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.

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.

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.

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