Exploitation is a basic violation of the Indian Constitution’s Preamble and Article 39’s Directive Principle of State Policy, which encourages economic equity between individuals. Exploitation is the improper use of coercion to obtain another person’s services.

Human integrity is guaranteed by the right against exploitation, which is protected by Articles 23 and 24 of the Indian Constitution. preserving the freedom and human respect that the Indian Constitution was founded on. Indian constitution has specific safeguards to prevent the exploitation of weaker groups of society in order to protect against discrimination and foster personal liberty. It has been mentioned under Articles 23 and 24.

• Article 23: This Article prohibits beggars, labour by force and other similar kinds of human trafficking. Any infringement of this clause will result in legal sanctions.
• Article 23 (1) prohibits Traffic in human beings and begar and other similar forms of forced labour are forbidden, and anyone found in violation of this rule faces the legal penalities.
• Article 23 (2) nothing in this article shall prevent State from imposing compulsory service for public purpose, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste, or class or any of them.

An exception is made for compulsory service for public purpose, under clause (2) Although clause (2) does not say so, obviously the imposition of such service has to be by law, as a mere executive order of the State would,d not suffice for the purpose. It has been held that even if remuneration is paid for the labour still, if it is ‘forced’, then it is unconstitutional.

Article 35 – Empowers the parliament to make laws for punishing one who violates Article 23.

Article 24:Prohibition of employment of children in factories, etc. it means No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

A nation’s destiny lies in its children. Every country has a duty to provide for the health, nutrition, and education of its children in order to guarantee that they have a bright future. As a result, they will be able to develop into capable adults who will eventually advance and develop the nation as a whole. Article 24 is therefore interpreted in conjunction with Article 39(e) and Article (f).

Article 24 of the Indian Constitution Features

• Under this Article, it is against the law to employ minors in dangerous jobs under the age of 14 when viewed in conjunction with Article 39(e) (f).
• It guarantees the well-being and protection of youngsters.
• Article 39, places a responsibility on the State to make sure that kids are not mistreated or made to work in dangerous jobs out of necessity.
• It does not forbid using kids for constructive work.

Case Laws:

Deena v. Union of India, AIR 1983 SC 1155.Court held that if a prisoner is forced to do labour without giving him any remuneration, it is deemed to be forced labour and is violative of Article 23 of the Indian Constitution. This is because the prisoners are entitled to receive reasonable wages for the labour they did.

Dulal Samanta v. D.M., Howrah, AIR 1958 Cal. 365, the petitioner was served with a notice appointing him as a special police officer for a period of three months. He complained that this violated his fundamental right as it results in “forced labour”

The Court disregarded his appeal and held that conscription for services of police cannot be considered as either:

(i) beggar; or

(ii) traffic in human beings; or

(iii) any similar form of forced labour.

Hence, the notice given for the appointment of a person as a special police officer is not in prohibition to Article 23.

Traffic in human beings includes devadasis it was held in vishal Jeet Vs. Union of India AIR 1990 SC 1412

The Supreme Court has issued elaborate guidelines to Child labour. Child labour shall not be engaged in hazardous employment. there shall be set up child labour rehabilitation welfare fund in which offending employer should deposit 20,000. Adult member of such child should be given employment M. C Mehta Vs/. State of Tamil Nadu AIR 1997 SC 699.

Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802. The Court laid down guidelines for determination of bonded labourers and also provided that it is the duty of the state government to identify, release and rehabilitate the bonded labourers. It was held that any person who is employed as a bonded labour is deprived of his liberty. Such a person becomes a slave and his freedom in the matter of employment is completely taken away and forced labour is thrust upon him. It was also held that whenever it is shown that a worker is engaged in forced labour, the Court would presume he is doing so in consideration of some economic consideration and is, therefore, a bonded labour. This presumption can only be rebutted against by the employer and the state government if satisfactory evidence is provided for the same.

Conclusion;

Since the beginning of time, the powerful have abused the helpless. Exploitation is a widespread practise throughout much of India as well. In many parts of the nation, the upper castes and wealthier classes were taking advantage of the “untouchables” in various ways. For instance, many Bangladeshi and Nepali migrants are subjugated to forced labour in many sectors in India, such as brick kilns, carpet weaving, embroidery, etc. This is evident in the way that companies enlist them through fraud and debt servitude. Such abuse needs to end.