The Constitution of India guarantees Fundamental Rights to protect individuals from injustice, discrimination and exploitation.
One important group of these rights is the Right Against Exploitation, covered under Articles 23 and 24 of Part III of the Constitution.
These provisions aim to protect people from practices such as human trafficking, forced labour, begar and the employment of children below 14 years in factories, mines and hazardous employment.
The Right Against Exploitation is especially significant because it protects vulnerable individuals who may be exposed to economic pressure, social inequality or abuse by powerful individuals and institutions.
Articles 23 and 24 are enforceable not only against the State but also against private individuals. This is an important distinction from many Fundamental Rights that primarily operate as restrictions on State action.
Articles Covered in This Chapter
| Article | Subject |
|---|---|
| Article 23 | Prohibition of human trafficking, begar and other similar forms of forced labour |
| Article 24 | Prohibition of employment of children below 14 years in factories, mines and hazardous employment |
1. Article 23: Prohibition of Human Trafficking and Forced Labour
Article 23 prohibits:
- Traffic in human beings
- Begar
- Other similar forms of forced labour
Any violation of Article 23(1) is an offence punishable in accordance with law.
A. What Is Human Trafficking?
Human trafficking involves the exploitation of people through activities such as recruitment, transportation, transfer, harbouring or receipt of persons for exploitative purposes.
Trafficking may involve force, coercion, deception or abuse of vulnerability. It can occur for purposes such as forced labour, sexual exploitation or other forms of exploitation.
Simple example: If a person is deceived with the promise of a job and then forced to work under exploitative conditions, the circumstances may involve human trafficking and forced labour.
Trafficking is not limited to crossing international borders. It may also occur within India.
B. What Is Begar?
Begar refers to compulsory labour performed without payment.
In simple words, a person is forced to work but does not receive wages for that work.
For example, if a powerful person forces a worker to perform labour without paying them, the conduct may amount to begar and violate Article 23.
C. What Is Forced Labour?
Forced labour means labour or service that a person is compelled to provide against their will.
Compulsion is not limited to physical force. It may also arise from economic hardship, threats, legal pressure or other circumstances that deprive a person of a genuine choice.
A person may appear to have accepted a job voluntarily, but the actual circumstances may reveal coercion or exploitation.
Important Supreme Court Case: People's Union for Democratic Rights v. Union of India (1982)
This case is commonly known as the Asiad Workers Case.
The petition concerned workers employed in construction projects associated with the 1982 Asian Games in Delhi. Allegations included payment of wages below the legally prescribed minimum wage.
The Supreme Court interpreted forced labour under Article 23 broadly. It held that compulsion may arise not only from physical or legal force but also from economic circumstances, including poverty and the absence of meaningful alternatives.
The Court held that labour paid below the statutory minimum wage may fall within the meaning of forced labour under Article 23.
UPSC takeaway: Article 23 protects against economic compulsion, not merely physical force.
D. Is Article 23 Applicable to Private Individuals?
Yes.
Article 23 is enforceable against both the State and private individuals.
For example, a private employer who compels workers to provide forced labour may violate Article 23.
This is known as the horizontal application of Fundamental Rights (when a right can operate between private individuals, rather than only against government authorities).
2. Article 23(2): Compulsory Service for Public Purposes
Article 23(2) allows the State to impose compulsory service for public purposes.
However, while imposing such service, the State cannot discriminate solely on the grounds of:
- Religion
- Race
- Caste
- Class
Example
A law may require people to perform certain forms of compulsory public service, provided the requirement is constitutionally valid and does not involve prohibited discrimination.
UPSC trap: Article 23 does not prohibit every form of compulsory service. Clause (2) expressly recognises compulsory service for public purposes, subject to its conditions.
3. Article 24: Prohibition of Employment of Children in Factories, Mines and Hazardous Employment
Article 24 states:
No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
In simple terms, a child who has not completed 14 years cannot be employed in a factory, mine or hazardous employment covered by Article 24.
Key Features of Article 24
- It protects children below 14 years of age.
- It prohibits their employment in factories and mines.
- It prohibits their engagement in other hazardous employment.
- It is a Fundamental Right.
- It can operate against private employers as well as the State.
What Is Hazardous Employment?
Hazardous employment refers to work that can seriously endanger a child's health, safety or development.
Examples may include certain dangerous industrial processes or work involving serious risks to life and physical well-being.
The constitutional wording is important: Article 24 specifically refers to factories, mines and other hazardous employment.
Important distinction: Article 24 itself does not say that every possible form of work by every child below 14 is prohibited. Other laws, including child-labour legislation, may impose additional restrictions and must be read separately.
4. Article 24 and the Right to Education
Article 24 is closely connected with Article 21A, which guarantees free and compulsory education for children aged 6 to 14 years.
The two provisions serve related but distinct purposes:
| Article | Purpose |
|---|---|
| Article 21A | Guarantees free and compulsory education for children aged 6–14 years |
| Article 24 | Prohibits employment of children below 14 years in factories, mines and hazardous employment |
Article 21A was inserted by the 86th Constitutional Amendment Act, 2002.
Together, these provisions reflect the constitutional commitment to children's education, safety and development.
5. Important Supreme Court Cases
A. People's Union for Democratic Rights v. Union of India (1982)
Key principle: Forced labour under Article 23 includes economic compulsion. Payment below statutory minimum wages may amount to forced labour.
Why UPSC asks it: It explains the broad meaning of forced labour and the application of Article 23.
B. Bandhua Mukti Morcha v. Union of India (1984)
This case concerned bonded labour and exploitative working conditions.
The Supreme Court addressed the State's responsibility to identify, release and rehabilitate bonded labourers and emphasised the importance of enforcing constitutional protections.
Key principle: Article 23 must be meaningfully enforced to protect people from bonded and forced labour.
C. M.C. Mehta v. State of Tamil Nadu (1996)
This case concerned child labour, particularly children employed in hazardous industries such as the match and fireworks sectors.
The Supreme Court issued directions relating to the protection, rehabilitation and welfare of children removed from hazardous work.
Key principle: Constitutional protection against hazardous child labour must be supported by effective implementation and rehabilitation measures.
6. Constitutional Provisions Related to the Right Against Exploitation
Articles 23 and 24 are supported by other constitutional provisions, particularly the Directive Principles of State Policy.
| Provision | Subject |
|---|---|
| Article 21A | Right to free and compulsory education for children aged 6–14 |
| Article 39(e) | Protection of workers' health and strength, and prevention of abuse of children |
| Article 39(f) | Protection of children's healthy development, dignity and childhood |
| Article 45 | Early childhood care and education for children below six years |
Remember: Articles 23 and 24 are Fundamental Rights, while Articles 39 and 45 are Directive Principles of State Policy (guidelines for governance that are not directly enforceable in court in the same way as Fundamental Rights).
7. Difference Between Article 23 and Article 24
| Basis | Article 23 | Article 24 |
|---|---|---|
| Main objective | Prohibits trafficking and forced labour | Protects children from specified forms of employment |
| Who is protected? | Persons generally | Children below 14 years |
| Main prohibited practices | Human trafficking, begar and similar forced labour | Employment in factories, mines and other hazardous employment |
| Applies to private individuals? | Yes | Yes |
| Relevant exception | Compulsory service for public purposes, subject to Article 23(2) | The text specifically prohibits the employment described in Article 24 |
| Important case | PUDR v. Union of India (1982) | M.C. Mehta v. State of Tamil Nadu (1996) |
8. Quick Revision Notes
- The Right Against Exploitation is covered under Articles 23 and 24.
- Article 23 prohibits human trafficking, begar and other similar forms of forced labour.
- Begar means compulsory labour without payment.
- Forced labour may result from economic compulsion, not just physical force.
- Article 23 is enforceable against both State and private individuals.
- Article 23(2) permits compulsory service for public purposes, subject to the constitutional restriction on discrimination.
- Article 24 prohibits employment of children below 14 years in factories, mines and other hazardous employment.
- Article 21A provides free and compulsory education for children aged 6–14 years.
- PUDR (1982) is important for the meaning of forced labour.
- Bandhua Mukti Morcha (1984) is important for bonded labour.
- M.C. Mehta (1996) is important for child labour and rehabilitation.
Common UPSC Prelims Traps
| Statement | Correct or Incorrect? |
|---|---|
| Article 23 prohibits forced labour | Correct |
| Article 23 applies only to government authorities | Incorrect |
| Begar means compulsory labour without payment | Correct |
| Forced labour requires physical force in every case | Incorrect |
| Article 23 prohibits every form of compulsory public service | Incorrect |
| Article 24 protects children below 14 years in factories, mines and hazardous employment | Correct |
| Article 21A and Article 24 address exactly the same issue | Incorrect |
9. UPSC Prelims Practice MCQs
Question 1
The Right Against Exploitation is primarily covered under which Articles of the Indian Constitution?
A. Articles 14 and 15
B. Articles 19 and 20
C. Articles 23 and 24
D. Articles 25 and 26
Answer: C. Articles 23 and 24
Explanation: Article 23 prohibits trafficking and forced labour, while Article 24 prohibits specified forms of child employment.
Question 2
The term “Begar” refers to:
A. Paid public service
B. Compulsory labour without payment
C. Voluntary community service
D. Employment in a government office
Answer: B. Compulsory labour without payment
Explanation: Begar is a form of forced labour involving compulsory work without remuneration.
Question 3
Which of the following statements about Article 23 is correct?
A. It applies only to Indian citizens.
B. It applies only to government authorities.
C. It prohibits trafficking and forced labour and can operate against private individuals.
D. It prohibits all compulsory service for public purposes without exception.
Answer: C
Explanation: Article 23 has broad application and also contains a specific provision permitting compulsory service for public purposes, subject to its conditions.
Question 4
Which case is associated with the interpretation that economic compulsion and payment below minimum wages may amount to forced labour?
A. Maneka Gandhi v. Union of India
B. People's Union for Democratic Rights v. Union of India
C. Kesavananda Bharati v. State of Kerala
D. K.S. Puttaswamy v. Union of India
Answer: B. People's Union for Democratic Rights v. Union of India
Explanation: The 1982 Asiad Workers Case interpreted Article 23 broadly.
Question 5
Article 24 prohibits the employment of children below 14 years in:
A. Every form of work without exception, as stated in Article 24 itself
B. Factories, mines and other hazardous employment
C. Only government offices
D. Only agricultural work
Answer: B
Explanation: Article 24 specifically identifies factories, mines and other hazardous employment. Separate legislation may impose wider restrictions.
Question 6
Which Article allows the State to impose compulsory service for public purposes, subject to constitutional conditions?
A. Article 19
B. Article 21
C. Article 23(2)
D. Article 24
Answer: C. Article 23(2)
Explanation: Article 23(2) permits compulsory service for public purposes and prohibits discrimination solely on the specified grounds.
Question 7
Which of the following cases is associated with bonded labour and the enforcement of protections for bonded labourers?
A. Bandhua Mukti Morcha v. Union of India
B. Shreya Singhal v. Union of India
C. Minerva Mills v. Union of India
D. S.R. Bommai v. Union of India
Answer: A. Bandhua Mukti Morcha v. Union of India
Explanation: The case addressed bonded labour and the State's role in identifying, releasing and rehabilitating affected workers.
10. UPSC Mains Practice
Question
“Article 23 of the Indian Constitution prohibits not only physical coercion but also forced labour arising from economic compulsion.” Explain with reference to judicial interpretation.
Answer-Writing Framework
Introduction:
Introduce Article 23 and its prohibition of human trafficking, begar and other similar forms of forced labour.
Body:
- Explain the meaning of forced labour and economic compulsion.
- Discuss the PUDR v. Union of India (1982) judgment.
- Explain how poverty and lack of meaningful alternatives may create circumstances of compulsion.
- Mention that Article 23 is enforceable against both State and private individuals.
- Briefly connect the constitutional prohibition with the need for effective labour-law enforcement.
Conclusion:
Conclude that Article 23 gives substantive protection against exploitation by recognising that coercion may arise from economic vulnerability as well as direct physical force.