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Article 23 & 24 | RIGHT AGAINST EXPLOITATION | UPSC Polity Notes

Article 23(1): Bans 3 main things: Traffic in human beings – selling and buying people like objects. Begar – forced work without any payment
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🟥 ARTICLE 23-24 – RIGHT AGAINST EXPLOITATION

✅ Title: Prohibition of Traffic in Human Beings and Forced Labour

Part of Fundamental Rights (Article 23 of Indian Constitution)
Applies to: Citizens + Non-citizens (everyone in India)

🔹 🔸 What does Article 23 say?

🔹 Article 23(1):

  • Bans 3 main things:

    1. Traffic in human beings – selling and buying people like objects.

    2. Begar – forced work without any payment.

    3. Other similar forms of forced labour – like bonded labour or slavery.

  • Any person doing these acts will be punished under law (as per second part of Article 23(1)).

🔹 Article 23(2):

  • Allows State (Government) to impose compulsory service for public purpose, such as:

    • Military duty

    • Community/social service (e.g. during floods, pandemics)

    But: No one should be selected based only on religion, race, caste, or class. (No discrimination allowed.)

🔸 What is “Traffic in Human Beings”?

It means:

  • Buying and selling of men, women, and children.

  • Prostitution or immoral trafficking – like forcing women or children into sex trade.

  • Slavery (Even though word not used in Constitution, it's included in this term).

  • Devadasi system – girls "married" to deities but then forced into sexual slavery.

🔹 Laws made to stop trafficking:

✅ Immoral Traffic (Prevention) Act, 1956

  • Earlier called Suppression of Immoral Traffic in Women and Girls Act, 1956.

  • It punishes those involved in human trafficking or exploitation of women and children.

🔸 What is “Begar”?

  • It means forcing someone to work without paying them, especially common in old India.

  • For example: Zamindars (landlords) used to force farmers to do unpaid work.

🔸 What is “Other Similar Forms of Forced Labour”?

Includes:

  • Bonded Labour – work done to repay debt, often lifelong without freedom.

  • Forced Labour – any work done against a person’s will.

And “force” doesn't mean only beating or threats:

  • It also includes economic pressure.
    ➤ If someone has no option but to work for less than minimum wage, that is also forced labour.

🔹 Laws to stop forced labour:

  1. Bonded Labour System (Abolition) Act, 1976

  2. Minimum Wages Act, 1948

  3. Contract Labour (Regulation & Abolition) Act, 1970

  4. Equal Remuneration Act, 1976 (equal pay for men & women)

🔸 Article 23 protects you from whom?

  • Not just government — it also stops private individuals or companies from exploiting you.

  • This means even a private factory owner or landlord cannot force you to work without pay.

🔸 Positive duty on the State:

👉 The government has a positive duty to:

  • Actively stop traffic, begar, and forced labour wherever it exists.

  • Make laws and take action to end exploitation.

🔸 UPSC Important Extra Info: Begging Laws in India

✅ Begging is a crime in:

  • 20 States and 2 Union Territories

❗ But here's the problem:

  • No central law on begging or destitution.

  • Most states follow: Bombay Prevention of Begging Act, 1959

🔍 Landmark Case: Ram Lakhan v. State

What Supreme Court said:

  • Court analysed beggars’ situation from legal, social, and ethical angle.

Court identified 4 types of beggars:

  1. People who are just lazy and don’t want to work.

  2. Addicts (alcohol or drugs).

  3. Those forced by a beggary gang.

  4. Starving, helpless people with no choice.

Judgment:

  • People in Category 3 and 4 are not criminals, but victims of poverty.

  • Forcing punishment on them violates:

    • Article 14 – Right to Equality

    • Article 21 – Right to Life and Personal Liberty

    • Article 19 – Freedom of Expression (since begging includes expression of distress)

So, the Court said:

  • State must help the poor, not punish them.

  • Poverty is not a crime. Government has a responsibility under Article 21 to provide a dignified life.

✅ Summary Table (for Quick Revision):

🔑 Point 📝 Simple Explanation
Article 23 bans Human trafficking, begar, forced & bonded labour
Protects Everyone – Indians and foreigners
Against Government & private people both
Punishment Violation is a criminal offence
Govt. can impose Compulsory service for public good (but no discrimination)
Laws made Immoral Traffic Act, Minimum Wages Act, Bonded Labour Act, etc.
Positive duty Govt must stop exploitation where found
Begging law issue Begging is criminalised in many states; no central law
Ram Lakhan case Court protected poor beggars under Articles 14, 19, and 21

📝 For UPSC Answer Writing:

You can frame answers around:

  • Constitutional morality

  • Human dignity

  • State’s role in welfare

  • Judicial activism (like in Ram Lakhan case)

  • Link it to SDGs (Sustainable Development Goals) like:

    • SDG 8 (Decent Work)

    • SDG 1 (No Poverty)

    • SDG 10 (Reduced Inequalities)

🟥 ARTICLE 24 – Prohibition of Employment of Children in Factories etc.

👉 This Article is a Fundamental Right that aims to protect children from being forced into dangerous or unhealthy jobs.

🔹 What does Article 24 say?

“No child below the age of 14 years shall be employed in any factory, mine, or any other hazardous occupation.”

✅ Simple meaning:

  • Children under 14 years cannot work in:

    • Factories

    • Mines

    • Hazardous work (like construction, railway yards, fireworks industry, etc.)

❗ But does it ban all work?

➡️ No.

  • Harmless or safe work is not banned (like helping family in a small shop or acting as a child artist in films).

  • This flexibility is needed in India’s socio-economic context, especially rural areas.

🏛️ Why is this Article important?

  • For public health and safety of children.

  • Children are future of the country, so we must protect their body, mind, and dignity.

📜 Link to Directive Principles (Article 39 – Part IV):

Article 39 says that the health and strength of workers (including children) should not be abused.
Also, people should not be forced to do work that is not suitable for their age or strength, even if they are poor.

So, Article 24 + Article 39 together promote child welfare.

🛑 Important Laws Passed to Enforce Article 24

Let’s go through them one by one:

1️⃣ Factories Act, 1948

  • ✅ First law after independence to fix a minimum age for factory work.

  • ❌ Banned children below 14 from working in factories.

  • 🔄 In 1954, it was amended to say:

    • Children below 17 cannot work at night.

2️⃣ Mines Act, 1952

  • ❌ Prohibits anyone under 18 years from working in mines.

  • Why? Mines are dark, deep, and dangerous – unsafe for young people.

3️⃣ Child Labour (Prohibition and Regulation) Act, 1986

  • 🚨 This was a landmark act made to fight child labour.

  • Defined “child” as below 14 years.

  • ❌ Banned children in 13 types of jobs and 57 types of processes (like matchstick factories, carpet weaving, etc.)

  • Also regulated working hours and conditions for non-hazardous work.

4️⃣ Child Labour (Prohibition and Regulation) Amendment Act, 2016

  • ✅ Renamed the 1986 Act as:
    Child and Adolescent Labour (Prohibition and Regulation) Act, 1986

Key points:

  • ❌ Completely bans children below 14 from all jobs, including homes and shops.

  • ❌ Bans adolescents (14 to 18 years) from hazardous jobs.

  • ✅ Allows children to:

    • Help in family business (after school hours).

    • Work as artists (like in acting, singing) – but with safety rules.

  • 🚔 Made punishments stricter for employers.

    • RIGHT AGAINST EXPLOITATION

5️⃣ Child Labour (Prohibition and Regulation) Amendment Rules, 2017

  • 🧾 These rules added detailed guidelines for:

    • Prevention of child labour.

    • How to rescue and rehabilitate child/adolescent workers.

  • Clarified:

    • What is allowed in family work.

    • Rules for child artists (e.g., working hours, education should not be disturbed).

🧑‍⚖️ Supreme Court’s Major Judgment – 1996

📌 What Court said:

  • Ordered creation of Child Labour Rehabilitation Welfare Fund.

    • ❗ Employers caught hiring children must pay ₹20,000 per child as penalty.

  • Directed government to:

    • Improve education

    • Improve health

    • Improve nutrition of children

✅ This judgment added accountability to the government + punishment to violators.

🧑‍⚖️ Institutional Setup

✅ Commissions for Protection of Child Rights Act, 2005

  • This Act created:

    • National Commission for Protection of Child Rights (NCPCR)

    • State Commissions

    • Children’s Courts – for quick justice in child rights violation cases

❗ 2006 Ban on Child Labour in Domestic Work

  • ❌ Govt. banned employment of children under 14 in:

    • Homes (domestic help)

    • Hotels, shops, dhabas, tea stalls, spas, factories, etc.

  • ⚠️ Said such employers would face prosecution and punishment.

🔍 Summary Table for Quick Revision:

🔑 Key Point ✅ Explanation
Article 24 Bans employment of children <14 in factories, mines, or hazardous jobs
Harmless work? Allowed (like family work, acting – with rules)
Directive Principle Link Article 39 – Children’s health and strength must not be abused
Factories Act, 1948 Set age 14 as minimum; no night work for <17
Mines Act, 1952 No person <18 can work in mines
CLPRA Act, 1986 Defined child (<14); banned 13 jobs and 57 processes
Amendment Act, 2016 Total ban on <14; banned 14–18 in hazardous jobs
Rules, 2017 Detailed rules for family work & child artists
SC Judgment 1996 Fines for child labour, ordered child welfare schemes
NCPCR Act, 2005 Setup Commissions & Children’s Courts
Ban in 2006 Children <14 banned from working in hotels, homes, dhabas, etc.

📝 UPSC Notes:

Use these for Mains GS2 / Essay / Ethics:

  • Article 24 is about social justice, child rights, and dignity.

  • Supports Right to Education (Article 21A) indirectly.

  • Link it to SDGs:

    • SDG 4: Quality Education

    • SDG 8: Decent Work

    • SDG 16: Justice and Strong Institutions

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