What is Right Against Exploitation?

Posted on : 17 December, 2021 18:29

Introduction

Rights are the privilege that are enjoyed by an individual or provided to an individual on legal, social and ethical principles so that he could live a dignified and humane life. Rights are given to protect an individual from the evil traditions of society for example the act was enacted by the colonial government to prohibit the Sati practice in 1829 and for widow remarriage in 1856 and others which provide protection against such evil practice. Rights are also given to protect a weaker or vulnerable person from a wealthy despotic person which is defined as right against exploitation.

Background to Right Against Exploitation

After independence, the Indian government had also taken steps to protect the rights of individuals and its citizens. A separate part3 of rights was added to the constitution by our constitutional assemblies, which are said to be fundamental rights. These rights are fundamental in nature because these rights are protected by our highest judiciary. Six fundamental rights are there at present in our constitution which not only protects an individual from state tyranny but also from the other individual too. The following rights are added as fundamental rights in our constitution:

About Right against exploitation

Article 23 and Article 24 of part 3 of the Indian constitution provide a right to a person from exploitation from state and private persons as well.

Prohibition of traffic in human beings and forced labour

Article 23 of the Indian constitution prohibits traffic in human beings, begar, and other similar forms of forced labour. This right is available to both citizens and non-citizens.

Traffic in human beings includes selling and buying of men, women, and children like a commodity, immoral traffic in women and children, including prostitution, the act of devadasis, and slavery.

Parliament has made the immoral traffic (Prevention act 1956) enforce this right.

“Begar” means compulsory work without any remuneration. It was an Indian system under which the local zamindars sometimes forced their tenants to render services without any payment. This is also prohibited by article 23.

This article prohibits other similar forms of forced labour like “Bonded labour “which means compelling a person to work against his will. The colonial British government also forced a number of tenants into tea and indigo plantation without their wish, it’s an example of forced labour. Bonded labour system (abolition )act,1976, The minimum wages act 1948, The contract labour act,1970, and the Equal remuneration act,1976 were enacted to protect an individual from such exploitation.

Prohibition of employment of children in factories

As children are being considered as the future of any country it is necessary that they get proper nutrition, compulsory education and a dignified life so that then only the future of a country can be secured. Article 24 was added to the Indian constitution to protect children from early age work exploitation. It prohibits the employment of children below the age of 14 years in any factory, mine in other hazardous activities like construction or railways.

The child labour (Prohibition and Regulation ) act,1986, is the most important law in this direction. Other than this, Employment of children act,1938, the factories act,1948, the mines act 1952, the merchant shipping act1958, the plantation labour act,1951, the motor transport worker act 1951, apprentice act1961, bidi and cigar worker act 1966 and other similar acts are there which prohibit the employment of children in certain age.

In 1996, the supreme court also directed for the establishment of Child labour rehabilitation fun in which the offending employer should deposit a fine of 20000for each child employed by him.

In 2006, the government banned the employment of children as domestic servants or workers in business establishments like hotels, dhabas, restaurants, shops, factories, resorts, tea shops, etc.

With all these acts and directions the govt provides protection to a person from exploitations of different kinds.