Right Against Exploitation (Articles 23-24) | Samvidhan Simple
Simplified guide to your constitutional protection against forced labor, human trafficking, and child labor under Articles 23 & 24.
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Right Against Exploitation
Human Dignity First
Right Against Exploitation (Arts 23–24)
Protecting the vulnerable from trafficking, forced labor, and child exploitation.
Simply Explained:
These articles ensure that humans cannot be bought or sold like goods, no one can be forced to work without pay (Begar), and children are kept in schools, not factories.
Article 23: Ban on Forced Labour
Prohibits human trafficking and
Begar
(forced labor without payment).
Exception:
The State can impose "compulsory service" for public purposes (like military duty) during a crisis.
Article 24: Prohibition of Child Labour
Absolute ban on employing children below **14 years** in factories, mines, or any hazardous work.
Legal Milestones
Asiad Workers Case (1982)
Force includes
Economic Force
. Paying less than minimum wage is forced labor.M.C. Mehta Case (1996)
Ordered the creation of a
Child Labour Rehabilitation Fund
.Bandhua Mukti Morcha (1984)
Identified "Bonded Labour" as a violation of dignity and ordered release.
Absolute Protection
"Article 23 is unique because it protects citizens not just from the State, but also from exploitation by Private Individuals."
Exploitation IQ Check
According to Article 24, what is the minimum age for a child to work in a mine or factory?
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A) 12 Years
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B) 16 Years
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C) 14 Years
Expert Legal FAQ
Can the State force me to work for free?
Only under extremely limited circumstances. Article 23(2) permits the State to impose "compulsory service" for public purposes (like military duty or disaster relief). However, in doing so, the State cannot discriminate based on religion, race, caste, or class.
Does the ban on Child Labour include domestic help?
Yes. Following the 2016 Amendment to the
Child Labour Act
, employment of children below 14 in ANY occupation—including as domestic help or in restaurants (dhabas)—is totally prohibited and is a cognizable criminal offense.What is 'Bonded Labour' in modern terms?
Bonded labour is a form of forced labour where a person is forced to work to pay off a debt. The
Bonded Labour System (Abolition) Act, 1976
, passed under Article 23, completely wipes out all such historical debts and frees the individual instantly.