The Right against Exploitation is enshrined in Articles 23 and 24 of the Indian Constitution. These are important Fundamental Rights that guarantee every citizen protection from any kind of forced labour. In this article, you can read all about the right against exploitation and its implications for the IAS exam.
Article 19(1)(c) gives everyone a specific right “to form associations or unions”. Article 23 prohibits all trafficking and forced labour, while article 24 prohibits child labour under 14 years old in a factory, mine or “any other hazardous employment”.
India is the largest democracy in the world today. This track of progress and development India has a great struggle concealed behind it. India has been a victim of slavery since centuries altogether. It took several centuries to get India free from slavery and finally after the enactment of the Indian Penal Code, 1860, slavery was completely abolished in India. The framers of the Indian Constitution through Article 23 and 24 expunged such practices. The Constitution of India guarantees liberty and dignity to every individual, hence, leaving no scope for exploitation, slavery and ill-treatment.
Exploitation of labour is a concept defined as, in its broadest sense, one agent taking unfair advantage of another agent. Marxists state it as a social relationship based on an asymmetry of power between workers and their employers. When speaking about exploitation, there is a direct affiliation with consumption in social theory and traditionally this would label exploitation as unfairly taking advantage of another person because of their inferior position, giving the exploiter the power.
Exploitation means the misuse of services rendered by others with the help of force. The practice of exploitation violates the basic concept of the Indian Constitution, the Preamble and opposes the Directive Principle of State Policy given under ARTICLE 39 of the Indian Constitution which stimulates economic equality among the individuals.
Article 35 authorises Parliament to make laws for punishing the acts which are prohibited under Article 23.
This article imposes a positive obligation on the State to abolish immoral practices of exploitation like human trafficking and other forms of forced labour.
It means selling and buying of a human being like goods and includes immoral trafficking of women and children. Although, slavery is not expressly mentioned under Article 23 but it is included within the meaning of ‘traffic in human beings’. In pursuance of Article 23, Parliament has passed the Suppression of Immoral Traffic in Women and Girls Act, 1956, for punishing human trafficking.
THREE MOST BASIC RIGHT OF A LABOUR
Right to a safe workplace free of dangerous conditions, toxic substances, and other potential safety hazards;
Right to be free from retaliation for filing a claim or complaint against an employer (these are sometimes called “whistleblower” rights); and.
Right to fair wages for work performed
RIGHT AGAINST EXPLOITATION
There are two articles of the Constitution which guarantee the right against exploitation. They are described below:
Article 23 – Prohibition of traffic in human beings and forced labour
Article 23: Traffic in human beings and the beggar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with the law.
Features of Article 23
It has certain features which every individual should be aware of –
Right against exploitation is prescribed as a fundamental right of the individuals under Article 23 of the Indian Constitution.
It protects both the citizens and the non-citizens against exploitation.
It protects individuals against the State as well as private citizens.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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