This article is written by Neha Gururani and further updated by Kruti Brahmbhatt. This article discusses the right against exploitation provided under the Indian Constitution with the issue of child labour and the various legislations for the protection of child rights. The article also discusses various landmark case laws and international laws safeguarding the rights against exploitation.
India, being the largest democracy, tracks the progress and development, which had great struggles. For centuries, slavery has been a major concern in India. After the enactment of the Indian Penal Code (IPC), 1860, slavery was abolished. The right to live with liberty and dignity has been given under the Indian Constitution, which has no scope for exploitation, slavery, and ill-treatment. Despite being fundamental rights, these articles hardly had any significance or any judicial pronouncement concerning them. However, later on, these articles turned out to be instruments for the courts to improve the condition of the people.
The term exploitation means that where a person forces or misuses power to render services. The basic feature of the Indian Constitution is against such exploitative practices. Along with Article 23 and Article 24, exploitation violates Article 21 of the Constitution, which includes the right of a person to live a life with dignity.
Antisocial practices such as bonded labourers, beggars, trafficking human beings, prostitutes, etc. had been prevalent in Indian history. The people who have been the victims of these practices were brutally exploited; it used to be a usual practice wherein they were being forced to work, without fair compensation. Meeting the basic necessities seemed to be a nightmare.
Such antisocial practices were abolished under Article 23 and Article 24 of the Constitution. These provisions expressly prohibit human trafficking, forced labour, and other similar activities. Any person violating these provisions shall be punished.
Objectives of Article 23 of the Indian Constitution
- Article 23 guarantees a fundamental right to the individuals, which provides protection against all exploitative practices.
- It is applicable to both citizens and non-citizens.
- This right protects individuals against the exploitative practices of the state as well as private individuals.
- The parliament is authorised to enact laws, under Article 35, which deals with the punishments against anyone violating fundamental rights. This imposes a duty on the state to abolish such immoral practices.
Article 23(1) of the Indian Constitution
Article 23(1) of the Indian Constitution
Article 23(1) strictly prohibits human trafficking, begar, and other similar activities. This provision ensures that everybody has a right to life and work with dignity. It focuses on abolishing the antisocial practices wherein the person would be treated as enslaved. These practices were the social evils that ignored the basic human rights of a person.
