Right Against Exploitation — [Part III: Articles 23 & 24]

1. Introduction #

The Right against Exploitation is a humanitarian guarantee in Part III of the Constitution.
It aims to eliminate all forms of human exploitation arising from poverty, social inequality, or coercion.
Articles 23 and 24 give legal expression to the ideals of dignity of labour and freedom from servitude.

“Human dignity cannot coexist with forced labour or child exploitation.” — Justice P. N. Bhagwati

2. Article 23 — Prohibition of Forced Labour #

2.1. Text #

“Traffic in human beings and begar and other similar forms of forced labour are prohibited, and any contravention shall be an offence punishable by law.”

2.2. Scope and Meaning #

Thus, Article 23 protects citizens and non-citizens alike and applies against both the State and private individuals.

2.3. Judicial Interpretation #

(i) People’s Union for Democratic Rights (PUDR) v. Union of India #

(1982 AIR SC 1473 — “ASiad Workers’ Case”)

Facts:
Workers employed in the Asian Games construction were paid less than the statutory minimum wage.

Issue:
Does payment below minimum wage amount to “forced labour” under Article 23?

Rule:
“Force” includes economic compulsion — labour rendered under poverty or helplessness is forced.

Application:
Non-payment of minimum wages violates human dignity.

Conclusion:
Held unconstitutional; non-payment of minimum wages = forced labour under Article 23.

(ii) Sanjit Roy v. State of Rajasthan (1983 AIR SC 328) #

Wages below the statutory minimum for famine-relief workers amount to forced labour even during emergencies.

Held: Article 23 applies irrespective of the nature of work or situation.

2.4. Legislative Support #

• Bonded Labour System (Abolition) Act, 1976

• Suppression of Immoral Traffic in Women and Girls Act, 1956 (now ITPA 1956)

3. Article 24 — Prohibition of Employment of Children #

3.1. Text #

“No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment.”

3.2. Purpose #

• To ensure physical, moral, and intellectual development of children.

• Complements the Right to Education (Article 21-A) and Directive Principles (Articles 39(e) & (f)).

3.3. Judicial Interpretation #

(i) M. C. Mehta v. State of Tamil Nadu (1996 AIR SC 699) #

Facts:
Child labourers employed in match and fireworks industries in Sivakasi.

Issue:
Whether the State is constitutionally bound to prevent child labour and rehabilitate victims.

Rule:
Article 24 absolutely prohibits hazardous employment of children; rehabilitation is a constitutional obligation.

Application:
Court directed closure of hazardous units employing children and ordered establishment of Child Labour Rehabilitation Welfare Fund.

Conclusion:
Comprehensive directions issued to eradicate child labour and provide education to rescued children.

(ii) Bandhua Mukti Morcha v. Union of India (1984 AIR SC 802) #

Facts:
Public interest petition highlighting bonded and child labour in stone quarries.

Issue:
Whether Article 24 and 21 can be invoked through PIL.

Rule:
Right against exploitation and right to live with dignity are enforceable through Article 32.

Application:
Supreme Court appointed commissions to investigate and ordered rehabilitation of labourers.

Conclusion:
Expanded Article 24’s reach by linking it to Article 21 — Right to Life with Dignity.

3.4. Legislative Support #

---

4. Comparative Overview #

#

5. Significance #

• Upholds the dignity of labour and freedom from servitude.

• Converts socio-economic rights into enforceable guarantees.

• Strengthens India’s compliance with ILO Conventions and UNCRC (1989).

6. Conclusion #

Articles 23 and 24 transform India’s constitutional vision of social justice into concrete protections for the most vulnerable.
Through judicial activism and legislative support, the Supreme Court has ensured that economic necessity can no longer justify human exploitation.

“The right against exploitation is the first condition of liberty — it liberates labour from bondage and children from servitude.” — Justice Bhagwati