vulnerable, can live with dignity and freedom.