Right Against Exploitation (Article 23 And Article 24)
Article 23 and Article 24 of the Constitution prohibits exploitation of human beings. Article 23 prohibits trafficking in human beings and forced labour. Article 24 prohibit employment of children in factories, mines and other hazardous occupations.
Prohibition Of Traffic In Human Beings And Forced Labour
In a civilized society there is no place for selling or buying human beings as goods or forcing human beings to work against his will.
Article 23 (1) prohibits trafficking of human beings and “begar”.
Trafficking in human beings means selling or buying human beings as goods. Trafficking of human being includes trafficking of women and children for immoral purposes. Although slavery has not been mentioned under Article 23, it is included in trafficking in human beings.
“Begar” has also been abolished by Article 23. “Begar” means involuntary work without payment. A human being can not be compelled to work without wages. The term “begar” includes all variants of forced labour.
Article 23 (1) not only prohibits human trafficking of human being and forced labour, it also makes such practices punishable offence.
Various acts have been enacted by the Parliament to give effect to provisions of Article 23. The Parliament has enacted the Immoral Traffic (Prevention) Act, 1956 for the purpose of punishing acts which result in trafficking of human beings. Bonded labour has been abolished by Parliament vide Bonded Labour System (Abolition) Act, 1976.
Article 23 (2) carves exception for State. State can impose compulsory service for public purposes. In imposing such services State cannot make discrimination on the basis of religion, race, caste, or class or any of them.
Prohibition Of Employment Of Children
Article 24 prohibits employment of children below the age of 14 years in factory, mine or in any other hazardous employment. It is noticeable that Article 24 has not made such employment punishable office as was in the case of human trafficking and forced labour. At the time of enactment of the Constitution, due to prevailing socio-economic circumstances, a complete bar on child labour was not possible.
Parliament has enacted Child Labour (Prohibition and Regulation) Act, 1986 which prohibits employment of children in certain occupations and processes. This act has been comprehensively amended in 2016 and now child labour has been prohibited in all occupation and processes. A child can be only employed in family enterprises and audio-visual entertainment industry. Employment of children has also been made cognizable offence under the Act.
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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.