What is the meaning of Right Against Exploitation (Article 23 and 24)
Right Against Exploitation is actually restricting prohibiting anyone from doing anything which takes away the liberty of other individuals.
The provision enshrined in Part III (Fundamental Right) of the Indian Constitution preserves the right of every human being living in any part of the country and protects their interest and choice not to get exploited as a bonded laborer and by other means of human trafficking.
Right Against Exploitation (Article 23 and 24)
- Prohibition of traffic in human beings (selling and buying of persons like goods) and forced labor (Article 23)
- Prohibition of Employment of children in factories, etc. ( Article 24)
Article 23 (Right Against Exploitation)
Article 23 prohibits traffic(selling and buying of persons like goods) in human beings, the beggar (forced labor), and other similar types of forced labor any contravention of this provision have an offense that is punishable by law
This right is accessible to both citizens and non-citizens. Article 23 protects Individuals from both against the state and also against the private persons
The expression ‘ traffic in human beings’ Include (given below in Image)
To punish these acts, our parliament has made the immoral traffic (prevention) Act, 1956.
The term ‘beggar’ means compulsory work without remuneration. It was a peculiar Indian system under which the local Zamindars sometimes used to force their tenants to render services with no payment.
In addition to the beggar, article 23 prohibits other ‘similar forms of forced labor’ Like ‘bonded labor’. The term ‘forced labor’ means compelling an individual to work against his will. the word ‘force’ includes not only physical or legal force but also force arising from the compulsion of economic situations, that is, working for less than the minimum wage.
In this regard, the bonded labor system (Abolition) Act, 1976; The minimum wages act, 1948; The contract labor Act, 1970, and the equal remuneration Act, 1976 were made.
An exception to that provision is also provided in Article 23. It enables the state to enforce compulsory service for public purposes, such as military service or social service which is not required to pay for.
However, In imposing such a service, the State is not allowed to discriminate on grounds of only religion, race, caste, or class.
Legislations that are made to check human trafficking are following-
- Immoral Trafficking Prevention Act of 1956
- Bounded labor system; Act 1976
- Juvenile Justice (Care and Protection) Act of 2015
- Recently the government came out with the trafficking of persons, (Prevention, Protection, and Rehabilitation), Bill 2016 which is prevent trafficking and to protection and rehabilitation to the victims of the trafficking and,
To create a legal, economic, and social environment against and in connection with trafficking on incidental matters:
Article 24 (Right Against Exploitation)
Article 24 prohibits the employment of children under the age of 14 yrs in any factory, mines, or other hazardous activities like construction work or in the railway. But, in any harmless(safe) or innocent(reliable) work, it does not prohibit their employment.
The Child Labor (Prohibition and Regulation) Act, 1986, is the essential law in this direction.
In 1996, the Supreme Court directed the improvement of education, health, and nutrition of children.
The Commission for Protection of Child Rights Act, 2005 was enacted to provide for the establishment of a National Commission and State Commission for the protection of Child Rights and Children’s Court for the speedy trial of crimes against children or the violation of the children’s rights.
In 2006, the government of India banned the employment of children as many of the workplaces such as from domestic servants or workers in business establishments such as hotels, Dhabas, shops, restaurants, factories, spas, tea-shops, resorts, and so on.
It warned that anyone employing children below 14 years of age would be responsible for prosecution and penal action.
Children are the prospects of a progressive future. To bring a participant towards building a social democracy they require suitable conditions of education, health including immunization, and vocational facilities. The current government is also serious about this issue which is depicted in the recent drafting of the child labor ( Prohibition and Regulation) amendments Bill.
Child Labor Amendment (2016) “Right Against Exploitation (Article 23 & 24)”
Due to conflicts between Article 24 and Article 21A, the Child Labor (Prohibition and Regulation) Act, 2016, amended the Child Labor (Prohibition and Regulation) Act,1986. It has renamed the act as the Child and Adolescent Labor (Prohibition and Regulation) Act, 1986.
- It prohibits children below the age of 14 yrs from any employment.
- Exception- child artists and help in family enterprises.
- The Bill seeks to amend the Child Labor Act, 1986, which prohibits the engagement of children in certain types of occupations and regulates the condition of the work of children in other occupations.
- The Act prevents the employment of children (less than 14 yrs) in certain occupations or workplaces such as automobile workshops, Bidi-making, carpet weaving, handloom, and power loom industry, mines, and domestic work. In light of the right of the children to the Free and Compulsory Education Act, 2009, the Bill seeks to ban the employment of children below 14 years in all occupations excepting where the child helps his family after school hours.
- The Bill includes another class of persons (between the age of 14-18) called “Adolescent”. The bill prevents the employment of adolescents in any hazardous occupations as specified (mines, inflammable substances, and hazardous processes).
- The central government may add or limit any hazardous occupation from the list include the bill.
- The Bill can increase the punishment for employing any child in an occupation. it also contains a penalty for employing an adolescent in a hazardous occupation.
- The punishment for employing an adolescent (between the age of 14-18) in hazardous occupations is imprisonment between 6 months and 2 years or a fine of Rs 20,000 to Rs 50,000 or apply both.
- The penalty for employing an adolescent in hazardous occupations is imprisonment between 6 months and 2 years or a fine of Rs 20,000 to Rs 50,000 or apply both.
- The govt may provide powers on a district Magistrate to ensure that the provisions of the law are properly carried out.
- The Bill empowers the govt to regularly audit the places where children and adolescents are barred from employment.
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