Article 23 and 24 deals with the right against exploitation. Exploitation means misuse of services of others with the help of force. It not only violates the Preamble of our Constitution but is also opposed to the Directive Principles of State Policy contained under Article 39, for the object of promoting economic equality.
Article 23(1) of the Constitution prohibits traffic in human being and begar and other similar forms of forced labour. Any contravention of this provision shall be an offence punishable in accordance with law. This right is available to both citizens and non-citizens. Article 23 protects the individual not only against the State but also private citizens. It imposes a positive obligation on the State to take steps to abolish evils of ‘traffic in human beings‘ and begar and other similar forms of forced labour wherever they are found.
So Article 23 is expressly prohibits the following practices:
- Begar
- Traffic in Human beings
- Forced labour
Devadasis are also covered under the term “traffic in human beings”. Children of the prostitutes have a right to equality of opportunity, dignity, care, protection and rehabilitation so as to be part of the mainstream of social life (Gaurav Jain v. U.O.I., AIR 1997 SC 3021). It may be noted that Article 23 does not prohibit the State from imposing compulsory service for public purposes e.g., social or military service. In State of Gujarat v. Hon’ble High Court of Gujarat, (1998) 7 SCC 392, held that exaction of hard labour from convicted prisoners is not forced labour.
Article 24 prohibits “employing children below age of 14 in any hazardous employment”. This is in keeping with the human rights concepts and United Nations norms. In M.C. Mehta v. State of T.N., AIR 1997 SC 609, held that children below the age of 14 years cannot be employed in any hazardous industry, mines or other works and has laid down exhaustive guidelines how the State authorities should protect economic, socia! and humanitarian rights of millions of working children. In Bandhua Mukti Morcha V. Union of India, AIR 1997 SC 2218, the Court observed:
“The basic cause for child labour being poverty, instead of its total abolition which will have adverse effect, it should be banned progressively in a planned manner starting from the most hazardous and intolerable activities like slavery, bonded labour, trafficking, prostitution, pornography and dangerous forms of labour, etc.“
Other related articles:
‘Functional Overlap’ between the legislature, executive and judiciary
THE INDIAN CONSTITUTION IS FEDERAL IN FORM BUT UNITARY IN SPIRIT
