Right Against Exploitation: Definition and Meaning

India has the most democratic people on the planet. However, India and its people had endured centuries of enslavement. After the passage of numerous laws, most notably the Indian Penal Code, 1860, India abolishes its system of slavery. The right against exploitation is provided by Articles 23 and 24 of the Indian Constitution, which aim to outlaw and forbid such actions. Every Indian citizen is accorded dignity and freedom under the Indian Constitution, which acts as a barrier to exploitation.

Some of the most frequent instances of exploitation in India include the exploitation of lower castes by upper caste members, practices like Sati Pratha and the Devadasi system, forced prostitution, human trafficking, and the use of children in dangerous industries.

Meaning of Right Against Exploitation

The expression "right against exploitation" refers to freedom from all types of exploitation. The Indian Constitution protects the basic right against exploitation. Slavery, beggarism, child labor, bonded labor, and other kinds of forced labor are all forbidden under the Indian Constitution as examples of exploitation. Human dignity is guaranteed by Articles 23 and 24, which deal with the right against exploitation.

What is the meaning of “exploitation”?

The term "exploitation" is French. Exploitation refers to the use of something improperly or incorrectly. Another way to put it is that it is the act or event of treating someone unfairly in order to profit from their labor.

Part III of the Indian Constitution enshrines the right against exploitation as a basic freedom. The goal of the right against exploitation is to keep people from being exploited. Articles 23 and 24 of the Indian Constitution both mention this right.

Constitutional Provision

Prohibition of Traffic in Human Beings and Forced Labor

According to Article 23 of the Indian Constitution, exploitation is forbidden in three forms: human trafficking, forced labour, and beggars.

• Human trafficking − It is illegal to trade people with the intention of subjecting them to slavery or acts comparable to slavery, servitude, or organ removal.

• Forced labour − All types of forced or compelled labor are forbidden, save as may be enforced by law as a result of a criminal conviction.

• Begar − Forced or coercive labour is outlawed, and any law to the contrary is abolished.

Article 23(2) makes an exemption, stating that it is the role of the state to provide essential amenities for the public (water, air, train, and service) and that there shall be no discrimination based on race, caste, gender, or religion.

Prohibition of Employment of Children in Factories, etc

Article 24 of the Indian Constitution prohibits the employment of children in factories, mines, and other dangerous activities. This right was implemented to ensure that children are not subjected to any form of exploitation in the workplace. Article 39 of the Indian Constitution puts on the state the obligation of protecting the basic rights of all people, including children, by ensuring safe and healthy working conditions. This article guarantees that youngsters are not compelled to labour in dangerous jobs. Children are seen as the country's future, and it is the state's responsibility to provide basic health care and free education to children under the age of 14.

Judicial Pronouncement

• In Sanjit Roy v. State of Rajasthan (1983) − The court determined that even if the state had hired the employees to help them cope with scarcity, this did not entail that the state would pay them less than the act's minimum wage.

• In the case of Deena v. Union of India − The court ruled that it would be a violation of Articles 23 and 24 of the constitution if convicts were made to do labour tasks without receiving a fair salary. A person's independence and dignity are also compromised.

• M.C. Mehta v. State of Tamil Nadu (1997) − In this case, the petitioner (M.C. Mehta) initiated action against young children who were working as slaves in industries in Tamil Nadu. According to the court, it violates Article 24 of the Indian Constitution. Any youngster under the age of 14 should not be subjected to dangerous working circumstances, hence the industry’s large compensation payments.

• People's Union of Democratic Rights v. UOI − The state hired young people under the age of 14 to work in construction. The court ordered the state to pay a large fine and was urged to act quickly to stop this kind of abuse.

Recent Issues of Article 23 (Workers’ Rights)

• The COVID-19 pandemic resulted in waves of worker reversal. Employers have abused employees' rights on numerous occasions, and states have done little to stop it.

• Our Constitution's Article 23 forbids "forced labor." In PUDR v. Union of India (1982), the Supreme Court stated that "the phrase 'force' must cover the form of coercion resulting from an urgent economic circumstance (such as COVID-19), which leaves no options to a person, in which person is obliged to labour on very low wages, even less than the minimum wage."

• The ILO's "Work and Decent Work for Peace and Resilience Recommendation, 2017" urges that nations guarantee disadvantaged groups' right to "free choice of employment" while recovering from disasters. This is also against the law.

• Therefore, the many Home Ministry orders and state laws would be against both our Constitution and international law.

Conclusion

A civilized society should not tolerate behaviors like exploitation and child labour. The fact is that, despite various regulations enacted in accordance with Articles 23 and 24, we are still a long way from attaining zero exploitation. Instead, India has 10 million child labourers and around 42.7 million youngsters who are not in school. The abuse of the weak by the stronger continues unabated. Forced labour, bonded labour, and human trafficking still occur. In order to combat evil, the emphasis should be on education, awareness, and concentrated efforts on the part of competent authorities, the development of finances, and the creation of job possibilities.

Frequently Asked Questions

Q1. What does the right against exploitation say about child Labour?

Ans. According to Article 24, "no kid under the age of fourteen years shall be employed to work in any industry or mine or engaged in any other dangerous occupation." Child labour in mines, industries, and dangerous situations is prohibited under the basic right of all people against exploitation.

Q2. What is the objective of the right against exploitation?

Ans. The right against exploitation states that no one shall be compelled to work. It is a basic right guaranteed by the Indian Constitution. The goal of this right is to keep individuals from being exploited or compelled to work against their will.

Q3. How children are protect against exploitation?

Ans. UNICEF and its India partners are collaborating to ensure that children are safeguarded from hazardous employment and exploitation that harms their development. They are aiming to guarantee that children are raised in economically stable families and have the opportunity to attend school and receive an education.

Q4. What is human right’s exploitation?

Ans. Human rights exploitation refers to the violation or abuse of the basic rights and freedoms that are guaranteed to all individuals by international human rights laws and norms. Examples of human rights exploitation include forced labor, human trafficking, discrimination, and police brutality.

Judicial Pronouncement