Right Against Exploitation

The Right Against Exploitation is defined in Article 23 of the Indian Constitution. It reads as: 1. Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. 2. Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.

 

Both citizens and non-citizens have access to this right. It safeguards individuals not only from the state but also from private individuals.

 

The first clause outlaws all forms of human trafficking. Human trafficking refers to the sale and purchase of men and women as commodities for immoral and other purposes, and typically involves the trafficking of women and children. Human trafficking, beggaring, and other similar forms of forced labour are prohibited, and any violation of this provision will be punished according to the law. This provision is similar to the American Constitution's 13th amendment, which abolished slavery in the United States. While our Constitution does not expressly prohibit slavery, the term "human trafficking" and "forced labour" have been used to broaden the scope of Article 23. As a result, it forbids not only slavery but also any form of trafficking in women, children, or the disabled for immoral purposes. (a) selling and buying men, women, and children like goods; (b) immoral traffic in women and children, including prostitution; (c) devadasis; and (d) slavery are all examples of "traffic in human beings." The Immoral Traffic (Prevention) Act, 1956 was enacted by Parliament to punish these acts.

In this clause, the word 'begar' is used. It entails non-compensated forced labour. The begarsystem was in place when the British ruled our country. People from poor backgrounds were used by British officials and Zamindars to transport their personal belongings from one location to another. With the help of British laws, the Zamindars duped and deceived generations of a family into working for free on their farms. These activities are considered forced labour and are prohibited by our constitution. The term 'begar' refers to unpaid work that is required.

 

Aside from beg, Article 23 prohibits other "similar forms of forced labour," such as "bonded labour." Forced labour refers to forcing someone to work against their will. The term 'force' encompasses not only physical or legal force, but also force resulting from economic compulsion, such as working for less than the minimum wage. The Bonded Labor System (Abolition) Act of 1976, the Minimum Wages Act of 1948, the Contract Labor Act of 1970, and the Equal Remuneration Act of 1976 were all passed in this regard.

 

This provision is also subject to an exception in Article 23. It allows the government to impose compulsory service for public purposes, such as military or social service, without having to pay for it. However, the State is not allowed to discriminate solely on the basis of religion, race, caste, or social class when enforcing such service.

 

The Indian Constitution's Article 24 reads as follows:

 

No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

 

Article 24 prohibits the employment of children below the age of 14 years in any factory, mine or other hazardous activities like construction work or railway. But it does not prohibit their employment in any harmless or innocent work.

 

The most important law in this area is the Child Labor (Prohibition and Regulation) Act of 1986. Furthermore, the Employment of Children Act of 1938, the Factories Act of 1948, the Mines Act of 1952, the Merchant Shipping Act of 1958, the Plantation Labour Act of 1951, the Motor Transport Workers Act of 1951, the Apprentices Act of 1961, the Bidi and Cigar Workers Act of 1966, and other similar acts make it illegal to employ children under the age of 18.

 

The Supreme Court ordered the creation of a Child Labor Rehabilitation Welfare Fund in 1996, into which the offending employer must deposit a fine of $20,000 for each child he employs. It also issued guidelines for improving children's education, health, and nutrition.

 

The Commissions for the Protection of Child Rights Act of 2005 established a National Commission, State Commissions for the Protection of Child Rights, and Children's Courts to expedite the prosecution of crimes against children and violations of their rights.

 

The government outlawed the use of children as domestic servants or workers in businesses such as hotels, dhabas, restaurants, shops, factories, resorts, spas, and tea shops in 2006. It warned that anyone employing children under the age of 14 would face criminal charges and penalties.

 

The Child Labour (Prohibition and Regulation) Amendment Act of 2016 amended the 1986 Child Labour Act. The Principal Act has been renamed the Child and Adolescent Labor (Prohibition and Regulation) Act of 1986.

 

The Amendment Act makes it illegal to employ children under the age of 14 in any occupation or process. This prohibition previously applied to 18 occupations and 65 processes.

 

In addition, the Amendment Act forbids the employment of adolescents (aged 14 to 18) in certain hazardous occupations and processes. The Amendment Act also makes the penalties for violators more severe. It carries a penalty of 6 months to 2 years in prison, a fine of 20,000 to 50,000 dollars, or both. In the case of repeated offences, the sentence ranges from one to three years in prison.