Q. Which of the following are envisaged by the Right against Exploitation in the Constitution of India?

  1. Prohibition of traffic in human beings and forced labour
  2. Abolition of untouchability
  3. Protection of the interests of minorities
  4. Prohibition of employment of children in factories and mines

Select the correct answer using the code given below:

  • 1, 2 and 4 only
  • 2, 3 and 4 only
  • 1 and 4 only
  • 1, 2, 3 and 4

Answer: (c) 1 and 4 only

Right against Exploitation:
  • The Right Against Exploitation, enshrined as a fundamental right in the Indian Constitution, plays a crucial role in ensuring human dignity, freedom, and social justice.
  • It prohibits practices that lower the dignity of human beings. The essence of this right lies in safeguarding the dignity, freedom, and well-being of every individual, particularly vulnerable segments of society, by ensuring that they are not subjected to coercion, abuse, or dehumanization.
  • This right acts as a guardian which protects the individual from the shackles of forced labor, human trafficking, and child exploitation.
  • The detailed provisions related to the Right Against Exploitation contained in Articles 23 to 24 of the Constitution.
Prohibition of Trafficking in Human Beings and Forced Labor (Article 23)
  • This provision prohibits trafficking in human beings, and all forms of forced labor such as begar, bonded labor, etc. Any violation of this provision shall be an offense punishable by law.
  • This right is available to both citizens and non-citizens.
  • It protects the individuals not only against the actions of the State but also against the actions of private persons.
  • Traffic in Human Beings:
    • The expression ‘Traffic in Human Beings’ includes the following activities:
      • selling and buying of men, women, and children as commodities,
      • immoral trafficking in women and children, including prostitution,
      • the practice of devadasis,
      • the practice of slavery, etc.
    • To punish these Acts, the Parliament has enacted the Immoral Traffic (Prevention) Act of 1956.
  • Forced Labour:
    • Forced Labour: The term ‘forced labor’ means compelling a person to work against his/her will by using physical force, legal force, or compulsion of economic circumstances such as working for less than minimum wages. Some examples of Forced Labour include Begar, Bonded Labour, etc.
    • Begar: The term ‘begar‘ refers to a peculiar form of forced labor that was prevalent in India during the time of the Zamindari System. Under it, the local zamindars used to force their tenants to render services without any payment or remuneration.
    • The following laws enacted by the Parliament prevent and punish various forms of forced labor:
      • Bonded Labour System (Abolition) Act, 1976,
      • Minimum Wages Act, 1948,
      • Contract Labour Act, 1970,
      • Equal Remuneration Act, 1976.
    • Exception: An exception to this provision is that the state can impose compulsory service for public purposes such as military service, social service, etc, for which it is not bound to pay. However, in imposing such service, the state cannot discriminate based only on grounds of religion, race, case, or class.
Prohibition of Employment of Children in Factories, etc. (Article 24)
  • This provision prohibits the employment of children under the age of 14 in factories, mines, or other such hazardous activities.
    • However, it does not forbid their employment in harmless or non-hazardous activities.
  • The Parliament has enacted the following laws to implement this provision:
    • Child Labour (Prohibition and Regulation) Act, 1986 and its further amendments.
    • Employment of Children Act, 1938
    • Factories Act, 1948
    • Mines Act, 1952
    • Merchant Shipping Act, 1958
    • Plantation Labour Act, 1951
    • Motor Transport Workers Act, 1951
    • Apprentices Act, 1961
    • Bidi and Cigar Workers Act, 1966
  • Some other initiatives taken by the government in this direction include:
    • The creation of a Child Labor Rehabilitation Welfare Fund in which the offending employer deposits a specified amount of fine for each child employed by him.
    • National Commission and State Commissions for the Protection of Child Rights have been established.
    • Children’s Courts have been established for speedy trial of offenses against children.