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UPSC MainsGeneral Studies Paper IIConstitutionPractice question

Right Against Exploitation in the Indian Constitution

Enumerate the constitutional provisions granted under the Right against Exploitation in the Indian Constitution.

Enumerate~250 words3 min readeasy
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How to approach

Introduce the Right against Exploitation by mentioning Articles 23 and 24 within Part III of the Constitution. Systematically enumerate the core guarantees, judicial interpretations, and statutory reinforcements for both articles. Conclude by highlighting their role in advancing social justice and fulfilling constitutional and international human rights mandates.

Model answer

401 words

Introduction

Articles 23 and 24 of the Indian Constitution enshrine the Right against Exploitation under Part III, guaranteeing fundamental protections against dehumanizing socio-economic practices. Uniquely enforceable against both the State and private individuals, these provisions uphold human dignity and safeguard vulnerable groups from coercive labour practices and institutionalized abuse.

Article 23: Prohibition of Traffic in Human Beings and Forced Labour

Article 23 aims to dismantle traditional feudal hierarchies and exploitative labour relationships through comprehensive constitutional prohibitions.

  • Core Guarantees (Article 23(1)): It explicitly bans traffic in human beings, begar (involuntary work without remuneration), and other similar forms of forced labour. Any contravention of this provision is an offence punishable in accordance with law.
  • State Exception (Article 23(2)): The State is permitted to impose compulsory service for public purposes (such as military conscription or social services), provided that in doing so, it does not discriminate on grounds only of religion, race, caste, or class.
  • Judicial Expansion: In PUDR v. Union of India (1982), the Supreme Court ruled that paying wages lower than statutory minimum wage amounts to 'forced labour' resulting from economic duress. Furthermore, in Bandhua Mukti Morcha v. Union of India (1984), the Court held that the State has an affirmative obligation to identify, release, and rehabilitate bonded labourers.

Article 24: Prohibition of Employment of Children in Hazardous Work

Article 24 provides critical child protection by regulating the conditions of employment to safeguard children's physical and mental development.

  • Core Guarantee: It mandates that no child below the age of fourteen years shall be employed to work in any factory, mine, or engaged in any other hazardous employment.
  • Statutory Evolution: Parliament enacted the Child Labour (Prohibition and Regulation) Amendment Act, 2016, establishing a blanket prohibition on the employment of children below 14 years across all occupations and processes (with narrow exceptions for family enterprises). It also introduced an 'adolescent' category (14 to 18 years), prohibiting their employment in hazardous occupations.
  • Judicial Mandate: In M.C. Mehta v. State of Tamil Nadu (1996), the Supreme Court directed the creation of a Child Labour Rehabilitation-cum-Welfare Fund financed through fines collected from offending employers.

Conclusion

The constitutional provisions under Articles 23 and 24 translate the vision of an egalitarian welfare state into an enforceable reality. By legally delegitimizing bonded and child labour, these rights directly support India's commitment to Sustainable Development Goal 8 (Decent Work and Economic Growth) and protect the foundational dignity of the individual.

Key facts to remember

definition
Begar

A system of involuntary servitude where a person is forced to render free or nominal labour without just compensation or remuneration.

case study
PUDR v. Union of India (1982)

The Supreme Court expanded the scope of Article 23 by ruling that labour extracted under conditions where workers receive less than the prescribed statutory minimum wage constitutes forced labour.

scheme
Child Labour (Prohibition & Regulation) Amendment Act, 2016

A legislation that enacted a blanket ban on employing children below 14 years in all occupations and processes, while barring adolescents aged 14 to 18 from hazardous work.

Frequently asked questions

Are Articles 23 and 24 enforceable only against the State?

No. Unlike many other Fundamental Rights that limit State power, the protections under Articles 23 and 24 are directly enforceable against both the State and private individuals.

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