The Right against Exploitation is a fundamental right guaranteed to all citizens of India by the Constitution of India. It is enshrined in Part III of the Constitution, under the heading “Fundamental Rights,” and consists of several provisions that prohibit various forms of exploitation, such as forced labor, child labor, and trafficking.
The Right against Exploitation is of paramount importance in a democratic society, as it protects the most vulnerable and disadvantaged members of society from abuse and exploitation. It is a cornerstone of democracy, and is essential for the promotion of human rights, equality, and development.
Short & Simple – The Right against Exploitation is a special rule that says no one is allowed to make someone else work against their will, or make them do things that are not safe or fair. It also says that children are not allowed to work if it is bad for their health, safety, or well-being, or if it gets in the way of their education. The Right against Exploitation is very important, because it helps to make sure that everyone is treated with respect and dignity, and that no one is taken advantage of or exploited.
One of the key provisions of the Right against Exploitation is the prohibition of forced labor. This means that the State is prohibited from using any form of forced or compulsory labor, and that individuals are not allowed to be forced to work against their will. This includes both forms of physical coercion, such as slavery and servitude, as well as more subtle forms of coercion, such as debt bondage and retention of identity documents.
Another provision of the Right against Exploitation is the prohibition of child labor. This means that the State is prohibited from employing children in any form of labor that is harmful to their health, safety, or well-being, or that interferes with their education. It also means that individuals are not allowed to employ children in such forms of labor.
In addition to the prohibition of forced labor and child labor, the Right against Exploitation also includes provisions that prohibit various forms of trafficking and exploitation of women and children. This includes provisions that prohibit the procurement and exploitation of women and children for prostitution, as well as provisions that prohibit the sale and trafficking of women and children for any purpose.
Here are a few landmark judgments on the right against exploitation in India:
- Vishaka v. State of Rajasthan: This case established that sexual harassment at the workplace is a form of exploitation and violated the fundamental right to equality and the right to life and personal liberty under Article 21 of the Indian Constitution.
- M.C. Mehta v. Union of India: This case held that child labor is a form of exploitation and that the state has an obligation to protect children from such exploitation.
- Bandhua Mukti Morcha v. Union of India: This case held that bonded labor is a form of exploitation and that the state has a constitutional obligation to eliminate it.
- Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh: This case held that the sale of minor girls for marriage or other purposes is a form of exploitation and that the state has a duty to prevent and punish such practices.
- Laxmi Mandal v. Union of India: This case held that the prohibition of begging and forced rehabilitation of beggars is a violation of their right against exploitation.
Despite the constitutional guarantees of the Right against Exploitation, there are still many challenges that continue to exist in India. One of the main challenges is the issue of forced labor and child labor. Despite the prohibition of such forms of exploitation, there are still many children and adults who are subjected to forced labor and child labor in India, particularly in sectors such as agriculture, construction, and manufacturing.
To address this issue, it is important for the government to enforce the prohibition of forced labor and child labor, and to provide resources and support to prevent and combat such forms of exploitation. This could include initiatives to raise awareness and educate employers and employees about the prohibition of forced labor and child labor, as well as efforts to provide alternative livelihoods and education for those who are at risk of exploitation.
Another challenge faced by the Right against Exploitation in India is the issue of trafficking and exploitation of women and children. Despite the prohibition of such forms of exploitation, there are still many women and children who are subjected to trafficking and exploitation, particularly for purposes of prostitution and forced labor.
To address this issue, it is important for the government to enforce the prohibition of trafficking and exploitation of women and children, and to provide resources and support to prevent and combat such forms of exploitation. This could include initiatives to raise awareness and educate the public about the prohibition of trafficking and exploitation, as well as efforts to provide support and rehabilitation for victims of such exploitation.
Overall, the Right against Exploitation is a fundamental right that plays a crucial role in protecting the most vulnerable and disadvantaged members of society from abuse and exploitation. It is essential that this right is protected and promoted, and that efforts are made to address the challenges and abuses that continue to exist in India.