Right Against Exploitation

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Fundamental Right: Right Against Exploitation Presented By Manomay Shubham  Class 7B  Delhi Public School, Patna

Fundamental Rights  What are Fundamental Rights? Fundamental Rights are basic human rights enshrined or laid down in the Constitution of India which are guaranteed to all citizens. These rights are followed without any discrimination on the basis of race, religion, cast, gender etc. These are enshrined in Part III (Articles 12 to 35) of the Constitution of India. There are seven fundamental rights of the Indian Constitution along with the constitutional articles related to them.

Exploitation and Trafficking Exploitation implies the misuse of other's services by force or labour without payment. Trafficking involves in buying and selling of men and women for illegal and immoral activities.

Types of Exploitation Sexual Exploitation Labour Exploitation Domestic Servitude Forced Marriage Forced Criminality Child Soldiers Organ Harvesting

Right Against Exploitation ( Article 23-24 ) The Right Against Exploitation  prohibits all forms of forced labour, child labour and trafficking of human beings. Children under age of 14 are not allowed to work. Nothing in this article shall prevent the State from imposing compulsory service for public purposes (such as draft to armed forces). In imposing such service the State shall not make any discrimination on the ground of race, religion, caste or class or any of them.                                      

Article 23 Prohibition of trafficking of Human Beings and Forced Labour. One can't be forced to engage in labour against his/her will.  Article 23 protects citizens from not only State but also from private citizens. It makes human trafficking unconstitutional. It prevents labour without payment. Under Article 35 of the Constitution, the Parliament is authorized to enact laws to punish acts prohibited by Article 23. Bonded labour is when a person is forced to offer services out of a loan/debt that cannot be repaid. This article also makes ‘bonded labour’ unconstitutional. The State is obliged to protect citizens from these evils by taking punishable action against perpetrators of crimes and illegal act, and also take positive actions to abolish these evils from society.

Laws passed by Parliament in pursuance of Article 23

Article 24 Prohibits employment of children in any hazardous occupations such as mines, factories etc. Article 24 says 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.” This Article forbids the employment of children below the age of 14 in any hazardous industry or factories or mines, without exception. However, the employment of children in non-hazardous work is allowed. The health and strength of the of the workers, men and women and children are not abused and forced by economic necessity to get engaged in hazardous activities which not suit their age or strength.

Child Labour Child labour can be defined or explained as a practice where children are forced to engage or employed in any sort of economically beneficial activity on a part-time or a full-time basis. Children engaged in this are generally deprived of basic childhood experiences such as schooling and are physically and mentally scarred.  The primary reasons leading to Child Labour can be traced to poverty, lack of decent schooling and education and growth of the informal economy.

Laws passed by Parliament in pursuance of Article 24  

Description of Laws passed in pursuance of Article 24 The Factories Act, 1948 -    This was the first act passed after independence to set a minimum age limit for the employment of children in factories. The Act set a minimum age of 14 years. In 1954, this Act was amended to provide that children below the age of 17 could not be employed at night. The Mines Act, 1952 -  This Act prohibits the employment of people under the age of 18 years in mines.  

The Child Labour (Prohibition and Regulation) Act, 1986 -  This was a law to control the menace of child labour in India. It described that where and how children could be employed and where and how this was forbidden.   This Act designates a child as a person who has not completed his/her 14th year of age. The 1986 Act prohibits the employment of children in 13 occupations and 57 processes. Child Labour (Prohibition & Regulation) Amendment Act, 2016 -  This Act completely forbids the employment of children below 14 years of age. It also bans the employment of people between the ages of 14 and 18 in hazardous occupations and processes. This Act allows children to be employed in certain family occupations and also as artists.

Child Labour (Prohibition and Regulation) Amendment Rules, 2017 - The government notified the above Rules in 2017 to provide a broad and specific framework for prevention, prohibition, rescue, and rehabilitation of child and adolescent workers.  The Rules clarified on issues concerning the employment of family enterprises and also provides safeguards for artists in that the working hours and conditions are specified.