Articles 23 and 24 Against Exploitation form a crucial part of the Indian Constitution, specifically the Right Against Exploitation. These articles are designed to protect individuals from various forms of forced labor and human trafficking, as well as to safeguard children from hazardous employment. They are vital in ensuring a just and equitable society, where human dignity is upheld.
Understanding Articles 23 and 24 Against Exploitation
Articles 23 and 24 Against Exploitation are fundamental rights that aim to eradicate exploitation and ensure the protection of vulnerable individuals. They are embedded within Part III of the Indian Constitution, guaranteeing certain rights to all citizens and persons residing within the territory of India.
Key Provisions:
- Article 23: Prohibition of traffic in human beings and forced labour: This article prohibits traffic in human beings, begar (forced labour without payment), and other similar forms of forced labor. It aims to eliminate all forms of exploitation where individuals are compelled to work against their will.
- This is supported by various legislations such as the Bonded Labour System (Abolition) Act, 1976 and the Immoral Traffic (Prevention) Act, 1956.
- Article 24: Prohibition of employment of children in factories, etc.: This article prohibits the employment of children below the age of fourteen years in any factory or mine or in any other hazardous employment.
- The Child Labour (Prohibition and Regulation) Act, 1986, which was further amended in 2016 to the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 , reinforces and operationalizes this article.
Significance of Articles 23 and 24:
- Protecting Human Dignity: These articles protect the fundamental human dignity of every individual by preventing exploitation and forced labor.
- Ensuring Social Justice: They promote social justice by safeguarding vulnerable populations, especially children and those subjected to trafficking and forced labor.
- Upholding Constitutional Values: They reinforce the constitutional values of equality, liberty, and justice, which are essential for a democratic society.
- Implementation of International Obligations: India is signatory to various international human rights treaties, like the Universal Declaration of Human Rights and the United Nations Convention on the Rights of the Child. These articles align with India’s international obligations.
Challenges in Implementation:
Despite their importance, the full implementation of Articles 23 and 24 Against Exploitation faces several challenges:
- Poverty and Lack of Awareness: Poverty drives many individuals into forced labor, and a lack of awareness of their rights makes them vulnerable to exploitation.
- Enforcement Difficulties: Effective enforcement of these articles requires strong law enforcement mechanisms and a robust judicial system.
- Social and Cultural Norms: Some social and cultural norms perpetuate practices of forced labor and child labor.
The Role of the Judiciary:
The Supreme Court of India has played a crucial role in interpreting and enforcing Articles 23 and 24 Against Exploitation. Landmark judgments have expanded the scope of these articles and strengthened the protection of vulnerable individuals. The judiciary continues to guide effective implementations of these very valuable rights.
Few important judgements include:
- People’s Union for Democratic Rights v. Union of India (1982) – Expanded the definition of forced labour to include economic compulsion.
- Bandhua Mukti Morcha v. Union of India (1984) – Recognized bonded labour as a violation of fundamental rights and mandated rehabilitation.
- Sanjit Roy v. State of Rajasthan (1983) – Held that paying less than minimum wage in public projects violates Article 23.
- M.C. Mehta v. State of Tamil Nadu (1996) – Addressed child labour in hazardous industries and ordered their rehabilitation.
- Labourers Working on Salal Hydro Project v. State of J&K (1983) – Highlighted the government’s duty to prevent child labour in public projects.
- Bachpan Bachao Andolan v. Union of India (2017) – Strengthened the enforcement of child labour laws and directed strict implementation.
Conclusion:
Articles 23 and 24 Against Exploitation are critical in safeguarding the fundamental rights and dignity of individuals in India. They represent the nation’s commitment to eradicating exploitation and creating a society where everyone is treated with respect. Continuous efforts are needed to ensure their effective implementation and address the challenges that persist.
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