Theoretical overview
Article 23
Article 23 of the Indian constitution prohibits trafficking in human beings and begar and other similar forms of force labor. The clause 2 of the same permits the state to impose compulsory service for public purposes provided that in making so it shall not make any discrimination on the ground only of religion, race, cast or class or any of them.
The term traffic in human beings includes slavery and immoral traffic in women and children for immoral or other purposes. Beggar means involuntary work without payment but a voluntary agreement to do extra work is not begar or forced labor
The protection of this article is available to both citizens as well as non-citizens. The protection is not confined to begar only but also to other forms of force labor which means to compare the person to work against his will. Supreme court also held that forced labor doesn’t mean physically but also economic and legal force.
Article 24
Article 24 of the Indian constitution talks about prohibition of employment of children. No child below 14 years of shall be employed to work in any factory or mine or engaged in any other hazardous employment.
This article does not prohibit their employment in any innocent or harmless job or work. The aim of this section is to secure workers, men, women and children from the abuse as they are an asset of the nation
Relevant articles
Section 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
Section 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 Provided that nothing in this sub clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub clause (b) of clause ( 7 ); or such person is detained in accordance with the provisions of any law made by Parliament under sub clauses (a) and (b) of clause ( 7 )
Important case laws
PUDR vs. Union of India,1982 – it was argued that the employment of children is not against the fundamental rights as construction industry is not included in employment of children act,1938. The court gave the judgement against petitioner and added it under the act.
MC Mehta vs. State of Tamil Nadu,1996 – sivakashi, a traditional center for manufacturing firecrackers and match boxes has employed many children. The court prohibited them and fined 20000/-.
Points to remember
- Article 23 of the Indian constitution prohibits trafficking in human beings and begar and other similar forms of force labor
- The term traffic in human beings includes slavery and immoral traffic in women and children for immoral or other purposes
- Article 24 of the Indian constitution talks about prohibition of employment of children. No child below 14 years of shall be employed to work in any factory or mine or engaged in any other hazardous employment.
