The Right Against Exploitation (Articles 23-24) Explained

The Right Against Exploitation is the group of Fundamental Rights in Articles 23 and 24 of the Indian Constitution that prohibits traffic in human beings, begar and other forms of forced labour, and bans the employment of children below the age of 14 in factories, mines and other hazardous work. It is a short but powerful set of provisions designed to protect the weakest members of society from being bought, sold, bonded or put to dangerous labour.

The Right Against Exploitation has been enforceable since 26 January 1950 and is among the few Fundamental Rights that can be claimed against private individuals as well as the State. Parliament has given it practical force through laws on bonded labour, human trafficking and child labour. 15 October 2026

Key Takeaways

• The Right Against Exploitation consists of Article 23, which bans human trafficking, begar and forced labour, and Article 24, which bans child labour in hazardous employment.
• Article 23 protects every person, citizen or non-citizen, and operates against private individuals as well as the State.
• The Supreme Court in People’s Union for Democratic Rights v. Union of India (1982) held that paying workers less than the minimum wage amounts to forced labour under Article 23.
• The Bonded Labour System (Abolition) Act, 1976 declared the bonded labour system abolished and cancelled all bonded debts.
• Article 24 prohibits the employment of any child below 14 years in a factory, mine or other hazardous employment, and the 2016 amendment to the child labour law bars the employment of children under 14 in all occupations, with limited exceptions.
• Article 23 allows the State to impose compulsory service for public purposes, such as national service, as long as it does not discriminate on grounds of religion, race, caste or class.

What is the Right Against Exploitation in India?

The Right Against Exploitation in India is the Fundamental Right contained in Articles 23 and 24 that protects individuals from human trafficking, forced labour and child labour in hazardous work. It reflects the Constitution’s commitment to human dignity and to ending economic and social servitude.

At the time of the Constitution’s drafting, practices such as begar, a system where landlords or rulers forced peasants and labourers to work without wages, and bonded labour to repay debts were widespread. Trafficking of women and girls and the use of children in factories and mines were also common. The framers included these two articles to give the abolition of such practices constitutional status.

The right sits in Part III alongside the Right to Equality, the Right to Freedom, the Right to Freedom of Religion, Cultural and Educational Rights and the Right to Constitutional Remedies. It is closely connected with the Directive Principles in Article 39, which direct the State to ensure that the health and strength of workers and the tender age of children are not abused.

What does Article 23 prohibit?

Article 23 prohibits traffic in human beings, begar and other similar forms of forced labour, and it declares that any contravention of this provision shall be an offence punishable in accordance with law. The prohibition covers both direct forced labour and trafficking for exploitation.

Article 23 contains two clauses. Clause (1) lays down the prohibition itself. Clause (2) clarifies that nothing in the article prevents the State from imposing compulsory service for public purposes, provided that in doing so the State does not discriminate on grounds only of religion, race, caste or class or any of them. Compulsory military service or social service in times of need are examples of permitted public-purpose obligations.

The article is available to all persons, not just citizens. Under Article 35, only Parliament, and not State legislatures, has the power to make laws punishing the acts that Article 23 prohibits, so that the punishment is uniform throughout India.

What is traffic in human beings under Article 23?

Traffic in human beings under Article 23 means the buying, selling, transporting or exploitation of persons, including women, men and children, for purposes such as sexual exploitation, forced labour, servitude or slavery. The Supreme Court has said the term includes trafficking of women and children for immoral purposes.

Parliament has enacted the Immoral Traffic (Prevention) Act, 1956, originally called the Suppression of Immoral Traffic in Women and Girls Act, to prevent trafficking for commercial sexual exploitation. The Criminal Law (Amendment) Act, 2013 introduced a broad offence of trafficking of persons into the Indian Penal Code through a new Section 370. The Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita, 2023, which came into force on 1 July 2024 and continues to treat trafficking of persons as a serious offence.

Other laws and measures that support this part of Article 23 include the Juvenile Justice (Care and Protection of Children) Act, 2015, which protects trafficked children, and the Protection of Children from Sexual Offences Act, 2012. India has also signed international instruments against trafficking, including the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

What are begar and forced labour?

Begar is a form of forced labour in which a person is compelled to work without any payment, while forced labour in the wider sense means any labour obtained by force, compulsion or economic necessity that leaves no real choice to the worker. Both are banned by Article 23(1).

The Supreme Court gave a broad meaning to “forced labour” in People’s Union for Democratic Rights v. Union of India (1982), known as the Asiad Workers case. The Court held that the words “other similar forms of forced labour” cover any labour obtained by force, including where a person works because of economic distress, and that payment of less than the minimum wage is also a violation of Article 23. In Sanjit Roy v. State of Rajasthan (1983), the Court applied the same principle to workers on a State famine relief project paid below the minimum wage.

The ruling shifted the focus from physical compulsion to the circumstances that remove a worker’s genuine choice. It meant that public authorities, as well as private employers, can violate Article 23 by paying workers less than the legal minimum or by employing them in conditions that leave them without a real alternative.

What is bonded labour and how is it abolished?

Bonded labour is a system in which a person works to repay a debt or advance, often at little or no wages and with limited freedom to leave, and it was abolished in India by the Bonded Labour System (Abolition) Act, 1976. The Act extinguished all bonded debts and freed all bonded labourers from the obligation to work.

The Act makes it an offence to compel any person to render bonded labour and to advance bonded debt. Its main features are as follows.

• It declares the bonded labour system abolished and frees every bonded labourer from any obligation to render service.
• It cancels any liability to repay a bonded debt and protects the property of freed labourers from seizure.
• It empowers District Magistrates and officers designated by them to implement the law and to rehabilitate freed labourers.
• It provides for Vigilance Committees at the district and sub-divisional levels.
• It prescribes imprisonment of up to three years and a fine for violations.

In Bandhua Mukti Morcha v. Union of India (1984), the Supreme Court directed the State to identify, release and rehabilitate bonded labourers in stone quarries near Delhi and held that the right to live with human dignity under Article 21 is closely tied to Article 23. The Central Government has run a centrally sponsored scheme for the rehabilitation of bonded labourers since 1978, and it has been revised several times.

What does Article 24 say about child labour?

Article 24 says that no child below the age of 14 years shall be employed to work in any factory or mine or be engaged in any other hazardous employment. It is a complete prohibition for children in these settings and is a Fundamental Right that can be enforced directly in court.

The article does not ban all work by children. It targets factories, mines and hazardous occupations, which are the activities most likely to harm the health, safety and development of children. The age limit of 14 matches the age until which education is free and compulsory under Article 21A and the Right of Children to Free and Compulsory Education Act, 2009.

The Constitution’s Directive Principles reinforce Article 24. Article 39(e) and (f) direct the State to protect the tender age of children from abuse and to ensure that they are given opportunities to develop in conditions of freedom and dignity. Article 51A(k) imposes a duty on parents and guardians to provide educational opportunities to children between six and fourteen years.

How does Indian law regulate child labour?

Indian law regulates child labour mainly through the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, which prohibits the employment of children below 14 years in all occupations and processes, with limited exceptions, and bars adolescents aged 14 to 18 from hazardous work. The 1986 law was originally called the Child Labour (Prohibition and Regulation) Act and was substantially amended in 2016.

The 2016 amendment allows a child to help in a family enterprise, other than hazardous work, or work as a child artist in the audio-visual entertainment industry, but only after school hours or during vacations and subject to safeguards. It also increased penalties for employers, with imprisonment of six months to two years or a fine, or both, for employing a child, and higher penalties for repeat offences.

Sector-specific laws also restrict child labour, including the Factories Act, 1948, the Mines Act, 1952 and the Beedi and Cigar Workers (Conditions of Employment) Act, 1966. In M.C. Mehta v. State of Tamil Nadu (1996), the Supreme Court dealt with child labour in the match and fireworks industry of Sivakasi, directed that offending employers pay compensation for each child employed, and ordered the creation of a rehabilitation and welfare fund.

How is the Right Against Exploitation enforced?

The Right Against Exploitation is enforced through writ petitions to the Supreme Court under Article 32 and the High Courts under Article 226, and through criminal and labour laws implemented by district authorities. Any person acting in the public interest can also approach the courts on behalf of victims through public interest litigation.

The Court has accepted letters and social-action petitions from groups and journalists as public interest litigation, particularly in cases involving bonded labour and child labour. This approach allowed victims who could not afford lawyers to obtain relief.

On the administrative side, District Magistrates, labour inspectors, Vigilance Committees and Child Welfare Committees play important roles in releasing victims and rehabilitating them. The Commission for Protection of Child Rights Act, 2005 established the National Commission for Protection of Child Rights (NCPCR) and State commissions to monitor child rights. India ratified the International Labour Organization Conventions on the Minimum Age (No. 138) and the Worst Forms of Child Labour (No. 182) in 2017.

Why does the Right Against Exploitation matter?

The Right Against Exploitation matters because it extends constitutional protection to people who are most vulnerable to being treated as property or cheap labour, such as the poor, migrants, women and children. It also links the law on dignity, wages and education into one framework.

Child labour has declined over the decades, but it has not disappeared. The 2011 Census recorded roughly ten million working children aged 5 to 14, and bonded labour continues to be identified and released in agriculture, brick kilns, quarries and other sectors. These figures show why the constitutional promise needs sustained enforcement, education access and social protection.

Because Articles 23 and 24 operate against private employers, they allow courts and authorities to act on conditions inside factories, farms and homes, not only in government offices.

Bottom Line

The Right Against Exploitation in Articles 23 and 24 bans human trafficking, begar, forced labour and hazardous child labour. Backed by the Bonded Labour System (Abolition) Act, 1976, anti-trafficking laws and the child labour law, it gives courts and officials the tools to free and rehabilitate victims and to punish exploiters.

Frequently Asked Questions

Which articles cover the Right Against Exploitation?

The Right Against Exploitation is covered by Articles 23 and 24 of the Indian Constitution. Article 23 prohibits traffic in human beings, begar and forced labour, while Article 24 prohibits the employment of children below 14 years in factories, mines and hazardous work.

Does Article 23 apply to private individuals?

Yes, Article 23 applies to private individuals as well as the State. The Supreme Court has held that the prohibition on trafficking and forced labour protects people against exploitation by anyone, which makes Article 23 an exception to the general rule that Fundamental Rights operate only against the State.

What is the minimum age for employment under Article 24?

The age mentioned in Article 24 is 14 years, because no child below 14 can be employed in a factory, mine or hazardous employment. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, as amended in 2016, goes further by prohibiting the employment of children below 14 in all occupations, with limited exceptions.

Is paying less than the minimum wage forced labour?

Yes, according to the Supreme Court, paying less than the minimum wage can amount to forced labour under Article 23. In People’s Union for Democratic Rights v. Union of India (1982), the Court held that a person who works for less than the legal minimum wage because of economic need is subjected to forced labour.

What is the Bonded Labour System (Abolition) Act, 1976?

The Bonded Labour System (Abolition) Act, 1976 is the law that abolished bonded labour in India. It freed all bonded labourers, cancelled their debts, made the bonded labour system a punishable offence and provided for Vigilance Committees and rehabilitation of freed workers under the supervision of District Magistrates.

Can the State compel citizens to do compulsory service?

Yes, the State can impose compulsory service for public purposes under Article 23(2). The condition is that the State must not discriminate on grounds only of religion, race, caste or class when imposing such service, so a measure such as compulsory national service must apply fairly.

{“@context”:”https://schema.org”,”@graph”:[{“@type”:”FAQPage”,”mainEntity”:[{“@type”:”Question”,”name”:”Which articles cover the Right Against Exploitation?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”The Right Against Exploitation is covered by Articles 23 and 24 of the Indian Constitution. Article 23 prohibits traffic in human beings, begar and forced labour, while Article 24 prohibits the employment of children below 14 years in factories, mines and hazardous work.”}},{“@type”:”Question”,”name”:”Does Article 23 apply to private individuals?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”Yes, Article 23 applies to private individuals as well as the State. The Supreme Court has held that the prohibition on trafficking and forced labour protects people against exploitation by anyone, which makes Article 23 an exception to the general rule that Fundamental Rights operate only against the State.”}},{“@type”:”Question”,”name”:”What is the minimum age for employment under Article 24?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”The age mentioned in Article 24 is 14 years, because no child below 14 can be employed in a factory, mine or hazardous employment. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, as amended in 2016, goes further by prohibiting the employment of children below 14 in all occupations, with limited exceptions.”}},{“@type”:”Question”,”name”:”Is paying less than the minimum wage forced labour?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”Yes, according to the Supreme Court, paying less than the minimum wage can amount to forced labour under Article 23. In People’s Union for Democratic Rights v. Union of India (1982), the Court held that a person who works for less than the legal minimum wage because of economic need is subjected to forced labour.”}},{“@type”:”Question”,”name”:”What is the Bonded Labour System (Abolition) Act, 1976?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”The Bonded Labour System (Abolition) Act, 1976 is the law that abolished bonded labour in India. It freed all bonded labourers, cancelled their debts, made the bonded labour system a punishable offence and provided for Vigilance Committees and rehabilitation of freed workers under the supervision of District Magistrates.”}},{“@type”:”Question”,”name”:”Can the State compel citizens to do compulsory service?”,”acceptedAnswer”:{“@type”:”Answer”,”text”:”Yes, the State can impose compulsory service for public purposes under Article 23(2). The condition is that the State must not discriminate on grounds only of religion, race, caste or class when imposing such service, so a measure such as compulsory national service must apply fairly.”}}]}]}