Right Against Exploitation in Indian Constitution covering Articles 23 and 24, prohibiting human trafficking, forced labour, and child labour.
Right Against Exploitation
Right Against Exploitation
Prohibition of Traffic in Human Beings and Forced Labour
Article 23 prohibits human trafficking, begar (forced labour), and all other similar forms of exploitation.
Violation of this provision is treated as a punishable offence under law.
This protection extends to both citizens and non-citizens and applies against State authorities as well as private individuals.
The term ‘traffic in human beings’ includes:
(i) Buying and selling of men, women, and children as commodities
(ii) Immoral trafficking in women and children, including prostitution
(iii) The practice of devadasis
(iv) Slavery
The Immoral Traffic (Prevention) Act, 1956 was enacted to penalise such acts.
The term begar refers to compulsory work without remuneration, historically practised in some regions where local zamindars coerced tenants to work without payment.
Along with begar, the provision also bans related systems like bonded labour.
‘Forced labour’ covers coercion through:
(i) Physical force
(ii) Legal compulsion
(iii) Economic necessity, such as working for less than the legal minimum wage
To address these practices, several legislations were enacted, including:
(i) Bonded Labour System (Abolition) Act, 1976
(ii) Minimum Wages Act, 1948
(iii) Contract Labour Act, 1970
(iv) Equal Remuneration Act, 1976
Article 23 allows an exception — the State may impose compulsory service for public purposes such as military or social service, without paying remuneration.
However, such service cannot involve discrimination solely on the grounds of religion, race, caste, or class.
Prohibition of Employment of Children in Factories, etc.
Constitutional Prohibition
Article 24 bans employing children under 14 years in factories, mines, or other hazardous occupations such as construction or railway work.
However, it does not forbid engagement in non-hazardous, harmless activities.
Key Legislation
The Child Labour (Prohibition and Regulation) Act, 1986 is the principal law addressing this issue.
Other significant acts include:
(i) Employment of Children Act, 1938
(ii) Factories Act, 1948
(iii) Mines Act, 1952
(iv) Merchant Shipping Act, 1958
(v) Plantation Labour Act, 1951
(vi) Motor Transport Workers Act, 1951
(vii) Apprentices Act, 1961
(viii) Bidi and Cigar Workers Act, 1966
Judicial Directions
In 1996, the Supreme Court ordered the creation of the Child Labour Rehabilitation Welfare Fund, requiring employers to deposit ₹20,000 per illegally employed child.
It also directed improvements in children’s education, health, and nutrition.
Institutional Framework
The Commissions for Protection of Child Rights Act, 2005 established:
(i) A National Commission for Protection of Child Rights
(ii) State-level Commissions
(iii) Children’s Courts for speedy trial of offences and rights violations
Domestic and Service Sector Ban
In 2006, the government prohibited employment of children as domestic workers or in establishments like hotels, restaurants, tea-shops, factories, spas, resorts, and similar workplaces.
Employers violating this rule face prosecution and penalties.
Child Labour Amendment (2016)
The Child Labour (Prohibition and Regulation) Amendment Act, 2016 renamed the principal law as the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.
Key changes include:
(i) Complete prohibition of employment of children under 14 years in all occupations and processes (earlier restricted to 18 occupations and 65 processes)
(ii) Ban on employment of adolescents (14–18 years) in hazardous occupations and processes
(iii) Stricter punishments — imprisonment for 6 months to 2 years, or fine of ₹20,000 to ₹50,000, or both
(iv) For repeat offences — imprisonment for 1 to 3 years
