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  • Right against Exploitation — Articles 23 & 24 (Concise Guide + MCQs)

    Right against Exploitation — Articles 23 & 24 (Concise Guide)

    Polisphere • BA/MA Notes • Updated

    Introduction

    The Right against Exploitation protects human dignity by forbidding human trafficking, begar (unpaid, forced labour), and similar forms of coerced work, and by prohibiting child labour in factories, mines, and other hazardous employment. These guarantees operate not only against the State but also against private individuals, creating a strong shield against everyday exploitation.

    Core Principles: No person is treated as property; no labour is extracted by coercion; children are kept away from hazardous work; offenders are penalised and victims are rehabilitated.

    Article 23 — Prohibition of Human Trafficking, Begar, and Forced Labour

    Article 23 forbids human trafficking, begar, and other forms of forced labour, and makes their violation a punishable offence. It also applies horizontally—against private persons—so that exploitation in farms, factories, homes, or the informal economy can be challenged directly.

    • Human trafficking (sale/transport/harbouring for exploitation) is outlawed.
    • Begar—work extracted without payment—or work under coercion, threat or undue pressure is forbidden. Payment below statutory minimum wage can amount to forced labour in effect.
    • Compulsory service for public purposes may be imposed by law, but without discrimination on religion, race, caste, class or the like.
    • Victims are identified, released, and rehabilitated through statutory schemes and court directions.
    Core Principles (Art. 23): Work must be freely chosen and fairly paid; coercion, trafficking, and bonded labour are crimes; equality norms govern any compulsory public service.

    Article 24 — Prohibition of Child Labour in Hazardous Employment

    Article 24 prohibits employment of children below 14 years in factories, mines, and other hazardous occupations. Protective legislation, inspections, and penal provisions are used to curb child labour, while education and rehabilitation measures help children move into safe, age-appropriate environments.

    • The focus is on keeping children away from dangerous processes and places of work.
    • Teenage workers (14–18) are regulated with stricter safety norms under labour laws.
    • Education, health, and social protection schemes complement enforcement.
    Core Principles (Art. 24): Children are kept out of harm’s way; hazardous work is off-limits; violations invite penalties and rescue-rehabilitation.

    Key Laws & Enforcement (at a glance)

    • Bonded Labour System (Abolition) Act, 1976 — abolishes bonded labour; release, rehabilitation and penalties.
    • Minimum Wages & wage codes — ensure payment at or above the statutory floor; underpayment can indicate forced labour.
    • Child and Adolescent Labour (Prohibition & Regulation) law — bans child labour under 14 in hazardous work; regulates adolescent work with safety norms.
    • Factories & Mines laws — occupational safety and inspection frameworks; no child workers in prohibited settings.
    • Immoral Traffic (Prevention) Act & allied criminal provisions — address trafficking and exploitation rings.

    Landmark Cases (reference)

    • People’s Union for Democratic Rights (ASiad) v. Union of India — paying below minimum wages amounts to forced labour.
    • Sanjit Roy v. State of Rajasthan — even on relief works, less than minimum wage is impermissible.
    • Bandhua Mukti Morcha v. Union of India — identification, release and rehabilitation of bonded labourers directed.
    • Neeraja Chaudhary v. State of M.P. — rehabilitation is part of the State’s obligation after release.
    • M.C. Mehta v. State of Tamil Nadu — directions for elimination of child labour and for education/rehabilitation.

    Quick Points

    • ✅ Art. 23 bans trafficking, begar and forced labour; it applies against private persons too.
    • ✅ Paying below minimum wage can be treated as forced labour in substance.
    • ✅ Compulsory public service may be imposed by law, but never with discriminatory selection.
    • ✅ Art. 24 keeps children (under 14) out of factories, mines and hazardous work; adolescents face strict regulation.
    • ✅ Rescue, rehabilitation and penalties go hand-in-hand with inspections and social welfare measures.

    MCQ Practice — Right against Exploitation

    1. Which Articles compose the Right against Exploitation?

      1. Articles 21 & 22
      2. Articles 23 & 24
      3. Articles 19 & 20
      4. Articles 25 & 26
    2. Article 23 forbids which of the following?

      1. Only human trafficking
      2. Only begar
      3. Human trafficking, begar and other forms of forced labour
      4. Only unpaid work by volunteers
    3. Article 23 is enforceable against:

      1. Only the State
      2. Only corporations
      3. Both the State and private individuals
      4. International organisations only
    4. Compulsory service for public purposes under Art. 23 can be valid if:

      1. It is imposed by law and is non-discriminatory
      2. It is imposed by any private employer
      3. It excludes judicial oversight
      4. It permits payment below minimum wages
    5. Which statement best reflects the ASIAD (PUDR) case?

      1. Child labour is always permitted if parents consent
      2. Payment below the statutory minimum wage can amount to forced labour
      3. Right against exploitation applies only during emergencies
      4. Preventive detention is unconstitutional
    6. Article 24 prohibits the employment of children below 14 years in:

      1. Any form of work, including chores at home
      2. Factories, mines and other hazardous occupations
      3. Only agricultural work
      4. Only office-based work
    7. Which of the following is not consistent with Art. 23?

      1. Community service required by a valid law without discrimination
      2. Taking fingerprints of an arrested person
      3. Forcing migrant workers to work to recover recruitment fees
      4. Paying standard minimum wages on a public works programme
    8. Bandhua Mukti Morcha case primarily dealt with:

      1. Police reforms
      2. Bonded labour and rehabilitation
      3. Election disqualifications
      4. Freedom of the press
    9. Under the constitutional scheme, minimum wage laws support Art. 23 because they:

      1. Authorise underpayment during emergencies
      2. Provide a lawful floor so that underpayment does not coerce labour
      3. Allow private contracts to waive wages
      4. Replace criminal law entirely
    10. Article 24 works most closely with which other constitutional right?

      1. Art. 25 (Freedom of religion)
      2. Art. 21A (Right to education)
      3. Art. 32 (Right to constitutional remedies)
      4. Art. 18 (Abolition of titles)
    11. Which statement about adolescents (14–18) is correct?

      1. They can be freely employed in any hazardous occupation
      2. They are regulated by labour safety laws and barred from hazardous processes
      3. They are treated the same as children under 14 in all contexts
      4. They have no workplace protections
    12. Neeraja Chaudhary v. State of M.P. emphasised:

      1. Only release from bondage
      2. Only punishment to employers
      3. Rehabilitation of released bonded labourers as a State duty
      4. No role for the judiciary

    Answer Key:

    1–B • 2–C • 3–C • 4–A • 5–B • 6–B • 7–C • 8–B • 9–B • 10–B • 11–B • 12–C
    Notes: PUDR/ASIAD treats sub-minimum wages as forced labour (Q5). Art. 23 applies horizontally (Q3). Art. 24 aligns with Art. 21A on education (Q10). Adolescents face tighter regulation and are barred from hazardous processes (Q11). Neeraja Chaudhary stresses rehabilitation (Q12).

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  • Right to Freedom — Articles 19 to 22 (Concise Guide)

    Right to Freedom — Articles 19 to 22 (Concise Guide)

    Polisphere • BA/MA Notes • Updated

    Introduction

    Articles 19 to 22 shape India’s freedom architecture. These provisions secure expressive, associational, and movement freedoms; protect individuals in the criminal process; preserve life and personal liberty through fair procedure; and safeguard arrestees and detainees. In practice, each freedom is exercised in balance with public interests defined by law.

    Core Principles: Freedoms are granted and exercised within a constitutional order. Reasonable, law-made limits are permitted where sovereignty, security, public order, decency/morality, others’ rights, and justice are at stake.

    Article 19 — Six Freedoms & Their Limits

    Article 19(1) confers six freedoms on citizens. These freedoms are exercised so that individuals speak, assemble, associate, move, reside, and carry on occupations with dignity. Clauses 19(2)–(6) then specify when and how the State may impose reasonable restrictions by law.

    • Speech & expression (19(1)(a)) is exercised freely; however, laws may restrict it for India’s sovereignty & integrity, State security, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation, or incitement to an offence.
    • Peaceful assembly without arms (19(1)(b)) is used for protest and civic engagement; reasonable time–place–manner limits may be imposed for public order.
    • Association / union / co-operative societies (19(1)(c)) is exercised to form groups; unlawful or violent associations may be restricted.
    • Movement throughout India (19(1)(d)) is exercised broadly; restrictions may protect public interest or Scheduled Tribes’ distinct ecology and culture (19(5)).
    • Residence anywhere in India (19(1)(e)) is exercised subject to similar protective limits as movement (19(5)).
    • Profession / occupation / trade / business (19(1)(g)) is pursued freely; licensing, reasonable regulation, professional/technical qualifications, and even State monopolies may be created by law (19(6)).

    In sum, the doctrine of reasonable restrictions ensures that liberty and legitimate public interests are kept in balance.

    Core Principles (Art. 19): Liberty is not licence; limits must be law-made, reasonable, and purpose-linked—never arbitrary or disproportionate.

    Article 20 — Protections in Respect of Conviction for Offences

    Article 20 protects accused persons against ex post facto criminal laws, double jeopardy, and compelled self-incrimination. The criminal process is kept fair by ensuring that punishment follows pre-existing law, that a person is not tried or punished twice for the same offence, and that testimonial compulsion is not used against them.

    • No ex post facto punishment: a later law is not used to punish a past act that was not an offence then, nor to impose a heavier penalty retrospectively.
    • No double jeopardy: a person is not prosecuted and punished twice for the same offence; parallel civil/disciplinary action is distinct.
    • No compelled self-incrimination: an accused is not forced to provide testimonial evidence against oneself; identification like fingerprints/DNA is generally treated as physical evidence, not testimony.

    Core Principles (Art. 20): Punishment follows pre-existing law; prosecution is once for the same offence; testimony is voluntary, not coerced.

    Article 21 — Protection of Life and Personal Liberty

    No person is deprived of life or personal liberty except according to procedure established by law. After judicial development, that procedure must be just, fair, and reasonable—not arbitrary, fanciful, or oppressive. Under Article 21, a rich constellation of derivative rights has been recognised to preserve human dignity.

    • Fair, just, and reasonable procedure is followed before curtailing liberty; arbitrary detention is impermissible.
    • Dignified life includes rights such as privacy, legal aid, speedy trial, livelihood, shelter, and a clean environment.
    • Travel and mobility interests (e.g., to go abroad) are protected subject to fair procedure and law.

    Core Principles (Art. 21): Liberty may be curtailed only by fair law and fair process, and human dignity remains the organising value.

    Article 22 — Safeguards Against Arrest and Detention

    Article 22 requires that a person who is arrested is informed of the grounds of arrest, is allowed to consult and be defended by a legal practitioner of their choice, and is produced before the nearest magistrate within 24 hours (excluding travel). Detention beyond 24 hours needs judicial authorisation. Special rules apply to preventive detention, which is permitted only under law with structured safeguards.

    • Grounds of arrest are communicated and reasonable opportunity to prepare a defence is given.
    • Production before a magistrate within 24 hours is mandatory; continued custody requires judicial order.
    • In preventive detention, grounds are communicated as soon as possible and representation is enabled; an Advisory Board reviews continued detention, usually within a prescribed period.
    • Certain exceptions apply (e.g., enemy aliens; specific emergency contexts as defined by law).

    Core Principles (Art. 22): Inform, present, review—arrest and detention must pass through legal notice, judicial oversight, and independent scrutiny.

    Landmark Cases (for reference)

    • Maneka Gandhi v. Union of India (1978) — links Arts. 14, 19, 21; procedure must be fair, just, reasonable.
    • Shreya Singhal v. Union of India (2015) — speech protection; vague/overbroad restrictions struck down.
    • Kharak Singh v. State of UP (1963) & K.S. Puttaswamy (2017) — privacy recognised and affirmed as a fundamental right.
    • D.K. Basu v. State of West Bengal (1997) — arrest/detention guidelines to curb custodial violence.
    • Kedar Nath Singh v. State of Bihar (1962) — narrow reading of sedition to protect legitimate speech.

    Quick Points

    • ✅ Article 19 gives six citizen freedoms; limits must be law-made and reasonable.
    • ✅ Article 20 prevents retroactive punishment, double jeopardy, and coerced testimony.
    • ✅ Article 21 requires fair law and fair process; dignity anchors derived rights.
    • ✅ Article 22 mandates grounds, counsel, 24-hour production, and review; preventive detention is tightly regulated by law.

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  • Understanding Shadgunya Niti: Kautilya’s Strategic Model




    Introduction



    Kautilya (Chanakya) was not merely a master of economics but also a profound thinker in politics, diplomacy, and warfare. In his seminal work Arthashastra, he laid down deep and strategic principles of statecraft and diplomacy. Among these, the concept of Shadgunya Niti (Shad = six, Guna = traits or strategies) stands out as a highly practical and flexible foreign policy doctrine.

    This doctrine guides a ruler or state on how to respond strategically in times of crisis or opportunity.


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    Meaning of Shadgunya Niti



    The term Shadgunya literally means “six types of strategic policies.” These strategies form the foundation of foreign and war policy in Kautilyan thought. According to Kautilya, a wise ruler must assess the situation and choose the most suitable policy from among the six. This choice reflects the king’s diplomatic acumen and political intelligence.


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    The Six Policies of Shadgunya Niti



    1. Sandhi (Treaty / Peace Agreement)

    This policy is adopted when the ruler faces a more powerful enemy and wants to avoid direct conflict. The aim of Sandhi is to temporarily or permanently avert war and buy time to regroup or build strength.

    As Kautilya states:

    > “When a king is weak and defeat in direct battle seems likely, forming a treaty is the wise choice.”




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    2. Vigraha (War / Hostility)

    Vigraha means openly declaring war. This policy is used when the ruler believes he is stronger than the enemy and confident of victory.

    Kautilya advises:

    > “Do not make peace with the wicked. Wage war only when your troops, intelligence network, and allies are strong.”




    —

    3. Yana (Marching / Strategic Advance)

    This policy involves mobilizing military forces—either to attack, assert dominance, or apply pressure. It is a proactive and aggressive move that serves as a psychological tactic and a show of power.

    Yana is used when the king prepares for the future and explores enemy intentions or weaknesses.


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    4. Asana (Neutrality / Passive Observation)

    In this strategy, the ruler neither goes to war nor signs a treaty. He simply waits and observes. This is akin to a “watch and wait” approach in diplomacy.

    Kautilya recommends Asana when the situation is unclear or when the enemy’s intentions or strength are uncertain. It requires patience, timing, and keen observation.


    —

    5. Dvaidhibhava (Dual Policy / Mixed Strategy)

    This is a sophisticated strategy involving duplicity. On one hand, the ruler pretends friendship (e.g., signing a treaty), while on the other, he secretly prepares for war or sabotage. It’s a balancing act between cooperation and confrontation.

    Kautilya describes it as:

    > “Holding a garland in one hand and a sword in the other—that is Dvaidhibhava.”




    —

    6. Samashraya (Seeking Shelter / Strategic Subordination)

    When a state becomes extremely weak and unable to defend itself, it may choose to seek protection under a more powerful ally or empire. This is not surrender, but a calculated act of survival.

    Kautilya does not see this as disgraceful but rather as a strategic compromise, because survival can lead to a future opportunity to regain strength.


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    Practical Nature of Shadgunya Niti



    Kautilya’s Shadgunya Niti is not based on rigid rules but on flexible and dynamic decision-making. The ruler must analyze his strength, time, geographical context, the enemy’s capability, and overall political climate before choosing a policy.

    For example:

    If the king is weak, he should opt for Sandhi or Samashraya.

    If he is strong, Vigraha or Yana are suitable.

    If the situation is ambiguous, Asana or Dvaidhibhava are preferable.


    This policy model reflects a situation-specific and adaptive diplomatic strategy rather than a one-size-fits-all approach.


    —

    Relevance in Modern International Relations

    • Even today, elements of Shadgunya Niti can be observed in global politics:
    • Sandhi – India and China signing treaties to avoid escalation.
    • Vigraha – Russia’s war with Ukraine.
    • Yana – The U.S. displaying military power in the Indo-Pacific.
    • Asana – India’s ‘Wait and Watch’ approach in volatile international crises.
    • Dvaidhibhava – Pakistan’s duplicitous policy with the West and terror groups.
    • Samashraya – Smaller nations depending on superpowers like the U.S. or China for survival or economic aid.
    • This proves that Kautilya’s doctrine is not confined to ancient India but remains eternally relevant and applicable to modern diplomacy and international strategy.

     

    Conclusion

    The Shadgunya Niti (The Doctrine of Six Measures) is a brilliant example of Kautilya’s strategic wisdom. It moves beyond binary thinking—such as war versus peace—and introduces a multi-dimensional and flexible framework for political and diplomatic response.

    It reflects his realistic, context-sensitive, and pragmatic understanding of statecraft, power, and diplomacy.

    The core message of this doctrine is:

    “Politics is not a linear battlefield—it is a chessboard of constantly shifting moves and responses.”