The Right Against Exploitation is a fundamental provision under the Indian Constitution that safeguards citizens and non-citizens from all forms of coercion and abuse. Enshrined under Article 23, it prohibits human trafficking, begar, slavery, and immoral practices, ensuring protection for vulnerable individuals. Understanding this right is crucial for students preparing for competitive exams due to its historical, legal, and social significance, reinforced by key legislations like the Immoral Traffic (Prevention) Act, 1956 and the Bonded Labour System (Abolition) Act, 1976.
Right Against Exploitation in India: Detailed Analysis of Article 23 (1950-Present)
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The Right Against Exploitation protects individuals from human trafficking, forced labour, and bonded systems.
This fundamental right forms the backbone of India's legal framework against all exploitative practices, ensuring justice for victims while detailing punishable offences under law.
- (i) Article 23 explicitly prohibits human trafficking, begar (forced labour), and all similar exploitative practices.
- (ii) Violations of this article are punishable under Indian law, emphasizing its enforceability.
- (iii) The protection extends to all persons, whether citizens or non-citizens, and applies to both State authorities and private individuals.
- (iv) The term ‘traffic in human beings’ encompasses:
- (a) Buying and selling of men, women, and children as commodities
- (b) Immoral trafficking in women and children, including prostitution
- (c) The practice of devadasis
- (d) Slavery in any form
- (v) The Immoral Traffic (Prevention) Act, 1956 was enacted specifically to penalize such acts, aiming to curb exploitation in all its forms.
- (vi) Begar refers to compulsory work without remuneration, historically enforced by local zamindars on tenants or workers.
- (vii) Alongside begar, the law prohibits related systems such as bonded labour.
- (viii) ‘Forced labour’ can occur through:
- (a) Physical coercion
- (b) Legal compulsion
- (c) Economic necessity, e.g., working below the legal minimum wage
- (ix) To address exploitation, several landmark legislations were enacted:
- (a) Bonded Labour System (Abolition) Act, 1976
- (b) Minimum Wages Act, 1948
- (c) Contract Labour (Regulation & Abolition) Act, 1970
- (d) Equal Remuneration Act, 1976
- (x) Article 23 allows a narrow exception — the State may impose compulsory service for public purposes such as military service or social work, without payment.
- (xi) Such compulsory service must remain free from discrimination on grounds of religion, caste, race, or class, ensuring equality.
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Prohibition of Traffic in Human Beings and Forced Labour in India
This section elaborates on the types of exploitation and historical context, providing a detailed understanding for students.
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Human Trafficking and Exploitation
Human trafficking in India includes buying, selling, or coercing individuals into exploitative work. The law penalizes traffickers and protects victims under both Article 23 and the Immoral Traffic (Prevention) Act, 1956.
- (i) Women and children are the primary targets of immoral trafficking.
- (ii) Practices like the devadasi system were legally abolished due to exploitation concerns.
- (iii) Slavery, though historically prevalent, is now entirely outlawed in all forms.
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Begar and Forced Labour Practices
Begar represents one of the most coercive forms of forced labour where workers were compelled without any remuneration. Understanding its history helps students connect socio-economic patterns to modern legal reforms.
- (a) Coercion by zamindars often forced tenants into unpaid labour.
- (b) Bonded labour systems exploited individuals economically.
- (c) Legal compulsion ensured strict enforcement of labour laws, particularly after Minimum Wages Act, 1948 and Contract Labour Act, 1970.
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Key Legislations Against Exploitation
The Indian legal system has enacted multiple laws to protect citizens from forced labour and trafficking. These laws reflect India’s commitment to human rights and social justice.
- Immoral Traffic (Prevention) Act, 1956: Penalizes trafficking and prostitution-related exploitation.
- Bonded Labour System (Abolition) Act, 1976: Eliminates bonded labour practices entirely.
- Minimum Wages Act, 1948: Ensures workers receive legal minimum wages, preventing economic coercion.
- Contract Labour (Regulation & Abolition) Act, 1970: Regulates contractual work to avoid exploitation.
- Equal Remuneration Act, 1976: Prohibits wage discrimination, promoting equality in employment.
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Summary: Importance of Right Against Exploitation
The Right Against Exploitation, as outlined in Article 23, is pivotal for protecting citizens from human trafficking, begar, and forced labour. The combination of historical context and key legislations like the Immoral Traffic (Prevention) Act, 1956 and Bonded Labour System (Abolition) Act, 1976 makes it essential knowledge for students. Understanding this right aids in exam preparation while highlighting India’s commitment to social justice, equality, and human dignity.
Right Against Exploitation under the Indian Constitution
