The Right Against Exploitation is a fundamental right enshrined in Articles 23 and 24 of the Indian Constitution. It safeguards individuals from human trafficking, forced labour, and child labour, ensuring dignity and fair treatment. These provisions play a crucial role in protecting marginalized communities from exploitation.

Article 23: Prohibition of Human Trafficking and Forced Labour

Key Provisions of Article 23

Article 23 explicitly bans:

• Human trafficking – Including sex trafficking, bonded labour, and modern slavery.
  
  
• Begar (forced labour) – Compelling individuals to work without wages.
  
  
• Other exploitative practices – Such as the Devadasi system and forced servitude.
  
  

Exceptions to Article 23

While forced labour is prohibited, the State can impose compulsory service for public purposes, including:

• Military service
  
  
• Social service programs
  
  

The government is not required to provide wages in these cases, as long as the service is justified in the public interest.

Laws Enforcing Article 23

To strengthen the Right Against Exploitation, India has enacted several laws:

• Immoral Traffic (Prevention) Act, 1956 – Criminalizes human trafficking and prostitution-related offenses.
  
  
• Bonded Labour System (Abolition) Act, 1976 – Eliminates all forms of bonded labour.
  
  
• Protection of Human Rights Act, 1993 – Establishes measures to prevent human rights violations.
  
  

Landmark Supreme Court Case: PUDR vs. Union of India (1982)

In this case, the Supreme Court expanded the definition of forced labour by ruling that:

• The Right Against Exploitation includes the right to a minimum wage.
  
  
• Poor workers can directly approach the Supreme Court under Article 32 to enforce their labour rights.
  
  

This judgment reinforced the protection of marginalized workers against economic exploitation.

Article 24: Prohibition of Child Labour

Key Provisions of Article 24

Article 24 prohibits the employment of children below 14 years in:

• Factories
  
  
• Mines
  
  
• Hazardous activities like construction work and railways
  
  

Exceptions to Article 24

Children are allowed to work in:

• Non-hazardous family-run occupations
  
  
• Entertainment and sports industries, provided safeguards are in place
  
  

Laws Against Child Labour in India

The government has introduced various laws to eliminate child labour:

1. Child Labour (Prohibition and Regulation) Act, 1986

• Bans child labour in certain occupations.
  
  
• Regulates working conditions in permitted industries.
  
  

2. Child Labour (Prohibition and Regulation) Amendment Act, 2016

• Completely bans employment of children below 14 years in all occupations.
  
  
• Prohibits adolescents (14-18 years) from engaging in hazardous work.
  
  

3. Commissions for Protection of Child Rights Act, 2005

• Established the National Commission for Protection of Child Rights (NCPCR).
  
  
• Created Children’s Courts for cases involving crimes against children.
  
  

4. Protection of Children from Sexual Offences (POCSO) Act, 2012

• Provides strict laws against child sexual abuse and exploitation.
  
  
• Includes child-friendly judicial procedures.
  
  

5. Juvenile Justice (Care and Protection of Children) Act, 2015

• Protects children in conflict with the law.
  
  
• Establishes a framework for juvenile rehabilitation.
  
  

India’s International Commitments on Child Labour

India has ratified two key International Labour Organization (ILO) Conventions:

• Convention No. 138 – Establishes the minimum age for employment.
  
  
• Convention No. 182 – Prohibits hazardous work for children that endangers their health.
  
  

Significance of Articles 23 and 24 in India

1. Protection of Human Rights

The Right Against Exploitation ensures that every individual is treated with dignity, free from forced labour and trafficking.

2. Economic and Social Justice

Preventing forced labour and child labour promotes:

• Fair wages
  
  
• Safe working conditions
  
  
• Equal employment opportunities
  
  

3. Strengthening Legal Protections

The Supreme Court and government policies continuously improve laws against exploitation and human rights violations.

4. Role of Government and NGOs

• Government agencies and NGOs rescue and rehabilitate victims of trafficking and child labour.
  
  
• Public awareness campaigns educate communities about exploitation and legal protections.
  
  

Challenges in Enforcing the Right Against Exploitation

Despite strong laws, challenges remain:

• Child labour persists in informal sectors like domestic work and agriculture.
  
  
• Human trafficking networks continue to exploit vulnerable groups.
  
  
• Weak enforcement mechanisms in some areas hinder the effectiveness of laws.
  
  

The Way Forward

To strengthen the Right Against Exploitation, India must:

• Increase strict enforcement of child labour and forced labour laws.
  
  
• Enhance victim rehabilitation programs for rescued individuals.
  
  
• Strengthen international cooperation to combat human trafficking.
  
  
• Encourage public participation through awareness and education.
  
  

Conclusion

Articles 23 and 24 of the Indian Constitution play a vital role in preventing exploitation. While Article 23 prohibits forced labour and human trafficking, Article 24 protects children from hazardous employment. Over the years, India has introduced several laws, policies, and international commitments to eliminate labour exploitation. However, effective enforcement and public awareness remain key to achieving an exploitation-free society.