Articles 23–24: Rights Against Exploitation

Introduction

Articles 23 and 24 protect individuals from exploitation such as human trafficking, forced labour, and child labour. These rights support human dignity and aim to ensure basic freedom and fair treatment in society.

Meaning / Definition

• Right Against Exploitation: Protection against unfair use of a person’s labour or body for benefit of others.
• These rights prohibit practices like forced labour, bonded labour, and employment of children in hazardous jobs.

Modes or Types

Article 23: Prohibition of Human Trafficking and Forced Labour

• Prohibits:

  • Traffic in human beings (buying/selling persons like goods)
  • Begar (forced work without payment)
  • Other forms of forced labour

• Applies against both State and private individuals.

• Parliament can make laws to punish such acts.

Key Concepts

• Human Trafficking: Includes selling or exploiting persons, especially women and children, for immoral or forced activities.

• Begar: Forcing a person to work without payment or with very low payment.

• Bonded Labour: Labour forced due to debt or economic pressure.

• Exception:

  • State can impose compulsory service for public purposes (e.g., national service), but without discrimination.

Article 24: Prohibition of Child Labour

• Prohibits employment of children below 14 years in:

  • Factories
  • Mines
  • Hazardous employment (dangerous work)

• Supported by laws like:

  • Child Labour (Prohibition and Regulation) Act, 1986
  • Factories Act, 1948
  • Mines Act

Important Case Law

• P.U.D.R. v Union of India (Asiad Case) – Forced labour includes not only physical force but also economic compulsion (working for less than minimum wage).
• Sanjit Roy v State of Rajasthan – Even in famine relief work, workers must be paid minimum wages; otherwise it violates Article 23.
• M.C. Mehta v State of Tamil Nadu – Prohibited child labour in hazardous industries and introduced compensation and rehabilitation measures.
• Bandhua Mukti Morcha v Union of India – Highlighted the need to eliminate child labour and bonded labour through proper welfare measures.

Distinction / Comparison

• Article 23 vs Article 24:

  • Article 23 applies to all persons and prohibits forced labour and trafficking.
  • Article 24 specifically protects children below 14 years from hazardous employment.

• Forced Labour vs Compulsory Service:

  • Forced labour is illegal and exploitative.
  • Compulsory service by the State is allowed if it is non-discriminatory and for public purpose.

Practical Example

• If a labourer is forced to work for very low wages due to poverty, it amounts to forced labour under Article 23.
• If a child is employed in a firecracker factory, it violates Article 24, and the employer can be punished.

Summary

• Articles 23 and 24 protect against exploitation and uphold human dignity.
• Article 23 prohibits trafficking, begar, and forced labour.
• Article 24 bans employment of children below 14 years in hazardous jobs.
• Forced labour includes economic pressure, not just physical force.
• The State must ensure minimum wages and prevent exploitation.
• Courts have expanded these rights through strong judgments and welfare measures.
• These rights apply against both State and private individuals.