The Right Against Exploitation in the Indian Constitution: A Shield for Human Dignity

The Right Against Exploitation, enshrined in Articles 23 and 24 of the Indian Constitution, serves as a fundamental safeguard against various forms of exploitation, including human trafficking, forced labour, and child labour. This right is crucial for ensuring human dignity, freedom, and social justice in India. It acts as a guardian for individuals, particularly vulnerable populations, protecting them from coercion and dehumanization.

 Constitutional Provisions

 Article 23: Prohibition of Trafficking and Forced Labor

Article 23 explicitly prohibits:

- Traffic in Human Beings: This includes the buying and selling of individuals as commodities, immoral trafficking (such as prostitution), and practices like slavery.

- Forced Labour: The article forbids all forms of forced labour, including bonded labour and begar (forced labor without remuneration).

Any violation of this provision is punishable by law. Importantly, this right is available to both citizens and non-citizens and protects individuals not only from state actions but also from private individuals.

Article 24: Prohibition of Child Labour

Article 24 prohibits the employment of children below the age of 14 years in factories, mines, or any hazardous occupations. This provision aims to protect children’s health and development by ensuring they are not subjected to exploitative work conditions.

Significance of the Right Against Exploitation

The Right Against Exploitation plays a pivotal role in:

1) Protecting Human Rights: It safeguards individuals from various forms of exploitation, thereby upholding their fundamental rights and dignity.

2) Preventing Human Trafficking: By prohibiting trafficking in human beings, it helps combat illegal trade for forced labor or slavery.

3) Eradicating Forced Labor: The right aims to eliminate practices that compel individuals to work against their will.

4)  Safeguarding Children: It ensures that children are protected from hazardous work environments and have access to education.

5)  Promoting Social Justice: By holding both the state and private entities accountable for exploitation, it fosters a more equitable society.

 Judicial Interpretations

Several landmark Supreme Court judgments have shaped the interpretation of these rights:

 1. People’s Union for Democratic Rights v. Union of India (1983)

In this case, the Supreme Court interpreted Article 23 broadly, stating that "force" includes not only physical coercion but also economic circumstances that compel individuals to work for less than minimum wage. The Court directed the government to take steps to punish violations of Article 23 by private individuals.

2. Deena v. Union of India (1983)

The Court ruled that labor extracted from prisoners without remuneration constituted forced labor under Article 23, thereby affirming that even prisoners are entitled to protection against exploitation.

3. M.C. Mehta v. State of Tamil Nadu (1997)

This case reinforced Article 24 by prohibiting the employment of children in hazardous industries, emphasizing the need for protecting children's rights and welfare.

 Conclusion

The Right Against Exploitation enshrined in the Indian Constitution serves as a vital bulwark against various forms of exploitation, ensuring the protection of individual rights and dignity. By safeguarding against forced labor, human trafficking, and child exploitation, this fundamental right upholds the principles of social justice and human rights within society.