Introduction & Summary
The Right against Exploitation, enshrined in Articles 23 and 24 of the Indian Constitution, is a crucial set of Fundamental Rights aimed at protecting human dignity and preventing various forms of servitude and abuse.
Article 23 prohibits traffic in human beings, begar, and other similar forms of forced labour, making such practices punishable offences. Article 24 specifically prohibits the employment of children below the age of fourteen years in factories, mines, or other hazardous occupations. These provisions reflect the Constitution's commitment to creating a society free from exploitation and ensuring the well-being and protection of its vulnerable sections, particularly women, children, and the economically deprived.
Source: Broad understanding synthesized from Laxmikanth, 'Indian Polity'; D.D. Basu, 'Introduction to the Constitution of India'; NCERT Class XI 'Indian Constitution at Work'
6.6.1: Article 23: Prohibition of Traffic in Human Beings and Forced Labour
Text of Article 23(1): "Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law."
Scope of Prohibition:
- Traffic in Human Beings: Very wide, includes:
- Selling and buying of men, women, and children like marketable goods.
- Immoral traffic in women and children, including prostitution.
- Devadasis (a traditional practice leading to exploitation).
- Slavery and serfdom in all forms.
- Begar: Involuntary work without payment.
- Other Similar Forms of Forced Labour: Any labour or service compelled against a person's will, even if paid.
Punishable Offence: Empowers Parliament to make laws prescribing punishment.
- Universal Availability: Available to both citizens and non-citizens.
- Horizontal and Vertical Application: Protects individuals against both the State and private persons.
The Supreme Court has interpreted "forced labour" broadly. In People’s Union for Democratic Rights (PUDR) vs. Union of India (1982), popularly known as the Asiad Workers Case, the Supreme Court held:
- The word 'force' includes not only physical or legal force but also compulsion arising from hunger and poverty, want and destitution.
- Payment of wages less than the minimum wage amounts to forced labour under Article 23.
- This significantly expanded the scope of "forced labour" to include economic coercion.
Text of Article 23(2): "Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them."
- Nature of Exception: Allows the State to impose compulsory service for public purposes (e.g., military service, social service).
- Condition of Non-Discrimination: Such service must be imposed without discrimination on grounds only of religion, race, caste, or class.
- Note: "Sex" is not included here, implying that compulsory service might be imposed differently on men and women if deemed necessary for public purpose (though this would be subject to overall reasonableness under Art 14). "Class" here implies that the state cannot impose compulsory service only on certain economic classes, for instance.
Parliament has enacted several laws to give effect to Article 23:
Immoral Traffic (Prevention) Act, 1956 (ITPA)
Aims to prevent trafficking for commercial sexual exploitation.
Bonded Labour System (Abolition) Act, 1976
Identifies, releases, and rehabilitates bonded labourers; makes it a punishable offence.
Minimum Wages Act, 1948
Prescribes minimum wages; payment below minimum wage is considered forced labour as per SC.
Contract Labour (Regulation and Abolition) Act, 1970
Regulates employment of contract labour.
Equal Remuneration Act, 1976
Ensures equal pay for equal work for men and women.
6.6.2: Article 24: Prohibition of Employment of Children
"No child below the age of fourteen years shall be employed to work in any factory, mine or engaged in any other hazardous employment."
- Target Age Group: Children below the age of fourteen years.
- Prohibited Workplaces/Activities:
- Any factory (as defined under the Factories Act).
- Any mine.
- Any other hazardous employment (interpreted and expanded by legislation and judicial pronouncements).
- Absolute Prohibition for Specified Work: The prohibition for employment in factories, mines, and other hazardous occupations for children below 14 is absolute. There are no exceptions.
- Non-Hazardous Work: Article 24, in its original phrasing, did not prohibit the employment of children below 14 in non-hazardous or harmless work. However, this has been significantly changed by subsequent legislation (see 6.6.2.3).
Child Labour (Prohibition and Regulation) Act, 1986:
This Act initially prohibited the employment of children below 14 years in certain specified hazardous occupations and processes and regulated the conditions of work in others. It did not completely ban child labour in all sectors.
Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (as amended by the Child Labour (Prohibition and Regulation) Amendment Act, 2016):
This amendment brought significant changes to align with Article 21A (Right to Education) and international commitments:
- Complete prohibition: On the employment of children below 14 years in ALL occupations and processes. (This goes beyond Article 24's original scope of only hazardous employment).
- Exception: Allows children to help their family or in family enterprises (which are not hazardous) after school hours or during vacations, and also allows children to work as artists in the audio-visual entertainment industry (subject to conditions and safeguards).
- Prohibition: On the employment of adolescents (persons aged 14 to 18 years) in specified hazardous occupations and processes.
- Provides for stricter punishment for employers violating the Act.
- Provision for rehabilitation of rescued children and adolescents.
Directive Principles of State Policy (DPSP):
- Article 39(e): Directs the State to ensure that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.
- Article 39(f) (added by 42nd Am.): Directs the State to ensure that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
UN Convention on the Rights of the Child (UNCRC), 1989:
- India is a signatory to the UNCRC.
- Article 32 of UNCRC: Requires State Parties to protect children from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development.
- The 2016 amendment to the Child Labour Act was partly aimed at better aligning Indian law with UNCRC provisions and ILO conventions.
In M.C. Mehta v. State of Tamil Nadu (1996), the Supreme Court issued several directions to address the problem of child labour:
- Directed the establishment of a Child Labour Rehabilitation-cum-Welfare Fund.
- Employers found employing children in hazardous industries would have to pay compensation to the fund.
- The government should ensure that the child is provided with education in a suitable institution.
- Stressed the need for alternative income for the family if the child is withdrawn from work.
- Called for surveys to identify child labour.
This judgment was influential in pushing for more stringent measures and better implementation of child labour laws.
Quick Notes & Analysis
Prelims-ready Notes
- Right against Exploitation (Art 23-24): Aims to protect human dignity.
- Article 23 (Prohibition of Traffic in Human Beings & Forced Labour):
- Art 23(1): Prohibits Traffic in human beings (selling/buying humans, immoral traffic, devadasis, slavery), Begar (involuntary work without payment), Other similar forms of forced labour. Contravention is punishable by law.
- Available to citizens & non-citizens; against State & private persons.
- "Forced labour" includes economic coercion (less than minimum wage - PUDR v. UoI, Asiad Workers Case).
- Art 23(2) (Exception): State can impose compulsory service for public purposes (military, social service) but NO discrimination ONLY on religion, race, caste, or class.
- Laws: Immoral Traffic (Prevention) Act, Bonded Labour System (Abolition) Act, Minimum Wages Act.
- Article 24 (Prohibition of Employment of Children in Factories, etc.):
- "No child below 14 years shall be employed in any factory, mine or other hazardous employment."
- Original Art 24 was absolute for specified hazardous work; did not ban non-hazardous work.
- Child and Adolescent Labour (Prohibition and Regulation) Act, 2016 (Amendment):
- Prohibits employment of children <14 yrs in ALL occupations (exceptions: family enterprise (non-hazardous), artist).
- Prohibits employment of adolescents (14-18 yrs) in hazardous occupations.
- Linkages: DPSP (Art 39e, 39f), UNCRC.
- M.C. Mehta Case (1996): SC directions on child labour rehabilitation, Child Labour Fund.
Mains-ready Analytical Notes
- Article 23 – A Charter Against Human Servitude: A comprehensive charter against various forms of human exploitation. Broad interpretation of "traffic in human beings" and "forced labour" (economic compulsion in PUDR case) significantly enhanced its protective ambit. Horizontal application (against private individuals) is crucial. Challenges remain in effective enforcement.
- Compulsory Public Service (Art 23(2)) – Balancing State Needs and Individual Liberty: Allows state to conscript services for vital public needs. Non-discrimination clause is important safeguard. Definition of "public purpose" subject to judicial review.
- Article 24 and Child Labour – Evolving Legal Framework: Laid constitutional foundation. Legislative journey (1986 to 2016 amended Act) shows stronger commitment, influenced by judiciary (M.C. Mehta) and international obligations (UNCRC, ILO). 2016 amendment aligns with Article 21A.
- Critiques of 2016 Amendment: "Family enterprises" exception criticized as potential loophole, legitimizing child work. Reduction in hazardous occupations for adolescents raised concerns.
- Effective eradication needs legal prohibition + addressing root causes (poverty, education, social norms).
- Interconnectedness with other FRs and DPSPs: Linked to Article 21 (dignity), Articles 14 & 15 (equality), and DPSPs (Art 39(e), 39(f), 41, 42, 43) which complement prohibitions.
Current Affairs & Recent Developments
While legislative action specifically amending Art 23/24 is rare, current affairs usually revolve around implementation of existing laws, new bills to strengthen these protections, judicial orders, or reports highlighting the prevalence of these issues.
- Anti-Human Trafficking Initiatives: Ongoing government focus. The Trafficking in Persons (Prevention, Care and Rehabilitation) Bill has been in discussion/draft stages. Regular NCRB reports on human trafficking data.
- Bonded Labour Identification and Rehabilitation: NGOs and government agencies continue efforts, problem remains significant in some sectors (e.g., brick kilns, agriculture).
- Minimum Wages and Gig Economy: The Code on Wages, 2019 (yet to be fully implemented) subsumes the Minimum Wages Act. Discussions around fair wages for gig economy workers touch upon principles underlying protection against exploitation (economic compulsion).
- Child Labour Eradication Efforts: Ongoing campaigns and schemes (e.g., Bachpan Bachao Andolan) to rescue and rehabilitate child labourers. Reports on prevalence, especially post-COVID-19 pandemic impact. World Day Against Child Labour (June 12) often sees renewed focus.
- Supreme Court/High Court Interventions: Courts may issue directions in PILs related to trafficking, bonded labour, or child labour, reinforcing state obligations.
UPSC Previous Year Questions (PYQs)
Prelims MCQs
Q1: Which of the following are envisaged by the Right against Exploitation in the Constitution of India? (UPSC CSE 2017)
- Prohibition of traffic in human beings and forced labour
- Abolition of untouchability
- Protection of the interests of minorities
- Prohibition of employment of children in factories and mines
Select the correct answer using the code given below:
- (a) 1, 2 and 4 only
- (b) 2, 3 and 4 only
- (c) 1 and 4 only
- (d) 1, 2, 3 and 4
Answer: (c)
Hint/Explanation: Right against Exploitation is covered by Articles 23 (1) and 24 (4). Abolition of untouchability (2) is Art 17 (Right to Equality). Protection of interests of minorities (3) is Art 29 & 30 (Cultural and Educational Rights).
Q2: The Constitution of India prohibits ‘traffic in human beings’. The term ‘traffic in human beings’ includes: (Conceptual, based on Art 23)
- Selling and buying of human beings.
- Immoral traffic in women.
- The practice of Devadasis.
- Begar (forced labour without payment).
Select the correct answer using the code given below:
- (a) 1 and 2 only
- (b) 1, 2 and 3 only
- (c) 3 and 4 only
- (d) 1, 2, 3 and 4
Answer: (b)
Hint/Explanation: "Traffic in human beings" as per Art 23(1) explicitly covers selling/buying of humans, immoral traffic in women/children, and practices like devadasis and slavery. Begar is a separate (though related) form of exploitation also prohibited by Art 23(1) but is not part of the definition of "traffic in human beings."
Q3: Under Article 23(2) of the Constitution, the State can impose compulsory service for public purposes. While doing so, the State is prohibited from making discrimination on which of the following grounds ONLY?
- (a) Religion, race, caste, sex, or place of birth
- (b) Religion, race, caste, or class
- (c) Religion, race, sex, or language
- (d) Caste, class, descent, or residence
Answer: (b)
Hint/Explanation: Article 23(2) explicitly states, "...the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them." Note that "sex" and "place of birth" are not mentioned in this specific non-discrimination clause within Art 23(2).
Mains Questions
Q1: "The Right against Exploitation (Articles 23-24) in the Indian Constitution is a powerful mandate for ensuring human dignity and protecting vulnerable sections of society." Discuss the scope of these articles and the legislative measures taken to implement them.
- Introduction:
- Significance of Right against Exploitation for human dignity.
- Scope of Article 23:
- Prohibition of human trafficking (explain forms), begar, other forced labour. Availability against State & private persons. Judicial expansion (PUDR case – economic compulsion, minimum wage). Exception: Compulsory public service (Art 23(2)) with non-discrimination.
- Legislative Measures for Article 23:
- Immoral Traffic (Prevention) Act, Bonded Labour System (Abolition) Act, Minimum Wages Act. Briefly explain their purpose.
- Scope of Article 24:
- Prohibition of child labour (<14 yrs) in factories, mines, hazardous employment.
- Legislative Measures for Article 24:
- Child Labour (Prohibition and Regulation) Act, 1986, and its 2016 Amendment (ban on all employment for <14, hazardous for 14-18, exceptions).
- Effectiveness and Challenges:
- Briefly touch upon implementation gaps.
- Conclusion:
- Articles 23 and 24, supported by parliamentary legislation, provide a strong legal framework against exploitation, though their full realization requires continuous state effort and societal vigilance.
Q2: The interpretation of 'forced labour' by the Supreme Court in the Asiad Workers Case (PUDR vs. Union of India) significantly broadened the ambit of Article 23. Explain this interpretation and its implications for labour rights in India.
- Introduction:
- Briefly state Article 23 and the importance of judicial interpretation.
- Traditional Understanding of Forced Labour:
- Primarily physical compulsion.
- Supreme Court's Interpretation in PUDR vs. UoI (Asiad Workers Case):
- "Force" includes economic compulsion (poverty, hunger, destitution). Payment of wages less than the minimum wage amounts to forced labour ('begar').
- Implications for Labour Rights:
- Right to Minimum Wage (elevated status). Protection against Exploitative Contracts. Strengthened position of unorganized labour. State's Obligation (ensure contractors pay minimum wages). Broader understanding of dignity of labour. Impact on subsequent legislation and policy.
- Conclusion:
- Landmark judgment in social justice jurisprudence, transforming Article 23 into a potent tool against economic exploitation, significantly advancing labour rights.
Q3: Critically examine the evolution of child labour legislation in India in the context of Article 24 and international conventions. Has the 2016 amendment to the Child Labour (Prohibition and Regulation) Act effectively addressed the problem?
- Introduction:
- Article 24 as constitutional basis against child labour.
- Initial Legislation (Child Labour Act, 1986):
- Prohibited in specified hazardous occupations, regulated in others. Criticisms: Not a complete ban.
- Influence of International Conventions:
- UNCRC, ILO Conventions - pressure for comprehensive ban, aligning with RTE.
- Judicial Impetus (M.C. Mehta case):
- SC directions for rehabilitation, fund.
- Child and Adolescent Labour (Prohibition and Regulation) Amendment Act, 2016:
- Key Changes: Ban on all employment for <14 (aligns with RTE, Art 21A); ban on hazardous employment for adolescents (14-18). Intended Benefits.
- Critical Examination of 2016 Amendment's Effectiveness (Critiques/Concerns):
- Exception for "family enterprises" (potential loophole, difficult to monitor, perpetuate home-based work). Reduction in hazardous list for adolescents. Challenges in implementation, inspection, rehabilitation. Socio-economic factors (poverty) remain. Need for multi-pronged strategy.
- Conclusion:
- Progress in legal framework, but effectiveness contingent on robust implementation, addressing socio-economic root causes, and careful monitoring of exceptions. Requires holistic approach.
Trend Analysis (Past 10 Years)
Prelims Trend:
- Focus on the specific prohibitions under Article 23 and 24 (traffic, begar, forced labour, child labour in hazardous employment).
- Understanding the scope of terms like "traffic in human beings," "forced labour" (especially PUDR case interpretation).
- Knowledge of the exception under Article 23(2) (compulsory public service).
- Awareness of key legislation (Bonded Labour Act, Child Labour Act).
- The age limit in Article 24 is important.
- Changes brought by 2016 amendment to Child Labour Act.
Mains Trend:
- Analytical questions on the scope and significance of Articles 23 and 24.
- Judicial interpretation, especially the PUDR (Asiad Workers) case and M.C. Mehta case.
- Effectiveness of legislative measures in implementing these rights.
- Critical evaluation of child labour laws and their amendments.
- Linkages between Right against Exploitation and broader issues of human dignity, social justice, and protection of vulnerable sections.
Test Your Knowledge: Original MCQs
Q1: The Supreme Court's judgment in PUDR vs. Union of India (Asiad Workers Case) expanded the meaning of "forced labour" under Article 23 to include:
- (a) Only work done under direct physical threat or coercion.
- (b) Work done without any remuneration whatsoever.
- (c) Compulsion to work arising out of economic circumstances like poverty, and payment of wages below the minimum wage.
- (d) Only work imposed by the State for public purposes without discrimination.
Answer: (c)
Explanation: The Asiad Workers Case was landmark for holding that "force" includes economic compulsion, and paying less than minimum wage amounts to forced labour under Article 23.
Q2: The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, as amended in 2016, prohibits the employment of:
- (a) Children below 14 years in all occupations, and adolescents (14-18 years) in all occupations.
- (b) Children below 14 years only in hazardous occupations, and adolescents (14-18 years) in all occupations.
- (c) Children below 14 years in all occupations (with some exceptions), and adolescents (14-18 years) in specified hazardous occupations.
- (d) Children below 18 years in all hazardous occupations.
Answer: (c)
Explanation: The 2016 amendment prohibits employment of children below 14 in all occupations and processes (with exceptions like family enterprise (non-hazardous) and as artists), and prohibits employment of adolescents (14-18 years) in specified hazardous occupations and processes.
Q3: Under Article 23(2) of the Constitution, if the State imposes compulsory service for public purposes, it is prohibited from making discrimination on which of the following grounds ONLY?
- Religion
- Race
- Caste
- Sex
- Class
Select the correct answer using the code given below:
- (a) 1, 2, 3 and 4 only
- (b) 1, 2, 3 and 5 only
- (c) 2, 3, 4 and 5 only
- (d) 1, 2, 3, 4 and 5
Answer: (b)
Explanation: Article 23(2) explicitly mentions non-discrimination on grounds ONLY of "religion, race, caste or class or any of them." It does not include "sex" in this specific non-discrimination clause.
Reflect & Analyze: Original Descriptive Questions
Q1: "Article 23 of the Indian Constitution is not merely a prohibition against historical forms of servitude like slavery and begar, but a dynamic right against all forms of contemporary exploitation." Analyze this statement, highlighting how judicial interpretations and legislative actions have broadened its scope.
- Introduction:
- Explain Article 23's core prohibitions.
- Historical Forms of Servitude Addressed:
- Slavery, begar, devadasis, traditional bonded labour.
- Judicial Broadening of Scope:
- PUDR vs. UoI (Asiad Workers Case): "Forced labour" includes economic compulsion, less than minimum wage as forced labour. This brought modern wage exploitation under Art 23. Interpretation of "traffic in human beings" to cover various forms of commercial sexual exploitation, organ trade, etc.
- Legislative Actions Broadening Scope/Addressing Contemporary Forms:
- Immoral Traffic (Prevention) Act, Bonded Labour System (Abolition) Act (addressing debt bondage), Minimum Wages Act (enforcement linked to Art 23 by judiciary). Laws against manual scavenging (indirectly linked to dignity and forced nature of work). Potential future laws on trafficking.
- Contemporary Exploitation Addressed:
- Contract labour exploitation, exploitation of migrant workers, wage theft.
- Challenges:
- Effective implementation, reaching unorganized sectors, tackling new forms of exploitation.
- Conclusion:
- Through expansive judicial interpretation and supporting legislation, Article 23 has evolved into a dynamic tool to combat not just historical forms of servitude but also various contemporary manifestations of exploitation, underscoring its enduring relevance in protecting human dignity.
Q2: While Article 24 lays down a clear prohibition against certain forms of child labour, the complete eradication of child labour in India remains a formidable challenge. Discuss the constitutional and legislative framework against child labour and analyze the socio-economic factors that hinder its complete abolition.
- Introduction:
- State Article 24's prohibition and the goal of child labour eradication.
- Constitutional Framework:
- Article 24 (core prohibition). Article 21A (Right to Education – key for preventing child labour). DPSPs: Art 39(e) (health/strength of children not abused), Art 39(f) (protection of childhood), Art 45 (early childhood care).
- Legislative Framework:
- Child Labour (Prohibition and Regulation) Act, 1986, and its 2016 Amendment (key changes: ban for <14 in all occupations, ban for 14-18 in hazardous). Other related laws (Juvenile Justice Act, RTE Act).
- Socio-Economic Factors Hindering Abolition:
- Poverty: Compels families to send children to work for survival. Lack of access to quality education/High dropout rates: Makes children vulnerable. Social Norms and Acceptance: Child work accepted in certain communities/sectors. Demand for Cheap Labour: Employers prefer children for low wages and pliability. Inadequate Enforcement of Laws: Weak inspection machinery, corruption, slow judicial process. Loopholes in Law: E.g., exception for family enterprises in 2016 Act, if misused. Migration and Displacement: Makes children more vulnerable. Lack of awareness about laws and harmful effects of child labour.
- Multi-pronged Strategy Needed:
- Legal action, poverty alleviation, universal quality education, social mobilization, rehabilitation.
- Conclusion:
- India has a robust constitutional and legislative framework against child labour, progressively strengthened over time. However, its complete eradication is hindered by deep-rooted socio-economic factors. A holistic approach addressing poverty, ensuring education, and strict enforcement, coupled with changing societal attitudes, is essential to realize the constitutional vision of a childhood free from exploitation.