Briefly describe the Fundamental Rights against exploitation under Constitution of India.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2021
Briefly describe the Fundamental Rights against exploitation under Constitution of India.

Answer & Explanation:

Fundamental Rights against exploitation under the Constitution of India are provided in Article 23 and 24. They are described as under: (a) Prohibition of traffic in human beings and forced labour Article 23 imposes a ban on traffic in human beings, begar and other similar forms of forced labour. The contravention of these provisions is declared punishable by law. Thus, the traditional system of beggary particularly in villages, becomes unconstitutional and a person who is asked to do any labour without payment or even a labourer with payment against his desire can complain against the violation of his fundamental right under Article 23. 'Traffic' in human beings means to deal in men and women like goods, such as to sell or let or otherwise dispose them of. 'Begar' means involuntary work without payment. The State can impose compulsory service for public purposes such as conscription for defence or social service etc. While imposing such compulsory service the State cannot make any discrimination on grounds only of religion, race, caste or class or any of them. (Clause 2 of Article 23). Traffic in human beings i.e. women, children, etc. and forced labour militate against human dignity. Under the old Zamidari system, the tenants were sometimes forced to render free service to their landlords. This was called begar. Indian citizens are now free to take up any job for which they are found suitable and workers cannot be paid less than minimum wages fixed by the Government. 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. This is declared in the case of Gaurav Jain & Union of India A.I.R 1997 S.C. 3021 . (b) Prohibition of employment of children Article 24 prohibits the employment of children below the age of fourteen in any factory or mine. The Factories Act, 1948; The Mines Act, 1952; The Apprentices' Act, 1961; and the Child & Adolescent Labour (Prohibition and Regulation) Act, 1986 are some of the important enactments in the statute book to protect the children from exploitation by unscrupulous employers. The Supreme Court has issued detailed guidelines as to child labour in M.C. Mehta v. State of T.N., AIR 1993 S.C. 699 .

Topics: Constitutional Law

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