Articles 23 and 24 of the lndian Constitution are wide enough to encompass various aspects of rights of labourers - Discuss.

Question: Articles 23 and 24 of the lndian Constitution are wide enough to encompass various aspects of rights of labourers - Discuss.

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Answer

Yes, Articles 23 and 24 of the Indian Constitution are indeed wide enough to encompass various aspects of the rights of labourers. These articles are part of the fundamental rights enshrined in the Constitution and aim to protect the basic rights of workers in India.

Article 23 prohibits the trafficking of human beings, forced labour, and other similar forms of exploitation. This provision is crucial in protecting the dignity and freedom of individuals. It ensures that no person can be compelled to work against their will or subjected to any kind of involuntary servitude. This article also prohibits the employment of children below the age of 14 years in any factory or mine or any other hazardous occupation.

On the other hand, Article 24 prohibits the employment of children below the age of 14 years in any factory, mine or hazardous employment. This article aims to protect the health and safety of children who are often forced to work in harsh and dangerous conditions. It is also a significant step towards eradicating child labour in India.

These provisions give the Indian government wide powers to regulate and enforce laws to prevent human trafficking and forced labour, as well as protect children from exploitation in hazardous work environments. The government can make laws, set up regulatory bodies, and impose penalties for those who violate these provisions. Additionally, these provisions provide a framework for advocacy groups to work towards ending these forms of exploitation and promoting the rights and dignity of all individuals.

Some of the landmark judgments related to these Articles:

1. Bandhua Mukti Morcha v. Union of India, (1984 AIR 802): In this case, the Supreme Court held that bonded labour is a violation of Article 23 of the Indian Constitution, which prohibits trafficking in human beings and forced labour. The court also issued guidelines for the rehabilitation of bonded labourers.

2. State of Rajasthan v. Union of India, [1978 SCR(1)1]: In this case, the Supreme Court held that the prohibition of child labour under Article 24 of the Constitution is absolute and cannot be compromised for any reason. The court also directed the government to take strict measures to prevent child labour in all forms

Together, these articles provide a comprehensive framework for the protection of the rights of labourers in India. They ensure that labourers are not exploited or forced to work against their will and that children are not employed in hazardous occupations. Additionally, several other laws and regulations complement these provisions and further strengthen the rights of labourers.

For example, the Minimum Wages Act, 1948, the Trade Unions Act, 1926, and the Industrial Disputes Act, 1947, provide additional protections to labourers in terms of their wages, working conditions, and the right to form and join trade unions.

Together, these articles play a crucial role in protecting the fundamental rights of citizens, particularly the vulnerable sections of society, such as children and marginalized communities. They ensure that every individual is entitled to basic human rights and freedoms, and are a crucial part of India's commitment to building a just and equitable society.

Overall, Indian Constitution recognizes the importance of protecting the rights of labourers and provides a strong foundation for ensuring that they are not exploited or mistreated. However, there is still a long way to go in terms of fully realizing these rights and ensuring that all workers are treated fairly and equitably.

Both of these Articles (23 & 24) aim to protect the rights of vulnerable sections of society and prevent exploitation. They reflect the Indian Constitution's commitment to social justice and the welfare of its citizens.

Important Mains Questions Series for Judiciary, APO & University Exams

1. Constitutional Law Mains Questions Series Part-I
2. Constitutional Law Mains Questions Series Part-II
3. Constitutional Law Mains Questions Series Part-III
4. Constitutional Law Mains Questions Series Part-IV
5. Constitutional Law Mains Questions Series Part-V
6. Constitutional Law Mains Questions Series Part-VI
7. Constitutional Law Mains Questions Series Part-VII
8. Constitutional Law Mains Questions Series Part-VIII
9. Constitutional Law Mains Questions Series Part-IX
10. Constitutional Law Mains Questions Series Part-X