Volume 1 Issue 2 March 2018 ISSN : 2456-9666

RIGHT AGAINST EXPLOITATION IN CONSTITUTION OF INDIA

By: KAVISHA GUPTA

JUS IMPERATOR www.jusimperator.org Page 1

Volume 1 Issue 2 March 2018 ISSN : 2456-9666

LIST OF ABBREVIATIONS

 Art. - Article

 13th – thirteenth

 Vs – Versus

 B.C – Before Christ

 Eg – Example

 Couldn’t – Could not

 & - and

 19th – nineteenth

 20th– twentieth

 40 – forty

 / - or

 comp – compensastion

 Ors – Others

 M.P – Madhya Pradesh

 H.P – Himanchal Pradesh

JUS IMPERATOR www.jusimperator.org Page 2

Volume 1 Issue 2 March 2018 ISSN : 2456-9666

LIST OF CASES
 Mohini Jain vs. State of Karnataka
.
 People’s Union for Democratic Rights vs. Union of India.

 Neerja Chaudhary vs. State of Madhya Pradesh

 Gurdev Singh and Ors Etc vs. State of Himachal Pradesh and Others

 Vishal Jeet vs. Union Of India and Ors

 Girija Shankar and Ors vs. State Of Madhya Pradesh

 Bachpan Bachao Andolan vs. Union of India and Ors

JUS IMPERATOR www.jusimperator.org Page 3

Volume 1 Issue 2 March 2018 ISSN : 2456-9666

RIGHT AGAINST EXPLOITATION IN CONSTITUTION OF INDIA-

1-Introduction –
Art. 23 and 24 of Constitution Of India manage the privilege against abuse. Art. 23 which
denies movement in people and poor person and comparable types of constrained work is
practically identical to the 13th Amendment of the American Constitution nullifying
subjugation or automatic bondage.

 Statement Of Problem-
Whether right against exploitation is absolutely protected under Constitution Of India?

 Literature Review-
Researcher has reviewed various text books, primary resources and secondary resources.
Researcher has referred ‘Constitution of India’ book by P.M Bakshi and Internet also for
researching.

 Research Methodology-
Researcher has adopted doctrinal research methodology for this Research Paper.

 Scope and Significance of Research-

This research paper is basically written to understand the problem of the people who face
issues of Human Trafficking and Bonded Labour. Every person has a right to love his/her
own with dignity .Women are double marginalised section of the society. Therefore, this
research paper identifies the problem of those sections and suggests the solutions for the
same.

2-Structure Of Article-

▪ Right against Exploitation

▪ History

▪ Constitution of India

▪ Legal Perspective

▪ Constitution of India

▪ Judicial Perspective

JUS IMPERATOR www.jusimperator.org Page 4

Volume 1 Issue 2 March 2018 ISSN : 2456-9666

1-INTRODUCTION-
Art. 23 and 24 of Constitution Of India manage the privilege against abuse. Art. 23 which
denies movement in people and poor person and comparable types of constrained work is
practically identical to the 13th Amendment of the American Constitution nullifying
subjugation or automatic bondage .At the season of the reception of the Constitution there
was not really anything like bondage or the boundless routine with regards to constrained
work in any piece of India. The National Freedom development, since the twenties of this
century, had been a mobilizing power against such practices. Be that as it may, there were
numerous zones of the nation where the "untouchables" were being misused in a few routes
by the higher ranks and wealthier classes.. In parts of Rajasthan in Western India, which was
in Pre-Independence days a bunch of Princely States, there existed a training under which
workers who worked for a specific proprietor couldn't abandon him to look for business
somewhere else without his authorization.
Regularly this confinement was so serious and the worker's reliance on the "ace" was
absolute to the point that he was only a slave in all actuality. The nearby laws had upheld
such practices. Indecencies like the Devadasi framework under which ladies were committed
for the sake of religion, to Hindu divinities, symbols, objects of love, sanctuaries and
different religious organizations, & under which, rather than carrying on with an existence of
devotion, self-renunciation and devotion, they were the deep rooted casualties of desire and
unethical behaviour, had been pervasive in specific parts of southern and western India.
Remnants of such wickedness traditions and practices were still there in many parts of the
nation. The Constitution-creators were anxious to announce a war against them through the
Constitution as these practices would have no place in the new political and social idea that
was developing with the approach of freedom. The perfect of "limited, one vote, one esteem",
correspondence under the steady gaze of law and equivalent insurance of laws, flexibility of
calling and the privilege to move uninhibitedly all through the nation all these would have no
significance in the event that "one man" was enslaved by "another man" and one's life was
helpless before another.

2-HISTORY –

 DEVELOPMENT OF LABOUR LAWS IN INDIA-

The work development has been an instrumental in the instituting of laws ensuring work
rights in the 19th and 20th hundreds of years. The work development has contributed a
considerable measure for the authorization of laws securing work rights in the nineteenth and
twentieth hundreds of years. The historical backdrop of work enactment in India can be
followed back to the historical backdrop of British imperialism. However in India in the
nineteenth century no less than 80% of the populace was common labourers. With a specific
end goal to be viewed as working class have no less than one hireling. Most workers were
female. Male hirelings were considerably more costly in light of the fact that men were paid
substantially higher wages. All through the nineteenth century "benefit" was a noteworthy
manager of women. Labour rights have been essential to the social and monetary
improvement since the mechanical transformation.

JUS IMPERATOR www.jusimperator.org Page 5

Volume 1 Issue 2 March 2018 ISSN : 2456-9666

The development of Indian labour laws can be divided in three periods:-

 ANCIENT PERIOD-:
Work is constituted by the individuals who don't have methods for generation. They offer
their physical work gifted or incompetent to acquire their vocation. Expecting this, it can
securely be said that in the Sanskritized society in India, Shudra constituted the work drive.
The three old nations that had seen it, were India, China & Egypt.Work framed the
foundation of Hindu society. The creators of the Dharma and Arthasastras over and over
watch that a satisfied work class depends the development of society &solidness of
government. It was the foremost obligation of the lord to look to their welfare and to
safeguard their motivation if there should arise an occurrence of distinction of sentiment
between the workers and their bosses. Workers in old India delighted in significantly a
greater number of benefits than today. They were paid very much, treated sympathetic and
obliged comfortably. But they were not compelled to work. Workers, who were appended to
a business for quite a while, were qualified for a few concessions. "The ruler should concede
a large portion of the wages for life without work to the man who has passed 40 years in his
administration, and if the worker was not living, this is to be given to the dowager or child or
to his very much acted girls.

 MEDIEVAL PERIOD-:
The historical backdrop of the medieval period starts with the fall of Hindushahi Kingdom.
India had seen numerous administrations. There were solid Hindu kingdoms till 800B.C.
Vasco-de-Gama with the assistance of a Gujrati Abdul Murid achieved the port of Calicut on
May 17, 1498.The position of work did not enhance by any means. The supply was more
than the request and the request was limited fundamentally to the capital. Workers could be
taken by compel and paid whatever the ace jumped at the chance to pay. The proficiency of
work in India contrasted ominously and the productivity of work outside India. Other than the
way that the vast and developing supply of shabby work in India dependably undercut
compensation and was ready to endure the oppressive regimes of rich men and authorities,
there was the importation of slaves and eunuchs from Africa and from the east of India.
Servitude as constrained assignment of work, aptitude or sexual satisfaction seems to have
existed in different structures from the pre-500 BC period, however never as a real and by
and large worthy boundless practice. Verifiable accord focuses to a strengthening of bondage
under India's Islamic period.

 BRITISH PERIOD:-
The historical backdrop of work enactment in India is normally interlaced with the historical
backdrop of British imperialism. Contemplations of British political economy were normally
central in forming some of these early laws. To start with it was hard to get enough general
Indian specialists to run British foundations and thus laws for indenturing labourer’s ended
up noticeably essential. All work enactments in India under the Govt of India Act, 1919 were
ordered by the focal assembly. In India there were number of work laws which were pertinent
in various parts and furthermore there existed many exchange unions. In 1923 Workman
Compensation Act was passed, it was the most vital measure of the financial equity. On July
4, 1929 the Imperial Govt of Britain constituted the Royal Commission on Labour in India
with the express order to enquire into and cover the current states of work in mechanical

JUS IMPERATOR www.jusimperator.org Page 6

Volume 1 Issue 2 March 2018 ISSN : 2456-9666

endeavours and manors in British India. Proposals under the Commission drove specifically
to the greater part of the enactment being passed from 1931 onwards.

3-LEGAL PERSPECTIVE:-
CONSTITUTION OF INDIA- The Constitution of India, which came into compel on
January 26, 1950, holds the old division of forces between the union and states as in the past
Government of India Act, 1935. An imperative factor that is not abundantly perceived, but
rather which still wins in many sorted out area units is settling and modifying compensation
through aggregate dealing. The course of aggregate bartering was affected in 1948 by the
suggestions of the Fair Wage Committee, which revealed that three levels of wages exist –
least, reasonable, and living. These three wage levels were characterized and it was called
attention to that all businesses must pay the lowest pay permitted by law and that the ability
to pay would apply just to the reasonable wage, which could be connected to efficiency. The
Constitution of India in its preface has pronounced that it goes for securing for all
nationals ̳justice, social, monetary and political.' These targets and social objectives, for
which the Indian Constitution has been established, mirror the worry and devotion of the
general population of India to build up a truly welfare State for the benefit surprisingly
regardless of position, dialect, religion and conviction.
The privilege against misuse enables Indian nationals to face any sort of abuse that he/she
may be experiencing. With abuse, there must be the casualty opportunity, and condition for
the manipulative circumstance to show. Exploitation happens when our rights are damaged
either physically or mentally. Article 23 and 24 of Constitution Of India manage the Right
against Exploitation. Article 23 disallows the movement in individuals and constrained work,
for example, Begar. Begar was a framework in which the British Government officers &
Zamindars used to constrain the people to convey their merchandise when they moved from
one place to other place and this was a constrained work in which no compensation was paid.

 HUMAN TRAFFICKING-
The Human Trafficking is the unlawful exchange people for the reasons for business sexual
abuse, prostitution or constrained work. It is the present day type of bondage. Acc to the
arrangements revered the constitution the administration passed " The Immoral Traffic
(Prevention) Act 1956 and " The Bonded Labour System (Abolition) Act 1976.
Notwithstanding when the state takes up help works, for example, starvation or surge
alleviation, it can't pay not as much as least wages. At the point when the detainees are sent
for the thorough detainment, they should be paid sensible wages. It would be ideal if you take
note of that according to Supreme Court if a detainee is not paid wages, it is NOT an
infringement of article 23. Be that as it may, if the under trials, people sentences to
straightforward detainments and the individuals who have been kept under preventive
confinement can NOT be made a request to do manual work. They can do work in the event
that they wish to do out of their decision and it would require fair wages.

 BONDED LABOUR-
Bonded or Forced Labour is taboo. The Forced Labour implies the physical and lawful
constrain as well as emerging out of the impulse of the financial conditions. In this specific
circumstance, the Supreme Court of India in People's Union for Democratic Rights and
others Vs. Union of India and others [1982] otherwise called "Asian Workers Case" gave the

JUS IMPERATOR www.jusimperator.org Page 7

Volume 1 Issue 2 March 2018 ISSN : 2456-9666

accompanying clarification: "We are, consequently, of the view that when a man gives work
of administration to another for compensation which is not as much as the lowest pay
permitted by law, the work or administration gave by him unmistakably falls inside the
extension and ambit of the words "constrained work" under Art 23 of the Indian
Constitution."

4-JUDICIAL PERSPECTIVE –
1. MOHINI JAIN VS. STATE OF KARNATAKA –
Miss Mohini Jain, an occupant of Meerut (in the State of UP), connected for admission to
the MBBS course in the session initiating February/March, 1991, to a private medicinal
school situated in the State of Karnataka. The school administration solicited her to store
a whole from Rs. 60,000/ - as the educational cost charge for the main year and
furthermore to demonstrate a bank certification of the sum equivalent to the expense for
the rest of the years. At the point when Miss Jain's dad suggested the administration that
the asked sum was past his achieve, the administration denied Ms. Jain's admission to the
medicinal school. Miss Jain educated the court that the administration requested an extra
measure of Rs. four and a half lakhs, be that as it may, the administration denied the
claim. According to the notice, the disavowal of affirmation of Miss Jain because of her
inability to present the yearly educational cost expense of Rs. 60,000/ - was a substantial
stride taken by the school administration. In this circumstance, Miss Jain documented a
request (Writ appeal (Civil) No. 456 of 1991) under Article 32 (1) ("The privilege to
move the Supreme Court by suitable procedures for the implementation of the rights
presented by this (Part III: Fundamental Rights) is guaranteed") of the Constitution of
India testing the notice issued by the Government of Karnataka.
A two-part seat comprising Justice Kuldip Singh and Justice R. M. Sahai gave the
judgment of the case on 30 July (1992 AIR 1858).

JUS IMPERATOR www.jusimperator.org Page 8

Volume 1 Issue 2 March 2018 ISSN : 2456-9666

2. PEOPLE’S UNION FOR DEMO. RTS. VS. UOI –

Public interest litigation which is strategic arm of the legal aid movement and which is
intended to bring justice within the reach of the poor masses, who constitute the low
visibility area of humanity ,is a totally different kind of litigation from the ordinary
traditional litigation which is essentially of an adversary character where there is a
dispute between two litigating parties, one making claim or seeking relief against the
other and that other opposing such claim or resisting such relief. Public interest litigation
is brought before the court not for the purpose of enforcing the right of one individual
against another as happens in the case of ordinary litigation, but it is intended to promote
and indicate public interest which demands that violations of constitutional or legal rights
of large number of people who are poor, ignorant or in a socially or economically
disadvantaged position should not go unnoticed and unrepressed. That would be
destructive of the Rule of Law which forms one of the essential elements of public
interest in any democratic form of Government.1

1
People’sUnion for Democratic Rights vs. UOI
1982 AIR 1473,
1983 SCR (1),
1982 SCC (3) 235,
1982 SCALE (1)818

JUS IMPERATOR www.jusimperator.org Page 9

Volume 1 Issue 2 March 2018 ISSN : 2456-9666

3. NEERAJA CHAUDHARY VS. STATE OF M.P

Constitution bonded labour Articles 21, 23 and 32 of Constitution of India and Bonded
Labour System (Abolition) Act, 1976 petition filed against non- implementation of
legislative provisions made for rehabilitation of bonded labourers after they had been
freed State Government cannot be permitted to repudiate its obligation to identify, release
and rehabilitate bonded labourers on ground that it does not owe any obligation to them
unless and until they show in appropriate legal proceeding conducted according to rules
of adversary system of justice that they are bonded labourers Articles 21 and 23 required
that bonded labourers must be identified and released and rehabilitated Act of 1976
enacted pursuant to Directive Principles of State Policy failure of State to implement
provisions of legislation would be violation of Articles 21 and 23 direction given to State
Government to ensure application of legislative provisions petition allowed. 2

2
Neeraja Chaudhary vs State of M.P. on 8 May, 1984,
AIR 1984 SC 1099,
1984 (2) Crimes 511 SC,
1984 LablC 851,
1984 (1) SCALE 874,
(1984) 3 SCC 243

JUS IMPERATOR www.jusimperator.org Page 10

Volume 1 Issue 2 March 2018 ISSN : 2456-9666

4. GURUDEV SINGH & ORS ETC. VS. STATE OF H.P –

The candidates, in both these petitions, are experiencing detainment in the prisons of the
State. They presented the petitions to this Court which were put on Judicial side for
examination and choice by Chief Justice P.D. Desai, as he at that point seemed to be. In
Criminal Writ Petition 6 of 1985 (Gurdev Sing v. Province of H. P.) the solicitors whine
that they are utilized for work however are being paid Rs. 1.50 every day for the work.
They likewise say that no wages are paid for the initial three months of work. Jn Criminal
Writ Petition No. 49 of 1985 (Bhag Singh Chauhan v. Territory of H. P.), notwithstanding
the claim of the uncalled for administration of wage sums by the Superintendent of Jail
and the Store Keeper, they likewise say that they are compelled to work with temporary
workers either at less wages or no wages by any stretch of the imagination. The
affirmation with regards to the miss-use of wage sums were asked into by the District and
Sessions Judge, Shimla on the bearings by this Court. Nonetheless, the report uncovers
that the assertion of Bhag Singh, convict with respect to the miss-use of the wage sums
against the prison authorities has no substance. We have, subsequently, no material before
us to touch base at a conclusion great to the candidate and against the correctional facility
authorities. Notwithstanding, there is something to be said on the engagement, rate of
wages, their receipt and administration by the correctional facility experts, which
viewpoint, we will swing to, at a fitting spot in the succeeding piece of this judgment.3

3
Gurdev Singh And Ors. Etc. vs State of Himachal Pradesh And Ors. on 14 March, 1991,
AIR 1992 HP 70,
1992 CriLJ 2542

JUS IMPERATOR www.jusimperator.org Page 11

Volume 1 Issue 2 March 2018 ISSN : 2456-9666

5. VISHAL JEET VS. UOI & ORS. –

In Vishal Jeet v. Union of India – a PIL against constrained prostitution of young ladies,
Devadasis and Joginis and for their recovery – the Supreme Court held that regardless of
stringent and rehabilitative arrangements under different Acts, comes about were not as
sought and, subsequently, called for assessment of the measures by the Central and State
Government to guarantee their usage. The Court called serious and fast legitimate activity
against exploiters, for example, pimps, dealers and massage parlor proprietors. A few
mandates were issued by the Court, including setting up of partitioned Advisory
Committees, giving rehabilitative homes, viably managing the Devadasi framework.4

4
Vishal Jeet vs Union of India And Ors on 2 May, 1990,
1990 AIR 1412,
1990 SCR(2) 861,
1990 SCC(3) 318,
JT 1990 (2) 354,
1990 SCALE (1)874

JUS IMPERATOR www.jusimperator.org Page 12

Volume 1 Issue 2 March 2018 ISSN : 2456-9666

6. GIRIJA SHANKAR & ORS. VS. STATE OF U.P –

The High Court did not consider the pertinence or significance of the third factor, in
particular, that by virtue of interpolation in the first High School Certificate, the
respondent had just been suspended by the Commission from showing up in any of its
aggressive examination or choice for a time of five years. Introduction in the first High
School Certificate in order to pick up the advantage of two extra years in benefit was a
genuine issue which could scarcely be overlooked. Since this factor was likewise mulled
over by the Selection Committee, constituted under the above Rules, the High Court
couldn't legitimately issue any course for re-examination of respondent's case unless it
barred by a positive finding, the third factor additionally from thought.5

5
Girija Shankar vs State Of U.P on 4 February, 2004
Appeal (crl.) 1034 of 1997

JUS IMPERATOR www.jusimperator.org Page 13

Volume 1 Issue 2 March 2018 ISSN : 2456-9666

7. BACHPAN BACHAO ANDOLAN VS. UOI –

Bachpan Bachao Andolan, an Indian-based development, documented an open intrigue
request of under Article 32 of the Constitution concerning the genuine infringement and
mishandle of youngsters who are compellingly kept in carnivals. The kids are trafficked
from ruined parts of Nepal and India and compelled to stay and perform in carnivals
where they are every now and again sexually, physically and candidly mishandled and
kept in barbaric conditions. There are no work or welfare laws which secure the
privileges of these kids, and state organizations have neglected to manage the issue of kid
trafficking. The appeal to asked for that the Court issue various requests or bearings
against the state, including: to outline fitting rules for people occupied with carnivals; to
direct assaults on bazaars to free the kids and inspect the gross infringement of their
rights; to choose extraordinary powers on the fringes to forestall cross-outskirt trafficking
of kids; to criminalize intra-state trafficking, subjugation, persuasive restriction, lewd
behaviour, and mishandle of kids; to enable the Child Welfare Committee under the
Juvenile Justice (Care and Protection of Children) Act, 2000 to grant pay to tyke
casualties safeguarded from the bazaars; and to deny the work/engagement of youngsters
under 18 in bazaars.6

6
Bachpan Bachao Andolan vs Union of India & Ors on 18 April, 2011,
WRIT PETITION (C) No.51 OF 2006

JUS IMPERATOR www.jusimperator.org Page 14

Volume 1 Issue 2 March 2018 ISSN : 2456-9666

5-CONCLUSION –
A large portion of the Fundamental Rights work as confinements on the energy of the State
and force negative commitments on the State not to infringe on singular freedom and the
rights are just enforceable against the State. In any case, there are sure Fundamental Rights
which are enforceable against the entire world. Article- 17, 23 and 24. Article 23 is not
constrained in its application against the State but rather strikes in that capacity hones
wherever they are found and in this way, the range of Article 23 is wide and boundless.
In spite of the fact that Articles 23 and 24 set down clear arrangements against trafficking and
youngster work, the weaker areas of the general public are as yet confronted by such grave
issues. Deserving of law, these demonstrations are currently honestly bound by legitimate
activities of the Parliament as Bonded Labour Abolition Act of 1976 and the Child Labour
Act of 1986, alongside the standard procedures and arrangements expressed morally justified
against Exploitation act. As I would like to think, the standard of uniformity under the steady
gaze of law, approach security of laws, and some other basic ideal so far as that is concerned,
would have no importance if one’s life is under enslavement, and helpless before another
man. Despite the fact that this principal right assures nationals insurance of the
administration, India still has far to go on the way of accomplishing zero abuse.As far back as
the beginning of development in each general public, the more grounded abused the frail.
Servitude was the most predominant and maybe the cruellest type of human abuse. Our
constitution does not expressly prohibit subjugation. The extent of Article 23 is far wide. Any
type of misuse is prohibited. In this way constraining the landless work to render free
administration by the land-proprietor is unlawful. Similarly, compelling defenceless ladies
into prostitution is a wrongdoing. The aim of the constitution is that whatever a man does
must be intentional. There must not be any component of pressure required behind a man's
activity.
The state however may call upon residents to render national administration with regards to
the nation. In this way induction is not illegal. Yet, in convincing individuals to render
national administration, the state must not segregate on grounds of race, sex, standing or
religion. Article 24 disallows work of tyke work in processing plants or in risky works. "No
kid beneath the age of fourteen years, might be utilized to work in any processing plant or
mine or, occupied with some other unsafe business." In a domain of all plaguing destitution,
kids are frequently compelled to look for work to gain a living. Bosses regularly think that its
less expensive to draw in tyke work at a shabby cost. In any case, youngsters so utilized don't
get open doors for advancement. Along these lines, work of youngster work is a type of
activity in people. Thus it is reasonably – taboo. In any case, work of youngster work can't be
successfully checked unless there is general change of financial states of the poorer areas of
the general public. This arrangement of the constitution remains a devout wish even today.
By the day's end kids are kids. You can't anticipate that them will act naturally child rearing
their own youthful choices. Reality demonstrates do give a phase to look concealed abilities
from enormous urban areas to residential communities. In any case, it is in fact too soon for
the adolescents to end up plainly a piece of it-what we say-"an excessive amount of too
early". We are in this manner anticipated that would protect them and their future; and
presenting them to this type of prominence would mean presenting them to extreme
discipline and provocation, which they are as a general rule, not qualified for.

JUS IMPERATOR www.jusimperator.org Page 15

Volume 1 Issue 2 March 2018 ISSN : 2456-9666

6-BIBLIOGRAPHY-
http://www.importantindia.com/2021/right-against-exploitation-in-indian-constitution/

http://www.voiceagainstcorruptsystem.com/fundamental-rights

http://negiji.com/fundamental-rights-article-23-24-right-against-exploitation/

http://www.thehindu.com/news/national/he-was-not-against-god-but-fought-
exploitation/article5042507.ece

http://www.manupatrafast.com/articles/PopOpenArticle.aspx?ID=66e6db94-96c5-4b75-
8e80-fccc2c24d34b&txtsearch=Subject:%20Labour%20And%20Industrial

http://indianexpress.com/about/fundamental-rights/

http://unicef.in/Story/190/Child-Protection-In-India

https://plato.stanford.edu/entries/exploitation/

JUS IMPERATOR www.jusimperator.org Page 16