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Home » Right against Exploitation (Articles 23-24)

Right against Exploitation (Articles 23-24)

Law

The right against exploitation, encompassing Articles 23 and 24 of the Indian Constitution, is a crucial shield against various forms of exploitation and injustice. 

These articles protect individuals, especially the vulnerable sections of society, from practices such as human trafficking, forced labour, and the employment of children in hazardous industries. 

Article 23 Prohibition of Traffic in Human Beings and Forced Labor

Article 23(1) firmly prohibits the trafficking of human beings and the practice of forced labour in any form. It prohibits the exploitation of individuals through the forced provision of labour without remuneration. 

This provision aims to eradicate the buying and selling of human beings, including women and children, for immoral and illegal activities and ensures the protection of their fundamental rights.

Expanding the Scope of Trafficking

Article 23(1) extends the prohibition beyond traditional forms of forced labour, such as beggar labour, and includes all similar forms of forced labour. The provision recognizes that forced labour can manifest in various ways, including economic factors that compel individuals to work for wages below the minimum wage. 

This broad interpretation ensures the protection of individuals against any form of coercion and exploitation.

Protection of Children: Article 24

Article 24 specifically addresses the exploitation of children in industries by prohibiting their employment below the age of fourteen in factories, mines, and hazardous occupations. 

This provision aims to safeguard the rights and well-being of children, ensuring they are not subjected to harmful work environments that can impede their physical and mental development.

Promotion of Education and a Safe Environment

By prohibiting the employment of children in hazardous industries, Article 24 encourages the promotion of education and a safe environment for children. 

It recognizes the significance of education in enabling children to lead fulfilling lives and contribute to society positively. 

This provision emphasizes prioritising children’s rights and protecting them from exploitation.

Enforcement and Awareness

While Articles 23 and 24 provide crucial protection against exploitation, their effectiveness depends on proper implementation, enforcement, and raising awareness within society. 

Government agencies, non-governmental organizations, and the general public should work collectively to identify and address instances of exploitation, promote education and awareness campaigns, and ensure the rights and dignity of every individual are upheld.

Summary

The right against exploitation, enshrined in Articles 23 and 24, is pivotal in protecting human dignity and eradicating practices that exploit individuals, particularly the vulnerable sections of society. 

These provisions prohibit human trafficking, forced labour, and the employment of children in hazardous industries. They emphasize the importance of education, fair treatment, and safe environments for all individuals. 

Note: Access complete CLAT Legal Reasoning notes here.


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