LECTURE 8.

2- FUNDAMENTAL RIGHTS (RIGHTS AGAINST EXPLOITATION) (Lecture 8)

RIGHTS AGAINST EXPLOITATION (Article 23 & 24)

(Article 23) (Article 24)
Prohibition of traffic in Human Beings and Prohibition of Employment of Children in
forced labour Factories, etc.

➢ Article 23- Prohibition of Traffic in Human Beings & Forced labour

o Article 23 (1)- Traffic of human beings by BEGAR (i.e. without pay) and other similar forms of forced labour
are prohibited and any contravention of this provision shall be an offence, punishable in accordance with
law
▪ Article 17 & Article 23 are similar in nature wrt:
→ Both prohibits & makes it a punishable offence
→ A Statutory Law is required to punish
▪ BEGAR system has been abolished
▪ For BEGAR, Minimum Wages Act 1976 is the one which makes it a punishable offence to practice
forced labour, bonded labour etc., and also trafficking in human beings is banned
▪ Trafficking in Human Beings means slave trade
▪ Slavery is prohibited by Article 23 (implicit prohibition; just like the case of implied Freedom of Press.
Nowhere mentioned, but it is implied) (vs USA, where it is expressly banned)
▪ Devadasi system is also banned
▪ Prohibition of Immoral Trafficking of Women Act, 1956 makes buying & selling of women for immoral
purposes, illegal
▪ Prostitution is under Freedom of Profession; whereas forced prostitution is illegal as it violates Article
23

o Article 23 (2)- Nothing in this article shall prevent the state from imposing compulsory service for public
purpose, and in imposing such service the state shall not make any discrimination on grounds only of
religion, race, caste or class or any of them
▪ Conscription System/ Compulsory Draft (usually in Israel, Egypt)- Compulsory military after 18 years
of age
▪ In India, there is voluntary army. However, conscription could be imposed as per this provision (also
a part of Fundamental Duties Article 51 (1)(d))

➢ Article 24- Prohibition of Employment of children in factories etc.*

o No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other
hazardous employment

o *Etc. signifies establishments with hazardous activities

o Previously, Britishers kept very general acts to protect children from employment like Factories Act 1881;
then Child Labour Prohibition Regulation Act 1986 was passed & when this law was passed, then
Employment of Children Act 1937 was repealed

o ECA 1937 was enacted to protect children from hazardous activities only; however, CLPR Act 1986 widened
the scope to other types of employment as well

o CLPR Act 1986 was enacted as a result of insertion of Article 39 (f) in 42nd CA, 1976; protection of children is
the duty of the sate

o CLPR Act defined the definition of Child to be <14 years of age (vs ECA 1937 <15 years of age). Medical
definition however is <5 years of age

o In 2012 Amendment, a clause was inserted that CLPR is not only for hazardous activities, it is also for non-
hazardous activities. This created huge problem as major child employment is in Agriculture which is usually
family owned

o So, in 2015 Amendment, it was provided that:

o Children cannot be employed in Hazardous activity
o Children cannot be employed in Non-hazardous activity, except:
▪ Family owned business, but only after school hours
▪ Media or Entertainment industry

o Further, SC directed the state that the responsibility of state is not only limited to protecting the child
physically, but also morally & mentally

o In Gaurav Jain vs Union of India 1992, SC held that state is responsible for overall development of child.
As a result, Child Development Centers were established, Juvenile Reform Homes were established; which
were directed at capacity building of the children

o In MC Mehta vs State of TN- which relates to employment of child labour in Firecracker Industry in
Sivakasi; SC held it to be gross violation of Article 24

o As per Children Rights Act 2005 amendment, Employment of a child as domestic servant is also prohibited

o In short, Article 17, Article 23 & Article 24 are similar in nature