Definition
Articles 23-24.
Prohibition of traffic in human beings, forced labour and child labour.
Statutory Definition
Articles 23 and 24 Constitution.
Etymology & Origin
Drafted to constitutionally eradicate feudal practices like 'begar' (forced unpaid labor) and protect vulnerable sections, especially children, from industrial exploitation.
Full Legal Analysis
The Right against Exploitation guarantees human dignity by constitutionally prohibiting practices that reduce human beings to commodities or subject them to forced labor.
This right is enshrined in two articles. Article 23 prohibits 'traffic in human beings' (buying/selling humans, prostitution) and 'begar' (forced labor without payment). Article 24 specifically protects children by prohibiting the employment of children below the age of 14 years in factories, mines, or any other hazardous employment.
Uniquely among fundamental rights, the Right against Exploitation is enforceable not just against the State, but also against private individuals and corporations.
Also known as the Asiad Workers case, the Supreme Court held that paying workers less than the minimum wage amounts to 'forced labour' under Article 23, expanding the definition to protect economically vulnerable workers.
Advocates, NGOs, and Public Interest Litigants rely heavily on these articles to combat human trafficking, rescue bonded laborers, and enforce child labor laws across the country.
This Term in Indian Statutes
Constitution of India, 1950
"Prohibition of traffic in human beings and forced labour."
Constitutional ban on modern slavery and human trafficking.
