Apna Gyaan

Right Against Exploitation!!! In previous posts, we have studied Right to Equality and Right to Freedom. So, now, we have reached till Article 12-22 of the Indian Constitution.

So, guys, have you ever thought about how many ways exploitation takes place in our society? Let’s have some very often seen examples,

• You might have seen a small child working in a tea shop.
• A poor and illiterate person being forced to work in the household of a rich person.

Traditionally, the Indian society has been hierarchical that has encouraged exploitation in many forms. Which is why the Constitution makes Rights against exploitation.

Right Against Exploitation

So, the Indian Constitution provides provisions to protect rights against exploitation. In this post, we shall discuss Constitutional Provisions related to Right Against Exploitation.

Article 23

Prohibition of Traffic in Human Beings and forced Labour.

So, Article 23 of the Indian Constitution prohibits,

• Traffic in human beings (selling or buying human),
• Begar (forced labour) and
• Other similar forms of forced labour.

Any breach of this provision shall be an offence punishable in accordance with the law.

The expression ‘traffic in human beings’ include,

• Selling and buying of men, women, and children like goods,
• Immoral traffic in women and children, including prostitution and
• Devadasi.

Article 24

Prohibition of employment of children in factories,etc.

So, this article prohibits the employment of children below the age of 14 years in any factory, mine or other hazardous activities like construction work or railway.

This right aims at eliminating one of the most serious problems, Child labour, that India has been facing since ages.

But as shown in the diagram above, in spite of the rights against exploitation constitutional provision, the problem of child labour is still continuing at many places.

The Child Labour (Prohibition and Regulation) Act, 1986, is the most important law in this direction. In August 2012, the Union cabinet approved a proposal to completely ban the employment of children below 14 years in all occupations and processes.

Right to Freedom of Religion

The Preamble of India declares,

To secure to all its citizen’s liberty of belief, faith, and worship.

-Preamble of Indian Constitution.

Since India is a multi-religion country. It gave birth to the three pious religions of the world, Buddhism, Sikhism, Jainism.

So, as we know in India Hindus, Muslims, Sikhs, Christians and many other communities live together. And the Constitution declares India as a ‘Secular State’.

It means that the Indian State has no religion of its own. But it allows full freedom to all the citizens to have faith in any religion. And also to worship, the way they like.

Article 25

Freedom of conscience and free profession, practice and propagation of religion.

It says,

• All persons are equally entitled to freedom of conscience and
• The right to freely profess, practice and propagate religion.

But it does not mean that one can force another person to convert his/her religion by force. So, it is clear that Article 25 covers not only religious beliefs but also religious practices (doctrines).

Article 26

Freedom to Manage Religious Affairs.

It says that every religious denomination or every religious group or any section thereof shall have the right to,

• Establish and maintain institutions for religious and charitable purposes,
• Manage its own affairs in matters of religion,
• Own and acquire movable and immovable property and
• Administer such property in accordance with the law.

Article 27

Freedom from Taxation for promotion of a Religion

It lays down,

• No person shall be compelled to pay any taxes for promotion or maintenance of any particular religion or religious sect.
• The state should not spend the public money collected by way of tax for promotion or maintenance of any particular religion.

Article 28

Freedom from Attending Religious Instruction.

No religious instruction shall be provided in any educational institution wholly maintained by state funds.

So, this provision not applicable to an educational institution established by any trust.

Cultural and Educational Rights

India is the largest democracy in the world having a diversity of cultures, scripts, languages, and religions. As we know democracy is a rule of the majority.

Therefore, the protection of language, culture, and religion of minorities becomes essential. So that the minorities may not feel neglected or undermined under the impact of the majority rule.

Article 29

Protection of Interest of Minorities.

It provides,

• Any minority group having a distinct language, script or culture of its own shall have the right to conserve the same. Like, Gurumukhi Script of Sikh religion.
• No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

It grants protection to both religious minorities as well as linguistic minorities.

Article 30

Right of Minorities to Establish and Administer Educational Institutions

It grants the following rights to the minorities, whether religious or linguistic,

• All Minorities shall have the right to establish and administer educational institution of their choice.
• In granting aid, the state shall not discriminate against any educational institution managed by a minority.

Significance of Fundamental Rights

1. They form the bedrock of the democratic system in India.
2. Provides necessary conditions for the material and moral protection of man.
3. Serve as a formidable bulwark of individual liberty.
4. Facilitate the establishment of rule of law.
5. Protect the interests of minorities and weaker sections of society.
6. They strengthen the secular fabric of India.
7. Check the absoluteness of the authority of government.
8. Lay down the foundation stone of social equality and social justice.
9. They ensure the dignity and respect of individuals.
10. Facilitate the participation of people in the political and administrative process.

So, this was about the Right Against Exploitation and Rights for Minority groups. In the next upcoming post, we shall read about Armed Forces Rights.

Thanks and Stay Civilised. 😊