'Articles 23 and 24 of the Constitution of India are wide enough to encompass various aspects of rights of labourers'. Elaborate and refer to decided case law, if any.

CS Professional · Labour Laws & Practice · PYQS · June 2023
'Articles 23 and 24 of the Constitution of India are wide enough to encompass various aspects of rights of labourers'. Elaborate and refer to decided case law, if any.

Answer & Explanation:

The Laws in India prohibits slavery and any act which harms dignity and freedom of person. The Right against exploitation is enshrined in the Article 23 and 24 of the Indian Constitution which guarantees human dignity and protect people from any such exploitation. Article 23 prohibits the trafficking of human beings, beggar or any similar form of forced labour. It also states that any contravention of this provision is punishable by the law. Article 23 has a very wide scope by ensuring that a person is not forced to do anything involuntarily. Bonded labour, prisoners made to work without even minimum remuneration, poor labours made to work free or forcing women or child into prostitution etc. are some of the instances which the law prohibits. Article 23 forbids all forms of exploitation and also makes bonded labour as well as human trafficking unconstitutional. Article 23 States that it ensures citizen protection both against the State and Private Individuals. Withholding of pay of a government employee as a punishment has been held to be invalid in view of Article 23 which prohibits beggar. 'To ask a man to work and then not to pay him any salary or wages savours of beggar. It is a Fundamental Right of a citizen of India not to be compelled to work without wages.' ( Suraj vs. State of Madhya Pradesh, AIR 1960 MP 303 ). The Supreme Court has given an expansive significance to the term "forced labour" used in Article 23(1) in a series of cases beginning with the Asiad case in 1982. ( People's Union for Democratic Rights vs. Union of India, AIR 1982 SC 1473 ). The Court has insisted that Article 23 is intended to abolish every form of forced labour even if it has origin in a contract. Article 23 strikes at forced labour in whatever form it may manifest itself, because it is in violation of human dignity and is contrary to the basic human values. Article 24 states that any child under the age of 14 years cannot be employed as a worker in any factory or be engaged in any other hazardous employment. The purpose of this article is to protect children's welfare and to guarantee their safety and well-being. In M.C.Mehta v. State of T.N.: (AIR 1997 SC 699) , the Supreme Court directed that the employers of children below 14 years must comply with the provisions of the Child Labour (Prohibition and Regulation) Act, 1986 providing for compensation, employment of their parents / guardians and their education.

Topics: Constitutional Law

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