What is the Right Against Exploitation? – CSEET

Right Against Exploitation

What is the Right Against Exploitation?

RIGHT TO EXPLOITATION

 

What is the right to exploitation?

The right to exploitation is enshrined in Articles 23 and 24 of the Constitution of India. These are important fundamental rights that ensure the safety of every citizen from any form of forced labor.

The right to exploit within its limits includes various forms of slavery and oppression. These include aspects of exploitation such as bonded wages, forced labor, prison staff, beggars, and, most controversially, human trafficking. This includes the right to exploit children under 14 and the judiciary’s approach to abolish such practices.

The Constitution of India is harmful to the dignity and freedom of any person. Many activists are still forced to work at low rates against their will and millions of women and children fall victim to human trafficking. The right against exploitation is enshrined in Article 23 and Article 24 of the Constitution of India, which certainly guarantees human dignity and protects people from such exploitation.

 

How many articles in right against exploitation?

Two articles of the Constitution guarantee the right against exploitation. They are described below:

Article 23 – Traffic restrictions and compulsory labor in humans

1. Article 23 (1): Transportation of human beings, beggars, and other forms of forced labor is prohibited, and any violation of this provision is punishable by law.

2. Article 23 (2): None of this article prohibits the State from providing compulsory service for public purposes, and by enforcing such service, the State shall act only on the basis of religion, caste, creed, or creed and shall not discriminate against any of them.

3. Exploitation refers to the misuse of the services of others through coercion and/or labor without payment.

4. There were many nominal communities in India who were forced to engage in voluntary and agricultural work without pay.

5. Working without pay is known as begging.

6. Article 23 prohibits any form of exploitation.

7. Moreover, even if he is rewarded, he will not be forced to work against him.

8. The Constitution prohibits forced labor. If the minimum wage is paid, it is considered compulsory labor.

9. This article makes ‘bonded workers’ unconstitutional.

10. Bonded wages occur when an individual is forced to provide services beyond repayable debt and debt.

11. The Constitution is unconstitutional of any kind. Therefore, forcing the landless to work and forcing helpless women into prostitution is unconstitutional.

12. Article smuggling is unconstitutional.

13. Trafficking involves the buying and selling of men and women for illegal and immoral activities.

14. Although the Constitution does not explicitly prohibit ‘slavery’, there is ample scope for the inclusion of the terms ‘forced labor’ and ‘traffic’ in Article 23.

15. Article 23 protects citizens not only from the state but also from private citizens.

16. The government has an obligation to protect its citizens from these evils by taking disciplinary action against those who commit crimes (which are considered crimes) and to take positive action to eradicate these evils from society.

17. Under Article 35 of the Constitution, Parliament has the power to enact laws to punish acts prohibited by Article 23.

18. Clause 2 states that compulsory services for public purposes (such as remedial notice to the armed forces) are not unconstitutional.

19. Laws passed by Parliament under Article 23:

i. Suppression of Illegal Trafficking in Women and Girls Act, 1956

ii. Bonded Labor System (Abolition) Act, 1976

Article 24 – Regulates child labor in factories.

i. According to Article 24, “a child under the age of fourteen shall not be employed in any factory or quarry and shall not engage in hazardous work.

ii. This article prohibits children under the age of 14 from working in any hazardous industry, factory or mine.

iii. However, child labor in non-hazardous work is permissible.

 

Which Laws are passed under Article 24 of India?

 

Factories Act, 1948

This is the first law passed since independence to set a minimum age for child labor in factories. The minimum age for this law is 14 years. In 1954, the law was amended to prohibit children under the age of 17 from working at night.

 

Mining Act 1952

The law prohibits minors under the age of 18 from working in the mines.

 

Child Labor (Prohibition and Control) Act, 1986

It was an important law designed to curb the threat of child labor prevalent in India. It explained where and how children can be employed, where and how they are prohibited. The law prescribes a child as a person under the age of 14. The 1986 law prohibits child labor in 13 occupations and 57 procedures.

 

Child Labor (Prohibition and Control) Amendment Act, 2016

The law completely prohibits the employment of children under 14 years of age. Employing people between the ages of 14 and 18 in hazardous occupations and procedures is prohibited. Those who violated this law were punished by this amendment law. The law allows children to work in certain family businesses and as artists.

 

Child Labor (Prohibition and Control) Amendment Rules, 2017

In 2017, the government announced the above laws to provide a comprehensive and specific framework for the prevention, prohibition, rescue, and rehabilitation of children and abusive workers. These rules provided clarity on issues related to the employment of family enterprises and provided security for artists whose working hours and conditions were specified.

 

What does it say against child labor exploitation?

According to Article 24, “a child under the age of fourteen shall not be employed in any factory or quarry and shall not engage in hazardous work. The fundamental right against exploitation guaranteed to all citizens is the prohibition of mines, factories, and child labor in dangerous situations.

 

Which article is related to the Right to Exploitation?

Articles 23 and 24 of the Constitution of India deal with the right to exploitation.

 

What is the right to equality?

The Constitution of Articles 14-18 guarantees the right to equality. It treats everyone equally before the law, prevents discrimination for a variety of reasons, treats everyone equally in public employment, eliminates untouchability, headlines (Sir, Rai Bahadur, etc.).

 

What is the Conclusion?

Since ancient times, the weak have been constantly exploited by the powerful. This system of exploitation has a wide presence in India as well. There are many areas in the country where the “untouchables” are exploited in various ways by the upper castes and the affluent.

For example, Bangladeshi and Nepalese immigrants are subjected to forced labor in many Indian industries, such as brick kilns, carpet weaving, and embroidery. It is believed that this will actually be accepted through fraud and debt. Such recruitment and exploitation must be completely overcome.

Child labor is a curse to the nation, a most shameful and cruel act that hinders the welfare and development of children. The survey says that there are still 30 million active child laborers in India. These figures are really terrible. The time has come for the three organs of government to take an active part in stopping child labor and punish the perpetrators.

Must read RIGHT TO FREEDOM

 

Takshila learning makes you aware about the Right against exploitation as is explained in our constitution. The mentors at Takshila learning ensure that these topics are easy to be grasped by the aspirants. The reason is that the concept of exploitation should not be existing anywhere in society and the aspirants should be ready to fight against it in all forms.

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