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Writer's picturethelila500
Oct 4, 20223 min read

WHAT ARE THE FUNDAMENTAL RIGHTS TO AN INDIAN CITIZEN AGAINST EXPLOITATION?

The constitution of India ensures the liberty and dignity of every individual, hence, leaving no scope for exploitation, slavery, or ill-treatment, as provided under Articles 23 and 24.


The misuse of services provided by others by force could be termed as exploitation. It violates the basic concept of the Constitution of India, the Preamble, and also it violates the Directive Principles of State Policy provided under Article 39, which stimulates economic equality among individuals. In case of any violation of your fundamental right against exploitation, it is advised to seek proper legal guidance from an experienced Business Lawyers In Mumbai to have a better understanding of your rights and remedies available against the same.


Article 23

It prohibits human trafficking, forced labour and other similar activities. Also, it provides that any violation of this Article shall be considered as an offence and the person violating it will be penalised as provided by the law.

Features of the Article 23-

  • As provided by the Article, right against exploitation has been termed as a fundamental right.

  • The rights of both citizens as well as non- citizens against exploitation are ensured under this article

  • The protection under this Article is provided to the individual from both the state as well as an individual.

  • The Article 35 of the Constitution authorises the Parliament to make laws regarding the punishment in case of violation of Article 23.

Practices prohibited under the Article 23-

  • Begging - a form of forced labour i.e. at in voluntary work without any remuneration

  • Bondage/ debt bondage - it is a practice where a person is forced to work to pay off his debt. The money earned in very little with double the amount of work. Often, these kinds of debts are passed onto the next generation.

  • Human trafficking - it means selling and buying of humans as goods, includes the trafficking of women and children. The Parliament has passed the Suppression of Immoral Traffic in Women and Girls Act, 1956, so as to put a curb on this illegal act.

  • Other forced labourers - any activity which comes under this Article, shall be punishable under it. In case you have been falsely charged for the same, it would be favorable for your situation to seek the assistance of a Bail Lawyers In Mumbai for the same.

Article 24 - Prohibition of Employment of children in Factories, etc.

As provided by the Constitution of India, children below the age of 14 are prohibited from being employed in factories, mines or any other hazardous activity for employment.

Article 39 of the Constitution, imposes an obligation on the state to ensure the health of the workers and also to ensure that the children and women are not being abused and forced into hazardous activities which are not in proportion to their age or strength.


Features of the Article 24-

  • Prohibits the employment of children under the age of 14 years in any hazardous work

  • Article is read with Article 39(e) and (f)

  • Provides for the security and health of the children

  • Imposes a duty on the State so as to ensure that the children are not abused or forced to work in harmful places due to financial problems.

· Employment of children in a harmless environment is not prohibited under this Article.


Conclusion-

For all-round development of a nation, it is important that every section of the society is safe and secured, with equal rights to protection and remedy in case a wrong has been committed against them. The above-mentioned Articles provide a glance to the intention of the legislature for the same.


Various other legislations have been passed by the Parliament for the same, such as the Employment of Children Act, 1938, The Child Labour Prohibition and Regulation) Act, 1986, The Factories Act, 1948, The Mines Act, 1952, The Plantation Labour Act,1951, and many more.


In case you believe you are being exploited in your workplace, in any way, it is important to seek remedy and protection, as the protection against any kind of exploitation is your Fundamental Right, and no entity in the country has the permission to do so. Thus, it is advised to seek assistance from experienced Corporate Lawyers In Mumbai for understanding your rights properly and also to know the legal options available to you for the same.


Lead India offers you a team of experienced lawyers for the same, in case you have any query related to your case related to exploitation, you may contact us.


Call Us: - +91-8800788535

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