Right Against Exploitation: Article 23, 24 | Constitutional Law - CLAT PG PDF Download

Neeraja Chaudhary vs. State of Madhya Pradesh & Others (1984)

This case discusses the responsibility of the state in rehabilitating bonded labourers who were released but not properly rehabilitated, as highlighted by Neeraja Chaudhary.

Background

• Bonded labourers released in the case of Bandhua Mukti Morcha were not adequately rehabilitated.
• Neeraja Chaudhary brought this issue to the attention of the Supreme Court.
• It was argued that the state had a duty to rehabilitate these bonded labourers.

Supreme Court's Stance

• The Supreme Court emphasized that when a workman is forced to work for no or nominal remuneration, there is a presumption that he is a bonded labourer.
• This presumption can only be rebutted by the employer or the state government.

Importance of Rehabilitation

• The Court stressed the necessity of rehabilitating these labourers to prevent them from falling back into bondage.
• The responsibility for rehabilitation was placed entirely on the state.
• The Court directed the state to ensure rehabilitation within a month.

Social and Economic Conditions

• Releasing bonded labourers into the existing social and economic system without support was deemed cruel.
• The rural Indian context, where many labourers lack basic necessities like food, shelter, and water, was highlighted.

Constitutional Provisions

• The Court referenced Article 21 (Right to Life) and Article 23 (Prohibition of Traffic in Human Beings and Forced Labour) of the Constitution.
• It stressed the need for identification, release, and suitable rehabilitation of bonded labourers as a constitutional requirement.

Government Responsibility

• Failure to implement the Bonded Labour System (Abolition) Act by the government would violate Article 21 and Article 23.
• The Court underscored the importance of proper and suitable rehabilitation for freed bonded labourers.

International Perspective on Rights Against Exploitation

India, as a member of the United Nations, has committed to upholding the rights of children and laborers by ratifying various international conventions, including those from the International Labour Organisation (ILO). These efforts are in line with the principles outlined in the Universal Declaration of Human Rights (UDHR), which emphasizes the fundamental rights and dignity of all individuals.

India's Commitment to International Standards

• India is a member of the United Nations and has ratified numerous international conventions to protect the rights of children and laborers.
• The International Labour Organisation (ILO) Conventions are among the key international agreements that India has endorsed.

Universal Declaration of Human Rights (UDHR)

• The UDHR, to which India adheres, clearly states that all human beings are born free and equal in dignity and rights.
• Article 4 of the UDHR specifically prohibits slavery and servitude, emphasizing the importance of protecting individuals from exploitative practices.

UN Global Compact

The UN Global Compact outlines 10 principles derived from various conventions. Among these, four principles specifically focus on the rights of laborers:

Principle 3

• Businesses must uphold the freedom of association and the effective recognition of the right to collective bargaining.

Principle 4

• Abolition of all forms of forced labor and compulsory labor.

Principle 5

• Effective abolition of child labor.

Principle 6

• Elimination of all forms of discrimination in respect of occupation and employment.

International Labour Organisation (ILO)

• The ILO sets legally binding obligations for countries to ratify guidelines, uphold standard labour practices, and protect workers' rights. These guidelines aid in legislative and administrative measures for the protection and advancement of workers' interests.
• The main goal of the ILO is to establish a standard of work ensuring equal opportunities and treatment for men and women in the workforce.

Conventions Ratified by India

• Forced Labour Convention, 1930
• Abolition of Forced Labour Convention, 1957
• Equal Remuneration Convention, 1951
• Discrimination (Employment & Occupation) Convention, 1958
• Minimum Age Convention, 1973
• Worst Forms of Child Labour Convention, 1999

United Nations Convention on the Rights of the Child

The United Nations Convention on the Rights of the Child (UNCRC), adopted in 1989, is a crucial international treaty that recognizes the need for special care and protection for children due to their physical and mental immaturity. This convention aims to provide legal protection for children before and after birth, acknowledging that all individuals under the age of 18 are considered children. The UNCRC outlines fundamental rights for these children, including the right to life, survival, and development, as well as the right to education, protection against violence and abuse, self-expression, and maintaining relationships with their parents.

Protection Against Violence and Abuse

• Article 19 of the Convention on the Rights of the Child emphasizes the state's responsibility to protect children from all forms of physical and mental violence, injury or abuse, neglect, maltreatment, and exploitation.
• This includes measures to safeguard children from physical abuse and ensure their overall well-being.

Conclusion

Throughout history, the stronger segments of society have often taken advantage of the weaker sections. To address this imbalance, it is crucial to protect and uplift the vulnerable by providing them with equal opportunities across various areas, enabling them to empower themselves. Raising awareness about fundamental rights is vital to combat social evils, as the lack of awareness among these groups often leads to increased exploitation. Upholding human dignity and prohibiting forced labor and human trafficking are essential. Educating workers about their rights can help eliminate exploitative practices and contribute to the establishment of a welfare state.

Child Labour

• The presence of child labour in society is a significant curse, hindering the development and growth of the nation.
• The future of a country heavily relies on the health and development of its children. Child labour tarnishes and damages the potential future of a nation, posing a substantial barrier to its progress.
• Therefore, the effective implementation and awareness of laws against child labour are absolutely crucial.