The need for protecting and safeguarding interest of labour as human beings has been enshrined in various Articles of Constitution of India giving an idea of the conditions under which labour had to be for work. Accordin
CS Professional · Labour Laws and Practice · PYQS · June 2025
The need for protecting and safeguarding interest of labour as human beings has been enshrined in various Articles of Constitution of India giving an idea of the conditions under which labour had to be for work. Accordingly, various labour laws ensure the right to life and personal liberty and right against exploitation to labours. Discuss briefly.
Answer & Explanation:
Articles 12 to 35 of the Constitution pertain to the Fundamental Rights of the people. The Indian Constitution guarantees essential human rights in the form of Fundamental Rights under Part III and also Directive Principles of State Policy in Part IV, which are fundamental in the governance of the country. Freedom and civil rights granted to all under Part III have been liberally construed by various pronouncements of the Supreme Court in the last half a century. The object has been to place citizens at the centre stage and make the State accountable. Fundamental Rights must not be read in isolation, but together with Directive Principles and fundamental duties. The need for protecting and safeguarding the interest of labour as human beings has been enshrined in Articles 14, 16, 19, 21, 23 and 24, giving an idea of the conditions under which labour has to be for work. Right to Life and Personal Liberty Article 21 assures every person the right to life and personal liberty. It states that no person shall be deprived of his life or personal liberty except according to a procedure established by law. The liberal interpretation of Article 21 by the judiciary has led to two very spectacular results. Many Directive Principles, which, as such, are not enforceable, have been activated and have become enforceable. Right to livelihood; Right to live with human dignity; Right to medical care; Health of labour; Sexual harassment; Right to health; Economic Rights. The Supreme Court has implied a number of Fundamental Rights from Article 21. Right Against Exploitation According to Article 23(1), traffic in human beings, begar, and other similar forms of forced labour are prohibited, and any contravention of this provision shall be an offence punishable in accordance with law. Article 23(1) prescribes three unsocial practices, viz., (1) begar; (2) traffic in human beings; and (3) forced labour. The term 'begar' means compulsory work without any payment. Begar is labour or service which a person is forced to give without receiving any remuneration for it. Withholding of pay of a government employee as a punishment has been held to be invalid in view of Article 23, which prohibits begar. 'To ask a man to work and then not to pay him any salary or wages savours of begar. It is a Fundamental Right of a citizen of India not to be compelled to work without wages.' ( Suraj v. State of Madhya Pradesh, AIR 1960 MP 303 ). Article 24 of the Constitution of India states that "no child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment". Article 24 is also enforceable against private citizens and lays down a prohibition against the employment of children below the age of fourteen years in any factory or mine, or any other hazardous employment. This is also in consonance with Articles 39(e) and (f) in Part IV of the Constitution which emphasizes the need to protect the health and strength of workers and also to protect children against exploitation. Article 39 (f) of the Constitution of India enumerates the importance of protecting children from exploitation and to give them proper opportunities and facilities to develop.
Topics: Constitutional Law
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