Understanding the Right Against Exploitation: Legal Protections Worldwide

India is a sovereign state with one of the world’s largest constitutions. The Indian Constitution comprises seven fundamental rights vital to the harmony of the citizens of India. Among them is the Right against Exploitation, which prohibits forced labor, child labor, and human trafficking. These rights allow citizens to fight against adversities that might occur to them.

The International Labor Organization (ILO) aims to eradicate exploitation against humans worldwide. According to ILO reports, approximately 19.6 million people lived in modern slavery in 2021. 27.6 million out of them were in forced labour. Moreover, 22 million were in forced marriages. Moreover, it has been stated that Asia and the Pacific region have the highest number of people in forced labour, with 15.1 million people.

Let’s learn how the Right Against Exploitation, an important fundamental right guaranteed by the Indian Constitution, protects the Indians from the bonds and shackles of forced labour and slavery.

What is the meaning of exploitation?

Exploitation refers to a situation where someone or something is taken advantage of unfairly. It often involves a power imbalance, where one party benefits at the expense of the other.

Right Against Exploitation in the Constitution

Articles 23 and 24 in the Indian Constitution describe the Right Against Exploitation. These are vital fundamental rights to protect citizens of the country from all sorts of forced labor. The Constitution’s two articles prove their existence by assuring the Right against Exploitation.

Provisions of Right Against Exploitation Article 23 and Article 24

Articles 23 and 24 of the Indian Constitution precisely and accurately prohibit forced labor, child labor, and human or child trafficking. These articles safeguard the interests of the vulnerable section of the society.

1. Article 23 – This article specifies the prohibition of begar, forced labor, and other forms of human trafficking. If individuals engage in these activities, authorities can take legal action against them, resulting in legal consequences.

•  Article 23(1)
  • Prohibits trafficking of human beings, beggars, and other forced labor. If practised, the person will be punishable under the law.

• Article 23(2)
  • The article states that the State must impose compulsory service for public purposes like water, and electricity. The State shall not refrain from rendering such services based on religion, race, caste, or class.

2. Article 24 – This article prohibits child labour. It specifies that no child under fourteen should work in a factory, mine, construction site, or other hazardous place.

• Historical Development of Provision Against Exploitation
  • When India adopted the Constitution, instances of Right Against Exploitation were few.
  • With the advent of the 1920s, the National Freedom Movement emerged as a significant force against forced labor and Right Against Exploitation.
  • The exploitation of Untouchables and the prevalence of the devadasi system prompted the constitution makers to take serious actions against these practices.
  • The Constitution left no room for such Right Against Exploitation, and the social and political era paved a new way against these rigid and immoral structures.
  • Since 1982, Articles 23 and 24 have become vital instruments in the hands of the courts to alleviate the dire conditions of the weaker sections of society in India.

Understanding the Right Against Exploitation Short Note

Right Against Exploitation is defined as the forceful use of another person’s services, which is considered a criminal offense. According to the preamble of India, Right Against Exploitation is a fundamental offense. Article 39 of the Directive Principles of State Policy and the Constitution outlines this, promoting economic equality among Indian citizens.

Indian law identifies various forms of Right Against Exploitation as situations that severely damage individuals’ dignity and significantly infringe upon their freedom. The distinct forms or elements of forced labour, as mentioned in the Right Against Exploitation, are:

1. Bonded Labour
   • Bonded labour is one of India’s most common forms of exploitation or forced labour.
   • It occurs when an individual pledges their labour against a loan.
   • If the individual cannot repay the loan, the lender forces them to work until the debt is paid off.
   • This type of labour is prevalent in the agricultural sector.
     • Poor farmers take loans from moneylenders and are then forced to work for them to repay the debt.
   • Bonded labour is also common in the brick kiln industry.
     • Workers perform laborious tasks for long hours in factories.
     • Despite their hard work, they are not paid at the end of the day.
2. Child Labour
   • It is strictly prohibited in India.
   • The Constitution prohibits the employment of children below the age of 14 years.
   • Children are refrained from engaging in dangerous economic activities.
   • Examples of child labour include working in coal mines, factories, or construction areas.
   • Most child labourers are found in the agricultural, manufacturing, and service sectors.
3. Human Trafficking
   • Human trafficking is a prevalent issue in India.
   • The National Crime Records Bureau reported approximately 2,189 cases of human trafficking in India in 2021.
   • Women and children are the primary victims of human trafficking.
   • Traffickers initially lure victims with promises of better work and a better life.
   • Victims are then forced into prostitution or sold into the sex industry.

Right Against Exploitation Meaning

The Indian Constitution describes this fundamental right for people to stand Right Against Exploitation if they encounter it. Let us discuss its provisions in detail.

1. Article 23 – Prohibition of forced and bonded labour and human trafficking

Forced labour, human trafficking, beggar, and other similar forms of exploitation are strictly prohibited in Article 23. Moreover, the Parliament passed multiple laws under Article 23, namely, the Suppression of Immoral Traffic in Women and Girls Act, 1956, and the Bonded Labour System (Abolition) Act, 1976.  Here are some important points that are discussed in Article 23:

• Many marginalised communities in India are forced to engage in manual and agricultural labour without payment. Labour without payment is beggar, and Article 23 declares it unconstitutional.
• One cannot practise forced labour even if they give remuneration.
• The Constitution forbids forced labour. It is considered forced labour if the wage paid is less-than-minimum.
• Article 23 also makes bonded labour and human trafficking unconstitutional.
• Even though the Constitution does not explicitly ban ‘slavery’, Article 23 has a wide scope because of the inclusion of the terms ‘forced labour’ and ‘traffic’.
• Article 23 protects citizens not only against the State but also from private citizens.
• As per Article 23, services for public purposes (such as conscription to the armed forces) are constitutional.

2.  Article 24 – Prohibition of Child Labor

Article 24 prohibits child labour. The law prohibits children under fourteen from working in hazardous jobs like factories, mines, or construction sites. However, it allows the employment of children in non-hazardous work without exception. Article 24 must be read in conjunction with Article 39(e) and (f). Article 39 enables the Parliament of India to create laws to punish the acts prohibited in Article 24.

Laws Enacted in India in Accordance with Article 24

India has enacted several laws to address the issue of child labor, in accordance with Article 24 of the Constitution. Here are some of the key legislations:

The Factories Act, 1948

This landmark legislation established a minimum age limit of 14 years for employment in factories. It was later amended to further restrict child labor, prohibiting the employment of children under 17 years of age in night shifts.

The Mines Act, 1952

This Act prohibits the employment of individuals below the age of 18 in mining operations, recognizing the hazardous nature of such work.

The Child Labour (Prohibition and Regulation) Act, 1986

This comprehensive legislation prohibits the employment of children below the age of 14 in various occupations and processes. It also regulates the working conditions of adolescents between the ages of 14 and 18.

The Child Labour (Prohibition and Regulation) Amendment Act, 2016

This amendment further strengthened the 1986 Act by imposing stricter penalties for violations and expanding the scope of prohibited occupations. It also introduced provisions for the rehabilitation and education of child laborers.

The Child Labour (Prohibition and Regulation) Amendment Rules, 2017

These rules provided a detailed framework for the implementation of the 2016 Amendment Act. They clarified the definition of “family enterprise” and outlined specific conditions for the employment of children in artistic and cultural activities

Significance of the Right Against Exploitation

The Right Against Exploitation is enshrined in many constitutions and international treaties, serving as a crucial safeguard for human dignity and fundamental rights. Here’s a closer look at its key aspects:

• Upholding Human Rights: This right acts as a bulwark against exploitation, ensuring individuals can exercise their fundamental rights and live with dignity.
• Combating Human Trafficking: It actively combats the illegal and immoral trade of people by prohibiting trafficking in human beings. This protects individuals from forced labor, slavery, or other forms of servitude.
• Eradicating Forced Labor: The right aims to eliminate forced labor practices entirely. This includes practices like bonded labor and begar, ensuring individuals are not compelled to work against their will without proper compensation.
• Protecting Children: This right safeguards children from exploitation by prohibiting their employment in hazardous occupations. It prioritizes their physical, mental, and emotional well-being, ensuring they have access to education and a healthy childhood.
• Fostering Social Justice: The right holds both the state and individuals accountable for exploitation. This promotes a more just and equitable society by reducing power imbalances and promoting fair treatment.
• Empowering Vulnerable Groups: The right acts as a safety net for vulnerable populations like women, children, and marginalized communities, who are often at greater risk of Right Against Exploitation and abuse.
• Promoting Ethical Labor Practices: By prohibiting exploitative practices, this right encourages the adoption of ethical labor standards and fair compensation for all workers. This creates a more balanced and just working environment.

By protecting individuals from exploitation, this right fosters a world where everyone can live with dignity and have the opportunity to thrive.

Constitutional Safeguards of Right Against Exploitation Short Note

India’s Constitution enshrines the right against exploitation (Articles 23 & 24) as a fundamental right. Here are some landmark judicial pronouncements that illuminate the scope and application of this right:

• People’s Union of Democratic Rights v. Union of India (1982): This case established the broad reach of Article 23. It protects individuals from all forms of exploitation, encompassing both economic and social dimensions. The core principle is to prevent people from being forced into servitude or subjected to undue physical or economic pressure.
• Sanjit Roy vs. the State of Rajasthan (1983): This case highlights the state’s responsibility when employing people in vulnerable situations. The court ruled that paying workers below the minimum wage, even under the guise of famine relief (Famine Relief Act), violates Article 23. The state cannot exploit those in desperate circumstances who may feel obligated to accept such unfair terms.
• Deena v. Union of India: This case addresses the issue of prison labor. The court ruled that forcing prisoners to work without reasonable wages constitutes forced labor and violates Article 23. Even individuals deprived of their liberty deserve fair compensation for their work.

These judgments demonstrate the judiciary’s crucial role in upholding the right against exploitation. They emphasize that this right goes beyond mere physical harm and encompasses economic coercion and the exploitation of vulnerable populations.

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International Perspective on the Right Against Exploitation

The Right Against Exploitation is a fundamental principle recognized globally to protect individuals from forced labor, human trafficking, and child labor. Here’s an overview of the international perspective on this right: 

1. United Nations (UN) and Human Rights Frameworks 

• Universal Declaration of Human Rights (UDHR) (1948): Article 4 prohibits slavery and servitude, stating that “No one shall be held in slavery or servitude.” 

• International Covenant on Civil and Political Rights (ICCPR) (1966): Article 8 prohibits slavery, forced labor, and human trafficking. 

• International Covenant on Economic, Social, and Cultural Rights (ICESCR) (1966): Ensures the right to work in conditions of freedom, equity, and dignity. 

2. International Labour Organization (ILO) 

• ILO Convention No. 29 on Forced Labour (1930): Defines and aims to eliminate forced labor globally. 

• ILO Convention No. 105 on the Abolition of Forced Labour (1957): Prohibits forced labor under specific circumstances like political coercion or war. 

• ILO Convention No. 138 on Minimum Age for Admission to Employment (1973) & ILO Convention No. 182 on Worst Forms of Child Labour (1999): Aims to eliminate child labor and the worst forms of exploitation. 

3. European Convention on Human Rights (ECHR) 

• Article 4 of the ECHR: Prohibits slavery, servitude, and forced labor within its member states, with limited exceptions. 

4. Convention on the Rights of the Child (CRC) 

• Article 32: Protects children from economic exploitation, including child labor, trafficking, and work harmful to their health, education, or development. 

5. Regional Efforts and Treaties 

• African Charter on Human and Peoples’ Rights: Prohibits exploitation, including slavery and forced labor, across Africa. 

• American Convention on Human Rights (ACHR): Protects individuals from exploitation, including slavery and forced labor, in the Americas. 

6. Human Trafficking and Modern Slavery 

• Palermo Protocol (2000): A United Nations treaty focused on preventing human trafficking, protecting victims, and prosecuting offenders. 

• The Modern Slavery Act (2015): The UK’s legislation to combat modern slavery and human trafficking, ensuring victim protection and prosecution. 

7. Role of NGOs and Civil Society 

• Organizations like Anti-Slavery International, Human Rights Watch, and Amnesty International advocate for victims, raise awareness, and push for the implementation of international conventions. 

8. Challenges and Gaps 

• Implementation and Enforcement: Many countries face challenges in fully enforcing anti-exploitation laws, despite ratifying international treaties. 

• Globalization and Exploitation: Global labor markets and supply chains continue to contribute to exploitation. 

• Technological Exploitation: New forms of exploitation, such as online trafficking and gig economy abuses, require updated international frameworks. 

Challenges and Contemporary Issues in the Right Against Exploitation

The Right Against Exploitation aims to protect individuals from forced labor, human trafficking, and child labor. Despite progress, numerous challenges and contemporary issues hinder the full realization of this right. Below are the key challenges and issues faced in enforcing this right: 

1. Lack of Effective Enforcement 

• Weak Enforcement Mechanisms: Many countries struggle with poor legal infrastructure, corruption, and limited resources, which hinder the effective implementation of anti-exploitation laws. 

• Inadequate Law Enforcement: Local authorities may lack the capacity or training to recognize and address modern forms of exploitation, such as trafficking and forced labor. 

2. Globalization and Exploitation 

• Exploitation in Global Supply Chains: Globalization has created conditions for labor exploitation in developing countries, where multinational corporations sometimes benefit from cheap labor with minimal legal protection. 

• Migration and Exploitation: Migrant workers are particularly vulnerable to trafficking and forced labor, as they often lack legal protections in foreign countries. 

3. Emerging Forms of Exploitation 

• Modern Slavery: Despite global awareness, modern slavery, including bonded labor, child labor, and forced sexual labor, persists. These practices remain difficult to combat due to their hidden nature. 

• Online Exploitation: Digital platforms have led to new forms of exploitation, including cyber trafficking and abuse within the gig economy, with many workers facing exploitation through inadequate wages and poor conditions. 

4. Child Exploitation 

• Child Labor: Child labor continues in industries like agriculture, mining, and manufacturing, especially in countries with weak enforcement of labor laws. 

• Child Trafficking: Children are trafficked for forced labor, sexual exploitation, and illegal adoption. Lack of law enforcement and social protections exacerbate this issue. 

5. Human Trafficking 

• Trafficking for Sexual and Labor Exploitation: Human trafficking remains a major contemporary issue. Victims are often coerced into sex work or labor under inhumane conditions. 

• Internal and Cross-Border Trafficking: Trafficking occurs both within countries and across borders, making it difficult for authorities to track perpetrators and rescue victims. 

6. Gender Inequality 

• Exploitation of Women and Girls: Women and girls face disproportionate exploitation, particularly in trafficking, forced labor, and sexual exploitation. Gender discrimination, poverty, and lack of education increase their vulnerability. 

• Sexual Exploitation: Women, especially in conflict zones and impoverished areas, are vulnerable to sexual exploitation, including sex trafficking and forced prostitution. 

7. Corruption and Impunity 

• Corruption in Enforcement: Corruption among law enforcement and government officials allows exploiters to evade punishment, perpetuating exploitation. 

• Impunity for Exploiters: In many countries, perpetrators of exploitation face little or no consequences due to weak legal systems, corruption, or lack of political will. 

8. Poverty and Socioeconomic Inequality 

• Economic Vulnerability: Poverty is a root cause of exploitation. Individuals in impoverished conditions are often coerced into exploitative labor situations or trafficked under false promises of employment. 

• Lack of Education and Awareness: Many vulnerable individuals, especially in impoverished regions, are unaware of their rights, making them more susceptible to exploitation. 

9. Cultural and Social Norms 

• Cultural Acceptance of Exploitation: In some societies, practices such as bonded labor or child marriage are culturally accepted, hindering efforts to eradicate exploitation. 

• Stigma and Victim Blaming: Victims of exploitation, particularly in sex trafficking, face stigma and victim-blaming, which prevents them from seeking help or reporting abuse. 

10. Technological Advancements and Exploitation 

• Digital Platforms and Exploitation: Exploiters use digital platforms to recruit and exploit individuals, particularly in online sex trafficking and cybercrimes. The anonymity of the internet complicates detection and prosecution. 

• Surveillance and Data Privacy: Vulnerable individuals are increasingly exploited through surveillance technologies and the misuse of personal data. 

11. Legal Gaps and Lack of Coordination 

• Inconsistent Legislation: National laws often vary in their scope and effectiveness in protecting against exploitation. Some countries lack comprehensive legal frameworks to address all forms of exploitation. 

• Lack of International Cooperation: Political differences, weak international legal cooperation, and varying legal systems among countries can hinder efforts to combat exploitation, particularly in human trafficking cases. 

Right against exploitation examples

The Indian Constitution guarantees the fundamental right against exploitation, shielding individuals from practices that violate their dignity and freedom. Here are some real-world examples of situations this right aims to prevent:

• Stolen Childhoods: Child labor forces young minds and bodies into harsh factory, mining, or other demanding jobs. This robs them of their education, playtime, and a normal childhood.
• Coerced Work: Forced labor compels individuals to work against their will, even if they receive minimal compensation. This can include below-minimum wage jobs or situations where people are pressured to work due to threats or fear.
• Debt Traps: Bonded labor traps individuals in a cycle of debt. They are forced to work excessively, often with little to no pay, to repay fabricated or inflated debts. Essentially, they become slaves to their creditors.
• Modern-Day Slavery: Human trafficking preys on vulnerable individuals, luring them with false promises or forcing them into exploitative situations like prostitution, forced labor, or even organ harvesting.
• Forced Beggary: Exploiting people’s vulnerabilities, some are forced to beg on the streets, often with their earnings confiscated by their exploiters.

These are just a few examples of how the right against exploitation safeguards individuals from coercion, manipulation, and the denial of basic human rights.

Judicial Rulings on the Right Against Exploitation

Sanjit Roy v. State of Rajasthan (1983)

In this case, the Supreme Court ruled that even if the state hires workers during times of scarcity, it must adhere to the Minimum Wages Act. Paying below the minimum wage violates workers’ rights, and the state cannot justify lower wages under the pretext of public welfare.

Deena v. Union of India

The court ruled that forcing prisoners to perform labor without fair compensation is a violation of Articles 23 and 24. This decision emphasized that even prisoners have rights to dignity and fair treatment, reinforcing the importance of protecting personal freedom and dignity under the constitution.

M.C. Mehta v. State of Tamil Nadu (1997)

M.C. Mehta brought attention to the issue of child labor in hazardous factories in Tamil Nadu. The court, citing Article 24, ruled that employing children under 14 in such conditions was unconstitutional. The industries involved were ordered to provide heavy compensation, stressing that children should not be subjected to hazardous work environments.

People’s Union for Democratic Rights v. Union of India

The court condemned the employment of children under 14 in construction work, noting this as a breach of Article 24. The state was ordered to stop such practices immediately and provide compensation to the affected children, reinforcing strict adherence to the prohibition of child labor in hazardous jobs.

Conclusion: Right against Exploitation

The fundamental Right Against Exploitation is a birthright for every citizen of India. Articles 23 and 24 of the Indian Constitution prohibit human trafficking and child labor. However, in reality, the weaker sections of society still face discriminatory behavior from their employers. Therefore, it is the responsibility of the State Parliament to enforce these laws.

Awareness of the Bonded Labour Abolition Act of 1976 and the Child Labour Act of 1986 is crucial. This can be achieved through advertisements in newspapers, other media, and online resources. Additionally, today’s youth, the most powerful force in the country, can play a significant role in raising awareness and helping people realize their fundamental rights. By promoting the Right to Equality, the youth can work tirelessly to change society. This will enable everyone to live without fear of exploitation, making India a better place.

FAQs: Right against Exploitation