Right against exploitation
Also called: Articles 23-24 · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Class 7, Ch 9 "From the Rulers to the Ruled: Types of Governments"; Class 7, Ch 10 "The Constitution of India: An Introduction"; Class 9, Ch 6 "Democracy"; Class 11, Ch 2 "Rights in the Indian Constitution"; Class 11, Ch 6 "Judiciary"
Meaning
The right against exploitation is a group of two fundamental rights, Articles 23 and 24. Article 23 bans traffic in human beings (buying and selling people), begar and other forced labour. Article 24 bars employing children below 14 in factories, mines or hazardous work. Both rights can be enforced against private persons, not only the State. This matters because employers, landlords and moneylenders are often the ones who exploit people.
Example
In the Asiad workers case (1982), the Supreme Court held that paying workers below the minimum wage is forced labour under Article 23. In Bandhua Mukti Morcha (1984), it dealt with bonded labourers in brick kilns.
Don't confuse with
- Right to freedom (Articles 19-22): these rights mostly protect people against the State. Articles 23 and 24 also bind private persons.
Related concepts
- Prohibition of traffic in human beings and forced labour
- Begar
- Asiad workers case
- Bonded labour
- Bonded Labour System (Abolition) Act 1976
- Prohibition of child labour
- Right to education
- 86th Constitutional Amendment Act 2002
- Unni Krishnan case
- Right of Children to Free and Compulsory Education Act 2009