The Indian Constitution enshrines the Right Against Exploitation in Articles 23 and 24, safeguarding individuals from human trafficking, forced labor, and child labor. These provisions uphold human dignity and prohibit practices that exploit vulnerable sections of society.

ARTICLE 23: PROHIBITION OF TRAFFIC IN HUMAN BEINGS AND FORCED LABOR

Article 23(1) explicitly prohibits:

• Traffic in human beings: Encompasses practices like the sale and purchase of men, women, and children for immoral or other purposes.
• Begar: A form of forced labor without payment, historically prevalent in India.
• Other similar forms of forced labor: Includes bonded labor, serfdom, and other forms of coerced work.

Any contravention of this provision is punishable by law, ensuring the protection of individuals from exploitation. This right is available to both citizens and non-citizens and is enforceable against the State as well as private individuals.

EXCEPTIONS UNDER ARTICLE 23

Article 23(2) permits the State to impose compulsory service for public purposes, such as conscription for national defense or social services, provided it does not discriminate on grounds only of religion, race, caste, or class.

ARTICLE 24: PROHIBITION OF EMPLOYMENT OF CHILDREN IN FACTORIES, ETC.

Article 24 prohibits the employment of children below the age of 14 years in factories, mines, or any other hazardous employment. This provision aims to protect children from exploitation and ensure their right to education and development.

LEGISLATIVE MEASURES SUPPORTING ARTICLES 23 AND 24

To give effect to these constitutional mandates, several laws have been enacted:

• The Bonded Labour System (Abolition) Act, 1976: Abolishes all forms of bonded labor and frees all bonded laborers from any obligation to render bonded labor.
• The Child Labour (Prohibition and Regulation) Act, 1986: Prohibits the engagement of children in certain employments and regulates the conditions of work in others.
• The Juvenile Justice (Care and Protection of Children) Act, 2015: Provides for the care, protection, and rehabilitation of children in need, including those rescued from exploitative labor.

JUDICIAL INTERPRETATIONS AND LANDMARK CASES

The judiciary has played a pivotal role in interpreting and enforcing the Right Against Exploitation:

• People’s Union for Democratic Rights v. Union of India (1982): The Supreme Court held that “the scope of Article 23 is wide and unlimited and strikes at ‘traffic in human beings‘ and ‘begar‘ and other forms of forced labor wherever they are found.” The case involved laborers employed in the construction of facilities for the Asian Games in Delhi under exploitative conditions. The Court ruled that non-payment of minimum wages amounts to forced labor, thus violating Article 23.
• M.C. Mehta v. State of Tamil Nadu (1996): This case addressed the issue of child labor in hazardous industries, specifically focusing on children working in match factories in Sivakasi. The Supreme Court directed the government to ensure that children under the age of 14 are not employed in hazardous occupations and emphasized the importance of providing education to all children.
• Bandhua Mukti Morcha v. Union of India (1984): The Supreme Court recognized the prevalence of bonded labor in various parts of the country and issued directives for the identification, release, and rehabilitation of bonded laborers. The Court emphasized that bonded labor is a violation of Article 23.

INTERNATIONAL INSTRUMENTS AND INDIA’S COMMITMENTS

India is a signatory to several international conventions aimed at combating exploitation:

• Universal Declaration of Human Rights (UDHR), 1948: Article 4 states that “no one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.”
• International Labour Organization (ILO) Conventions:
  • Forced Labour Convention, 1930 (No. 29): Aims to suppress the use of forced or compulsory labor in all its forms.
  • Abolition of Forced Labour Convention, 1957 (No. 105): Calls for the immediate and complete abolition of forced or compulsory labor.
  • Minimum Age Convention, 1973 (No. 138): Seeks to abolish child labor by setting the minimum age for employment.
  • Worst Forms of Child Labour Convention, 1999 (No. 182): Focuses on the elimination of the worst forms of child labor, including slavery, trafficking, and hazardous work.

PRINCIPLES AND DOCTRINES RELATED TO THE RIGHT AGAINST EXPLOITATION

Several legal principles underpin the Right Against Exploitation:

• Doctrine of Social Justice: Advocates for the removal of economic inequalities and provides for the welfare of all citizens, ensuring that individuals are not subjected to exploitation.
• Parens Patriae: The principle that the State must act as a guardian for those who are unable to care for themselves, such as children, ensuring their protection from exploitation.

STATISTICAL ANALYSIS

Despite constitutional provisions and legislative measures, exploitation persists:

• According to the 2011 Census, India had over 10 million working children in the age group of 5-14 years.
• The Global Slavery Index 2018 estimated that there were 8 million people living in modern slavery in India.

CHALLENGES AND CRITICISMS

While Articles 23 and 24 provide a robust framework against exploitation, challenges remain:

• Enforcement Issues: Implementation of laws is often weak, with inadequate monitoring and insufficient penalties for violators.
• Socio-Economic Factors: Poverty, lack of education, and unemployment drive individuals into exploitative labor conditions.