Right Against Exploitation (Articles 23–24)

Right Against Exploitation (Articles 23–24)

Article 23: Prohibition of Traffic in Human Beings and Forced Labour

  1. Article 23 prohibits human trafficking, forced labour (begar), and other similar exploitative practices. Violations are punishable by law, protecting individuals from both state and private actions.
  2. ‘Traffic in human beings’ includes practices such as slavery, devadasi system, and immoral trafficking. Laws like the Immoral Traffic (Prevention) Act, 1956, address these issues.
  3. Forced labour, including work under coercion or for wages below minimum standards, is prohibited. Key legislations include the Bonded Labour System (Abolition) Act, 1976 and the Minimum Wages Act, 1948.
  4. Exception: The state can impose compulsory service for public purposes (e.g., military service), but without discrimination based on religion, race, caste, or class.

Article 24: Prohibition of Child Labor

  1. Article 24 prohibits employing children below 14 years in factories, mines, or hazardous activities, though harmless work is permitted.
  2. Legislations like the Child Labour (Prohibition and Regulation) Act, 1986, and Child and Adolescent Labour (Prohibition and Regulation) Amendment Act, 2016, strengthen the ban.
  3. SC directed the establishment of Child Labour Rehabilitation Welfare Fund and mandated employers violating child labour laws to pay fines.
  4. Prohibitions extend to employing children as domestic workers or in industries like restaurants, factories, and spas, with penalties for violations.