Module 22

Art 23 & 24
Rights against Exploitation

Introduction
• Articles 23 and 24, though Fundamental Rights, lay dormant for almost thirty-two years after
the Constitution came into force and there was hardly any significant judicial pronouncement
concerning these constitutional provisions.
• Since 1982, (post Maneka) however, these Articles have assumed great significance and have
become potent instruments in the hands of the Courts to ameliorate the pitiable condition of
the poor in the country.
• Most of the Fundamental Rights operate as limitations on the power of the State and impose
negative obligations on the State not to encroach on individual liberty and the rights are
only enforceable against the State.
• A significant feature of Art. 23 is that it protects the individual not only against the State but
also against private citizens.
• , Arts.17, 23 and 24. Art. 23 is not limited in its application against the State, but strikes at
such practices wherever they are found, and, thus, the sweep of Art. 23 is wide and unlimited.
Art 23. Prohibition of traffic in human beings and forced labour
(1) Traffic in human beings and begar and other similar forms of forced
labour are prohibited and any contravention of this provision shall be an
offence punishable in accordance with law
(2) Nothing in this article shall prevent the State from imposing
compulsory service for public purpose, and in imposing such service the
State shall not make any discrimination on grounds only of religion, race,
caste or class or any of them
• The term begar means compulsory work without any payment. Begar is
labour or service which a person is forced to give without receiving any
remuneration for it
• The expression 'traffic in human beings,' commonly known as slavery,
implies the buying and selling of human beings as if they are chattels,
and such a practice is constitutionally abolished
• The words 'other similar forms of forced labour' in Art. 23(1) are to be
interpreted ejusdem generis The kind of 'forced labour' contemplated by
the Article has to be something in the nature of either traffic in human
beings or begar
• Conscription for police service or military service cannot come under
either
People’s Union for Democratic Rights v. Union of
India, AIR 1982 SC 1473 (Asiad Worker’s case)
• This is a writ petition brought by way of public interest litigation in order to ensure
observance of the provisions of various labour laws such as Minimum Wages Act, Equal
Remuneration Act in relation to workmen employed in the construction work of various
projects connected with the Asian Games.
• The Court held that where a person provides labour or service to another for remuneration
which is less than the minimum wage, the labour or service provided by him clearly falls
within the scope and ambit of the words 'forced labour' under Article 23. Such a person
would be entitled to come to the court for enforcement of his fundamental right
under Article 23 by asking the court to direct payment of the minimum wage to him so
that the labour or service provided by him ceases to be 'forced labour' and the breach
of Article 23 is remedied.
• It is therefore clear that when the petitioners alleged that minimum wage was not paid to
the workmen employed by the contractors, the complaint was really in effect and
substance a complaint against violation of the fundamental right of the workmen
under Article 23.
Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802
• In an action brought in the Supreme Court by an organization dedicated to the cause of
release of bonded labourers, the Supreme Court has characterized the system of bonded
labour under which one person is bonded to provide labour to another for years and years
until an alleged debt is supposed to be wiped out which never seems to happen during the
life time of the bonded labourer as "totally incompatible with the new egalitarian socio-
economic order which we have promised to build and it is not only an affront to basic
human dignity but also constitutes gross and revolting violation of constitutional values.
• The Court has linked Arts. 23 and 21 in the context of the bonded labour and observed: "It
is the Fundamental Right of every one in this country, assured under the interpretation given
to Art. 21... to live with human dignity, free from exploitation."
• Where legislation has already been enacted investing the right of the workmen to live with
human dignity, with concrete reality and content, "the State can certainly be obligated to
ensure observance of such legislation for inaction on the part of the State in securing
implementation of such legislation would amount to denial of the right to live with human
dignity enshrined in Art. 21
Art 24
• Prohibition of employment of children in factories, etc.—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.
• A critical human and economic problem is that of child labour. Poor
parents seek to augment their meagre income through employment of
their children. Employers of children also stand to gain financially. It is
realised that a total ban on child labour may not be socially feasible in
the socio-economic environment of the country.
• Accordingly, Art. 24 puts only a partial restriction on employment of
child labour. Article 24 prohibits the employment of a child below the
age of fourteen years to work in any factory or mine, or in any other
hazardous employment.
M. C. Mehta v. State of Tamil Nadu, (1996) 6
SCC 756
• This case arose out of a public interest litigation filed by M.C. Mehta in
the Supreme Court of India under Article 32 of the Constitution of India,
in respect of employment of children in the match industry in Sivakasi.
Since the problem of child labour was rampant throughout the country,
the court thought it appropriate to deal with the issue in a wider
manner treating it as a national problem.
• The Court reaffirmed the various protections granted to children under
the Indian Constitution such as art 24, 39,41,45,47 and duties of the
State to ensure adherence of the same.
• The Court came up with directives such as conduction of state wide
surveys, setting up of monitoring authorities to name a few.

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Art 23 & 24

Rights against Exploitation

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