Previous Year Question
Which of the following are envisaged by the Right against Exploitation in the Constitution of India?
Prohibition of traffic in human beings and forced labour
Abolition of untouchability
Protection of the interests of minorities
Prohibition of employment of children in factories and mines
Select the correct answer using the code given below.
1, 2 and 4 only
2, 3 and 4 only
1 and 4 only
1, 2, 3 and 4
Correct Answer: C
Detailed Solution
Articles 23 and 24 in Part III of the Constitution constitute the Right against Exploitation. Therefore, Statements 1 and 4 are correct.
Statement 1 is correct. Article 23 prohibits traffic in human beings, begar and other similar forms of forced labour. Any contravention is an offence punishable according to law.
The principal features of Article 23 are:
It protects both citizens and non-citizens.
It operates against the State as well as private individuals.
“Begar” means compelling a person to work without remuneration.
Other forms of forced labour are also prohibited, whether compulsion arises from physical, legal or economic circumstances.
Article 23(2) permits the State to impose compulsory service for public purposes, but prohibits discrimination in such service solely on grounds of religion, race, caste or class.
Statement 2 is incorrect. Abolition of untouchability is provided under Article 17 as part of the Right to Equality, not the Right against Exploitation.
Statement 3 is incorrect. Protection of minority interests falls primarily under the Cultural and Educational Rights contained in Articles 29 and 30.
Statement 4 is correct. Article 24 provides that no child below fourteen years of age shall be employed to work in any factory or mine or engaged in any other hazardous employment.
In addition to Article 24, Parliament enacted the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986. Following its 2016 amendment, the law generally:
Prohibits the employment of children below fourteen years in all occupations and processes, subject to certain limited statutory exceptions.
Prohibits the employment of adolescents between fourteen and eighteen years in hazardous occupations and processes.
Prescribes penalties for employers who violate its provisions.
Parliament has also exercised its legislative power under Article 35 to give effect to constitutional prohibitions concerning human trafficking, forced labour and child labour.