Right Against Exploitation (Articles 23–24)
Indian Polity › Fundamental Rights · Topic 6.5
Articles 23 and 24 prohibit traffic in human beings, begar and forced labour, and the employment of children below 14 years in factories, mines and hazardous work. Article 23 also protects against private persons.
6 min read · UPSC Prelims · Polity · Fundamental Rights
At a Glance
- What it is The ban on traffic in human beings, begar and forced labour, and on employment of children in hazardous work
- Articles Article 23 and Article 24
- Available to Citizens and non-citizens; Article 23 also protects against private persons
- Key laws Immoral Traffic (Prevention) Act, 1956; Bonded Labour System (Abolition) Act, 1976; Child and Adolescent Labour Act, 1986
- Exam link UPSC Prelims, Polity: Fundamental Rights
Where Does It Fit?
This is the fifth topic of the category on Fundamental Rights. After the Right to Freedom, the Constitution lists the Right against Exploitation. It has only two Articles and aims at the dignity of the weak, whether adults forced into labour or children made to work.
Article 23: Traffic in Human Beings and Forced Labour
Article 23 prohibits traffic in human beings, begar (forced labour) and other similar forms of forced labour. Any contravention is an offence punishable in accordance with law. The right is available to both citizens and non-citizens, and it protects the individual not only against the State but also against private persons.
The expression “traffic in human beings” includes selling and buying of men, women and children like goods; immoral traffic in women and children, including prostitution; devadasis; and slavery. To punish these acts Parliament has enacted the Immoral Traffic (Prevention) Act, 1956.
What Is Begar and Forced Labour?
The term begar means compulsory work without remuneration. It was a peculiar Indian system under which local zamindars sometimes forced their tenants to render services without payment. Article 23 also prohibits other similar forms of forced labour like bonded labour. Forced labour means compelling a person to work against his or her will. The word “force” includes not only physical or legal force but also the force of economic circumstances, such as working for less than the minimum wage.
| Law | Purpose |
|---|---|
| Bonded Labour System (Abolition) Act, 1976 | Abolishes bonded labour |
| Minimum Wages Act, 1948 | Prevents work below the minimum wage |
| Contract Labour Act, 1970 | Regulates contract labour |
| Equal Remuneration Act, 1976 | Equal pay for equal work for men and women |
Article 23 has an exception. The State may impose compulsory service for public purposes, such as military service or social service, without being bound to pay. In imposing such service, the State cannot discriminate on grounds only of religion, race, caste or class.
Article 24: Employment of Children in Factories
Article 24 prohibits the employment of children below the age of 14 years in any factory, mine or other hazardous activity like construction work or railway. It does not prohibit their employment in harmless or innocent work. The most important law is the Child Labour (Prohibition and Regulation) Act, 1986. Other laws that prohibit the employment of children below a certain age include the Employment of Children Act 1938, the Factories Act 1948, the Mines Act 1952, the Merchant Shipping Act 1958, the Plantation Labour Act 1951, the Motor Transport Workers Act 1951, the Apprentices Act 1961 and the Bidi and Cigar Workers Act 1966.
In 1996 the Supreme Court directed the setting up of a Child Labour Rehabilitation Welfare Fund, in which the offending employer should deposit a fine of Rs 20,000 for each child employed, and issued directions for the improvement of education, health and nutrition of children. The Commissions for Protection of Child Rights Act, 2005 provides for a National Commission and State Commissions and for Children’s Courts. In 2006 the government banned the employment of children as domestic servants or workers in hotels, dhabas, restaurants, shops, factories, resorts, spas and tea-shops. The Child Labour (Prohibition and Regulation) Amendment Act, 2016 renamed the 1986 Act as the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.
How Are Articles 23 and 24 Enforced?
Both Articles are Fundamental Rights and can be enforced through the Supreme Court under Article 32 and the high courts under Article 226. Article 35 gives Parliament, and not the state legislatures, the power to make laws prescribing punishment for traffic in human beings and forced labour, so that the punishment is uniform across India. Parliament is also required to make such laws.
Why Is This Topic Important?
- Social justice The right protects the most vulnerable from economic coercion
- Reaches private persons Article 23 is one of the few rights against private individuals
- Law-linked questions The statutes attached to each Article are frequently asked
What Came Next?
The next topic covers the Right to Freedom of Religion under Articles 25 to 28.
Key People and Terms
- Begar Compulsory work without payment
- Forced labour Compelling a person to work against his or her will, including by economic compulsion
- Bonded labour A form of forced labour covered by Article 23
- Devadasi A form of immoral traffic named in the traffic in human beings
- Hazardous work Work in factories, mines, construction or railway that is barred for children
Exam Corner
Points to Remember
- Article 23: citizens and non-citizens, also against private persons.
- Article 24: children below 14 years, in factory, mine or hazardous work.
- Exception in Article 23: compulsory service for public purposes without discrimination.
- The 2016 Act renamed the 1986 law as the Child and Adolescent Labour Act.
Do Not Confuse With
- Begar and bonded labour Begar is unpaid compulsory work; bonded labour is a similar form tied to debt
- Article 24 and Article 21A Article 24 bars hazardous child work; Article 21A gives free education
- Fundamental Right and statute The Constitution prohibits; Parliament’s Acts prescribe punishment
Memory Hook
Twenty-three frees the adult from forced work; twenty-four keeps the child out of danger.
Mains Angle
Questions on this topic usually ask about forced and child labour. Use these points to add depth.
- Reach against private persons Article 23 protects against private employers as well as the State
- Economic compulsion Working for less than the minimum wage is treated as forced labour
- Legal framework Acts on bonded labour, child labour and wages give effect to the rights
- Public purpose exception Compulsory service is allowed without discrimination
A Question You May Face
An original practice question, not a past paper question.
“Discuss how the Constitution and laws address forced labour and child labour in India.”
How to Answer
- Introduction Articles 23 and 24.
- Forced labour Begar, bonded labour and economic compulsion with the laws.
- Child labour Article 24 and the 1986 Act as amended in 2016.
- Conclusion Rights need enforcement and rehabilitation.
GS Relevance
Frequently Asked Questions
What does Article 23 prohibit?
Article 23 prohibits traffic in human beings, begar and other similar forms of forced labour. Any contravention is an offence punishable by law, and the right is available to citizens and non-citizens and against private persons as well as the State.
What is meant by begar?
Begar means compulsory work without remuneration. It was a peculiar Indian system under which local zamindars sometimes forced their tenants to render services without payment. Article 23 prohibits it, along with bonded labour and other similar forced labour.
Does Article 23 allow any compulsory service?
Yes. The State may impose compulsory service for public purposes, such as military service or social service, without being bound to pay. In doing so it cannot discriminate on grounds only of religion, race, caste or class.
What does Article 24 say about child labour?
Article 24 prohibits the employment of children below 14 years in any factory, mine or other hazardous activity like construction work or railway. It does not prohibit their employment in harmless or innocent work. Parliament has made several Acts to give effect to this Article.
Which is the main law on child labour?
The Child Labour (Prohibition and Regulation) Act, 1986. The Amendment Act of 2016 renamed it as the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986. Other Acts such as the Factories Act and the Mines Act also set minimum ages.
Which law punishes immoral traffic in human beings?
The Immoral Traffic (Prevention) Act, 1956, enacted by Parliament, punishes traffic in human beings. The term covers selling and buying of persons, immoral traffic in women and children including prostitution, devadasis and slavery, all of which are offences.
PYQ Practice — Statement Analysis
1 Article 23 protects an individual only against the State.
It also protects against private persons.
2 Article 24 prohibits employment of children below 14 years in hazardous work.
It includes factories, mines and activities like construction or railway.
3 Begar means compulsory work with remuneration.
It means compulsory work without remuneration.
4 The Bonded Labour System (Abolition) Act was enacted in 1976.
It gives effect to Article 23.
5 The State cannot impose any compulsory service for public purposes under Article 23.
It can, for example military service, without discrimination.
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