New concept of equality

Article 14 of the Indian Constitution guarantees the right to equality and provides that "the
State shall not deny to any person equality before the law or the equal protection of the laws
within the territory of India." Over time, the concept of equality under Article 14 has evolved
significantly through judicial interpretations, leading to more nuanced understandings. Here
are some key developments in the concept of equality under Article 14:

1. Equality Before the Law vs. Equal Protection of the Laws

 Equality Before the Law: This means that every individual, irrespective of their
status or position, is subject to the jurisdiction of ordinary courts. No one is above the
law.
 Equal Protection of the Laws: This principle focuses on the idea that the laws
should be applied equally to all individuals who are similarly situated. However, it
allows for classification if the differentiation is reasonable and based on an intelligible
differentia (distinction) and a rational nexus to the objective of the legislation.

2. Reasonable Classification (Rational Classification)

One of the key concepts developed under Article 14 is that of "reasonable classification." The
Supreme Court has held that the law can treat different people differently, but such
classification must:

 Be based on an intelligible differentia (a distinct characteristic or basis of

classification),
 Have a rational nexus to the objective that the law seeks to achieve.

For instance, laws that create distinctions based on reasonable grounds like age, gender, or
socio-economic status are permissible if the classification is justifiable and aimed at
achieving a legitimate goal.

3. Substantive Equality vs. Formal Equality

The traditional interpretation of Article 14 emphasized formal equality, which means equal
treatment for all. However, modern jurisprudence has embraced the idea of substantive
equality. This means that the state may need to take affirmative action or implement special
measures for disadvantaged or marginalized groups to bring them on par with more
privileged sections of society.

 Affirmative Action: The concept of affirmative action or positive discrimination is

based on the idea that equal treatment in itself may not achieve real equality unless
social, economic, and historical disadvantages are addressed. For example,
reservations in education, employment, and legislature for Scheduled Castes,
Scheduled Tribes, and Other Backward Classes are designed to rectify past injustices
and ensure a level playing field.
4. Dynamic Interpretation

The scope of Article 14 has expanded over time due to its dynamic interpretation by the
judiciary. In various rulings, the courts have emphasized that equality under Article 14 must
reflect the changing realities of society and the aspirations of marginalized sections of
society.

 The right to equality has been extended to various areas beyond mere non-
discrimination, such as economic, social, and political equality.
 Courts have also expanded the concept of equality to include procedural fairness,
ensuring that laws and their enforcement are not only fair in intent but also in their
application.

Judicial interpretation on equality

Judicial interpretation of Article 14 of the Indian Constitution has been pivotal in shaping the
concept of equality in India. Over the years, the Supreme Court has developed nuanced
principles regarding equality, addressing both formal equality (equality before the law) and
substantive equality (ensuring real equality through corrective measures). Below are some
landmark rulings that have shaped the judicial interpretation of equality under Article 14:

1. State of West Bengal v. Anwar Ali Sarkar (1952)

 Key Principle: Arbitrary Classification is Unconstitutional

 In this case, the Supreme Court held that the state cannot make arbitrary
classifications and must have a reasonable basis for distinguishing between different
classes. The Court struck down a provision of the West Bengal Special Courts Act,
1950, that allowed the government to set up special courts for particular cases. The
classification was deemed arbitrary and violated the principle of equality.
 Significance: This judgment emphasized that any classification made by the state
must not be arbitrary but must have a reasonable and rational basis.

2. K. K. Verma v. Union of India (1954)

 Key Principle: Equality Does Not Mean Identical Treatment

 In this case, the Court explained that the doctrine of equality does not mean that
identical treatment must be given to all individuals or groups. It held that reasonable
classification is permissible as long as it is based on an intelligible differentia and
bears a rational relation to the objective sought to be achieved.
 Significance: The judgment reinforced the principle of reasonable classification and
highlighted that equal treatment does not require treating everyone identically, but
rather equitably, based on different circumstances.

3. Maneka Gandhi v. Union of India (1978)

 Key Principle: Right to Life and Personal Liberty Includes Fairness

  The Supreme Court expanded the scope of Article 14 in this case. It ruled that Article
14 applies not only to laws that are discriminatory but also to the procedure laid down
by law, thereby linking it with Article 21 (right to life and personal liberty). The
Court emphasized that laws affecting personal liberty must be reasonable and not
arbitrary.
 Significance: This case highlighted the substantive equality principle, focusing on
fairness and justice rather than mere formal equality. The judgment also extended the
interpretation of due process and the need for laws to be just, fair, and reasonable.

4. E.P. Royappa v. State of Tamil Nadu (1974)

 Key Principle: Equality Requires Fair and Just Treatment

 In this landmark decision, the Supreme Court observed that equality is not merely
about equal treatment but also involves ensuring that individuals who are similarly
situated are treated alike. The Court elaborated on substantive equality by
introducing the notion that equality includes a sense of fairness and justice.
 Significance: The judgment emphasized the principle of substantive equality,
arguing that laws or actions that result in unfair treatment are not consistent with the
spirit of equality, even if they appear to treat everyone equally.

5. Minerva Mills Ltd. v. Union of India (1980)

 Key Principle: Balance Between Fundamental Rights

 In this case, the Supreme Court dealt with the conflict between Article 14 (equality)
and Article 39(b) and (c) (Directive Principles of State Policy). The Court
emphasized that equality should not be seen in isolation but should be balanced with
the objectives of social justice and welfare.
 Significance: The case underscored that equality does not mean the mere absence of
discrimination but should align with the larger goal of achieving social and economic
justice.

Judicial interpretation of Article 14 has evolved significantly, shifting from a formal,

procedural understanding of equality to a more substantive approach. The Indian judiciary
has increasingly recognized the need for affirmative action, social justice, and procedural
fairness in ensuring equality, not just in a legal sense but in a broader, societal context. The
Court's rulings have consistently reinforced the idea that laws or actions that result in
arbitrary or unjust discrimination are unconstitutional, even if they do not violate the letter of
the law. Equality under Article 14, therefore, is not just about equal treatment, but also about
fairness, justice, and ensuring that everyone has equal access to opportunities and rights.

PRE-CONSTITUTIONAL and post constituitional LAWS

There were several laws and actions passed by the British government while India was
ruled by the British. The East India Company lay the cornerstone for its successful
operation on the Indian Subcontinent with the Regulating Act of 1773. The Indian
Independence Act, which went into effect on August 15, 1947, also signalled the end of
British rule in India.
•Regulating Act of 1773
The British viewed this phase, which was already covered above, to be the first step in
running the East India Company’s activities in India. As governor general, the governor
of Bengal was chosen. First Bengali governor-general was Warren Hastings. There was
no distinct legislative council; instead, a four-member executive council of the governor-
general was constituted.
The corporation created the Supreme Court as the supreme court in Fort William
(Calcutta) in 1774. The measure made it illegal for the company’s employees to engage
in any type of business activity, including receiving bribes.
•Pitt’s India Act of 1784
The primary purpose of this action is to distinguish between the company’s economic
and political actions. The board of directors was tasked with making decisions on the
company’s commercial activity, while the court of directors was responsible for
approving its political affairs. The council was now down to three members as a result of
this action. The statute directly gave the British Government authority over Indian Affairs.
India-administered Company area became known as “The British possession in India.”
In Bombay and Madras, governor’s councils were constituted.
•Charter Act of 1813
The Charter Act of 1813 ended the company’s monopoly over trade with India, making it
possible for any British subject to engage in business there.
•Charter Act of 1833
The Bengal Governor-General was promoted to the position of Governor-General of
India. The first Governor-General of India was Lord William Bentick. In British India, the
Charter Act of 1833 was seen as the beginning of centralization. The legislation
established the central legislature and removed the legislative authority of the provinces
of Bombay and Madras. The East India Company’s status as a business organisation
was terminated by the Act, which changed it into a wholly administrative organisation.
POST-CONSTITUTIONAL LAWS
Post-constitutional laws are those that came into force after the Constitution of India,
1950, was passed. Post-Constitutional Laws encompass any statutes that came into
force on or after January 26, 1950. Before the constitution was created, laws like the
Indian Penal Code, the Police Act of 1861, and even the Societies Registration Act of
1860 were implemented during the British rule and are still obeyed to this day. These are
a handful of the significant pre-constitutional laws that are still in effect with the
necessary modifications.
*IPC – Indian Penal Code
Under Lord Macaulay’s direction, the first law commission created the Indian Penal
Code. IPC has received a lot of praise throughout time, despite having a number of flaws
when it was first implemented. There have been a number of changes made to the IPC
that will be examined in order to close the legal gaps that still existed and further adapt
the legislation to the evolving needs of society.
•Amendment in IPC – Information Technology Act 2000
President K R Narayan approved and signed the IT Act during the 2000 budget session.
The introduction of internet technology led to the implementation of the IT legislation.
The IT act underwent numerous amendments even after it was passed. In 2008, the
definition of “Communication Device” was expanded to include mobile devices, holding
the owners of IP addresses accountable for offensive information.

Difference Between Pre-Constitutional and Post-Constitutional Laws:

1. Pre-Constitutional Laws (Laws before 26th January 1950):

 Article 13(1): These laws were in force before the Indian Constitution came into effect. If
they conflict with fundamental rights, they are void to the extent of that conflict.
 Doctrine of Eclipse: Pre-constitutional laws that violate fundamental rights are not
completely erased; they are just "eclipsed" (inactive) until amended to align with the
Constitution. They can become active again if changed to comply with the Constitution.
 Example: A law that restricted free speech before 1950 would be dormant after the
Constitution came into force, but could be revived if it was amended to follow the new rules.

2. Post-Constitutional Laws (Laws after 26th January 1950):

 Article 13(2): Laws made after the Constitution came into effect cannot violate fundamental
rights. If they do, they are completely void.
 There is no "eclipse" for post-constitutional laws. If such laws violate fundamental rights,
they are entirely struck down.

Key Doctrines:

1. Doctrine of Severability:
o If a part of a law violates fundamental rights, only that part is struck down, and the
rest of the law stays intact.
o This applies to both pre- and post-constitutional laws.

2. No Retrospective Effect:
o Pre-constitutional laws are only invalid from the date the Constitution came into
effect (26th January 1950). They cannot be challenged for actions that occurred
before this date.

Examples of Cases:

 Keshavan Madhava Menon v. State of Bombay (1951): A pre-constitutional law was found
void after the Constitution came into effect.
 Bhikaji v. State of Madhya Pradesh (1955): The Court said pre-constitutional laws that
violate fundamental rights are "eclipsed," but not fully erased.

Summary:

 Pre-Constitutional Laws are only eclipsed if they conflict with fundamental rights but are
not completely wiped out. They can be revived if amended.
 Post-Constitutional Laws that violate fundamental rights are completely void.
Discrimination is predominant in every civil society. No society is immune to discrimination.
From time immemorial, the Indian society has been compartmentalized, caste-ridden and
stratified with hierarchy. Historically and even today systematically, a particular segment of
the society being denied of the basic human rights by those claiming to be superior and
privileged. Whilst the extreme forms of discrimination include genocide, ethnic cleansing,
worst forms of slavery and legislated discrimination such as apartheid. Discrimination based
on caste, sex, race, religion, nevertheless pervasive and oppressive, includes prejudice and
social exclusion at the institutional level such as in schools, workplaces and the like are
everywhere without exceptionThe policy of protective discrimination is an endeavor to
achieve social justice in India. It aims at granting special privileges to the socially awkward
and underprivileged section of the society, most commonly the scheduled castes, scheduled
tribes, other backward classes, and women. These are the sections of people who often face
racial or caste-based discrimination through centuries by the privileged classes on account of
their differences based on sex, religion, place of birth, race, and most prominently based on
the institution called the caste system. Efforts had been made by the founding fathers of the
Constitution to address the malady through affirmative action. These actions are justifiably
enshrined in the Constitution of India as “Protective Discrimination”. Protective
Discrimination as an idea has been practicing by many civilized nations including developed
nations like the USA because of their dark history of racial discrimination. In India, the
Constitution of India through its various provisions guarantees the rights of the downtrodden
and underprivileged by way of reservations or quota in educational institutions, jobs, and
parliamentary privileges as well as command the legislatures to legislate special provisions
for their overall advancement. Explaining the concept of equality, the Supreme Court
in Marri Chandra Sekhar Rao v. Dean, Seth G.S Medical College[4], observed that, equality
must be a living reality for the people. Those who are unequal in status and
opportunity cannot be treated by identical standards.

CONSTITUTIONAL MANDATE

Article 15(3) enables the State to confer special rights to women,[6] and children. This
provision empowers the State to make special provisions and enactments in favor of women
and children for their all-round upliftment in the society. This provision is specially designed
to strengthen and improve the status of women.[7] Article 15(4) enables the State to make
special provisions for the improvement of socially and economically backward classes of
citizens specifically the Scheduled Tribes and Scheduled Castes. This provision was added in
the Constitution by the First Constitutional Amendment Act in 1951 as a result of the
decision given in State of Madras v. Champakam Dorairajan. It is important that the clause
(4) is an enabling provision and does not obligate the State to take any action under it.[8]
Article 15(5) was inserted in the Constitution in 2005 which enables the State to make
special provisions concerning the reservation of seats in educational institutions. This clause
enables the State to make special provisions for the advancement of socially and
educationally backward classes through the reservation of seats or quota whilst admission
into educational institutions, whether private, aided or unaided by the State. Claus (5) is
however not an exception but only makes a special application of the principle of reasonable
classification.

Article 16 - Equality of opportunity in public employment:

  Article 16(1): Guarantees equal opportunity in government jobs.
 Article 16(4): Permits the state to reserve jobs for backward classes.
 Article 16(4A): Allows reservations in promotions for SCs and STs.
 Article 16(6) (added in 2019): Allows for reservations for EWS in government jobs,
with a limit of 10% additional reservation

In Vishakha v. State of Rajasthan,[12]one another landmark judgment case in history,

the Supreme Court held that women have a fundamental right to freedom from sexual
harassment in the workplace. Equality Article 14 speaks for gender quality which
includes protection from sexual harassment and the right to work with dignity. Air
India v. Nargesh Meerza[13], known as the Air Hostesses case, Regulation 46 of Air
India was challenged. The impugned regulation stated that Air Hostess to retire from
services on attaining the age of 35 years or upon marriage, or on first pregnancy. The
Supreme Court struck down the regulation being unconstitutional. The Court
observed that such a cruel act is a straight insult to Indian womanhood and there
should be no reason that stands in the way of her continuing service. In Government
of A.P v. P.B Vijayakumar[14] explaining the objective of inserting clause (3) to
Article 15, the Supreme Court observed that, inserting the Clause is a realization of
the fact that for centuries, in this country women have been socially and economically
depressed. Hence, Clause (3) of Article 15was enacted for eliminating the
backwardness of women and also for empowering them.

Conclusion

The Indian Constitution provides equal rights but also recognizes the need for special
treatment for historically marginalized groups. This is done through protective
discrimination, which includes affirmative action like reservations in jobs and education.
The Constitution aims to correct historical injustices and create a more equitable society
through various provisions in Articles 14, 15, 16, and others.

Untouchability abolition article 17

Constitutional Provisions on Untouchability (Article 17)

Article 17 of the Indian Constitution deals with the abolition of untouchability and is a
crucial provision aimed at eradicating the practice of untouchability, which was historically
prevalent in Indian society, particularly in relation to the Scheduled Castes (SCs). The key
provisions are:

Text of Article 17:

 Article 17: Abolition of Untouchability

"Untouchability is abolished and its practice in any form is forbidden. The

enforcement of any disability arising out of untouchability shall be an offense
punishable in accordance with law."
Key Points of Article 17:

1. Abolition of Untouchability:
o Untouchability is officially abolished by the Constitution of India.
o It prohibits the practice of untouchability in any form, ensuring that no person
should be treated as inferior or restricted in any way because of their caste or social
status.

2. Ban on Practice:
o The practice of untouchability in any form, whether through social exclusion,
discrimination, or restrictions, is forbidden.
o This provision seeks to end discriminatory practices that were historically imposed
on lower castes, particularly the Dalits (formerly referred to as "untouchables").

3. Punishment for Violations:

o The enforcement of any disability arising out of untouchability (e.g., restrictions on
access to public spaces, discrimination in employment, education, etc.) is a
punishable offense.
o The law provides for penalties against individuals or institutions that continue to
engage in or enforce untouchability.

4. Legal Enforcement:
o To enforce the abolition of untouchability, the Untouchability (Offenses) Act of
1955 was passed, later amended to the Protection of Civil Rights Act in 1976,
making discrimination based on untouchability a punishable offense.

Significance of Article 17:

 Social Justice: Article 17 is a powerful tool for promoting social justice by outlawing the
centuries-old practice of untouchability, which was a form of institutionalized caste-based
discrimination.
 Empowerment of Dalits: It directly addresses the historical oppression of Dalits and other
marginalized communities, providing them with legal protection from social exclusion.
 Constitutional Safeguard: This provision provides a constitutional safeguard to people from
discrimination based on caste, ensuring equal treatment for all citizens, regardless of caste
or social standing.

Related Constitutional Provisions:

 Article 15(2): Prohibits discrimination on the grounds of caste in places of public worship,
public restaurants, hotels, and places of public entertainment.
 Article 46: Directs the State to promote the educational and economic interests of the
Scheduled Castes, Scheduled Tribes, and other weaker sections, and protect them from
exploitation and injustice.

Conclusion:

Article 17 is one of the most important provisions in the Indian Constitution as it abolishes
untouchability and makes it a punishable offense. This article represents the Constitution's
 commitment to eradicating caste-based discrimination and promoting equality for all
citizens, especially those from historically marginalized communities.

Case Laws
 In Devarajiah v. Padmanna (1961), the Supreme Court held that the purpose of Article 17 was
to end the inhuman practice of treating certain fellow beings as dirty by reason of their birth in
certain Castes.
In State of Karnataka v. Appa Balu Ingale (1993), the Supreme Court held that untouchability
was an indirect form of slavery and only an extension of the caste system. The Court
observed that Caste System and Untouchability have stood together and would fall
together.

Freedom of Assembly [Article 19(1)(b)]

It guarantees every citizen the right to assemble peacefully (without arms), Freedom of
Assembly [Article 19(1)(b)]

 It guarantees every citizen the right to assemble peacefully (without arms),

including the right to hold public meetings, demonstrations, and take-out processions.
 The following points are to be noted w.r.t. this right:
o This freedom can be exercised only on public land, and not on private land.
o The assembly must be peaceful and unarmed.
o Thus, this provision does not protect disorderly, violent, riotous assemblies,
one that causes a breach of public peace or one that involves arms.
o This right does not include the right to strike.
 Restrictions: Reasonable restrictions can be imposed by the state on the exercise of
the Right of Assembly on two grounds:
o Sovereignty and integrity of India,
o Public order including the maintenance of traffic in the area concerned.

Freedom of Association [Article 19(1)(c)]

 All citizens have the right to form associations, unions, cooperative societies, or
any other body of persons such as political parties, companies, partnership firms,
societies, clubs, organizations, trade unions, etc.
 The following points are to be noted w.r.t. Article 19(1)(c):
o This right includes the following:
a. the right to start an association or union
b. the right to continue with the association or union.
c. the negative right of not to form or join an association or union
o The right to obtain recognition of an association formed is not a
fundamental right.
o As held by the Supreme Court, the trade unions have no guaranteed right to
effective bargaining or right to strike or right to declare a lock-out.
 Restrictions: The state can impose reasonable restrictions on the exercise of this
right on the following grounds:
o sovereignty and integrity of India,
o public order and morality.
Freedom of Movement [Article 19(1)(d)]

 This freedom grants every citizen the right to move freely throughout the
territory of the country. One can move freely between the states or within a state.
 The freedom of movement has two dimensions:
o Internal – right to move inside the country
o External – right to move out of the country and right to come back to the
country.

It is to be noted that Article 19 protects only the first dimension of the freedom of
movement. Its second dimension is dealt with by Article 21 (The Right to Life and
Personal Liberty).

 Restrictions: The state can impose reasonable restrictions on this freedom on the
following two grounds:
o The interests of the general public. For example, the Supreme Court has
ruled that the freedom of movement of prostitutes can be restricted on the
grounds of public health and public morals.
o The protection of the interests of any scheduled tribe. For example, the
government restricts the entry of outsiders into tribal areas to protect the
distinctive culture, language, customs, and manners of scheduled tribes and
to safeguard their traditional vocation and properties against exploitation.

Freedom of Residence [Article 19(1)(e)]

 Every citizen has the right to reside and settle in any part of the territory of India.
 This right has two parts:
o the right to temporarily stay in any part of the country, i.e. staying at any place
temporarily
o the right to settle in any part of the country i.e. setting up a home or domicile
at any place permanently
 Restrictions: Reasonable restrictions can be imposed by the State on the exercise
of this right on the following two grounds:
o In the interest of the general public.
1. For example, the Supreme Court has held that certain kinds of persons
such as prostitutes and habitual offenders etc can be banned from entering
and residing in certain areas.
o The protection of the interests of any scheduled tribes.
1. For example, the government has restricted the right of outsiders to reside
and settle in tribal areas to protect the distinctive culture, language, customs,
and manners of scheduled tribes and to safeguard their traditional vocation
and properties against exploitation.

Freedom of Profession, etc [Article 19(1)(f)]

 All citizens are given the right to practice any profession or pursue any
occupation, trade, or business of their choice.
 The following points are to be noted w.r.t. this right:
o This right does not include the right to carry on a profession, business, trade,
or occupation that is immoral or dangerous.
1. Thus, activities like trafficking in children or dealing with harmful drugs are
not allowed under this right.
 o In relation to this right, the State is empowered to:
a. Prescribe that a technical or professional qualification is necessary for
practicing any profession or carrying on any occupation, trade, or business;
and
2. Carry on by itself any trade, business, industry, or service without taking
into consideration either complete or partial exclusion of citizens. This means
that no objection can be made when the State carries on a trade, business,
industry, or service either as a complete or partial monopoly to the exclusion
of citizens or in competition with any citizen.
 Restrictions: The State can impose reasonable restrictions on this right on the
grounds of the interest of the general public.

 including the right to hold public meetings, demonstrations, and take-out processions.
 The following points are to be noted w.r.t. this right:
o This freedom can be exercised only on public land, and not on private land.
o The assembly must be peaceful and unarmed.
o Thus, this provision does not protect disorderly, violent, riotous assemblies,
one that causes a breach of public peace or one that involves arms.
o This right does not include the right to strike.
 Restrictions: Reasonable restrictions can be imposed by the state on the exercise of
the Right of Assembly on two grounds:
o Sovereignty and integrity of India,
o Public order including the maintenance of traffic in the area concerned.

Freedom of Association [Article 19(1)(c)]

 All citizens have the right to form associations, unions, cooperative societies, or
any other body of persons such as political parties, companies, partnership firms,
societies, clubs, organizations, trade unions, etc.
 The following points are to be noted w.r.t. Article 19(1)(c):
o This right includes the following:
a. the right to start an association or union
b. the right to continue with the association or union.
c. the negative right of not to form or join an association or union
o The right to obtain recognition of an association formed is not a
fundamental right.
o As held by the Supreme Court, the trade unions have no guaranteed right to
effective bargaining or right to strike or right to declare a lock-out.
 Restrictions: The state can impose reasonable restrictions on the exercise of this
right on the following grounds:
o sovereignty and integrity of India,
o public order and morality.

Freedom of Movement [Article 19(1)(d)]

 This freedom grants every citizen the right to move freely throughout the
territory of the country. One can move freely between the states or within a state.
 The freedom of movement has two dimensions:
o Internal – right to move inside the country
o External – right to move out of the country and right to come back to the
country.
It is to be noted that Article 19 protects only the first dimension of the freedom of
movement. Its second dimension is dealt with by Article 21 (The Right to Life and
Personal Liberty).

 Restrictions: The state can impose reasonable restrictions on this freedom on the
following two grounds:
o The interests of the general public. For example, the Supreme Court has
ruled that the freedom of movement of prostitutes can be restricted on the
grounds of public health and public morals.
o The protection of the interests of any scheduled tribe. For example, the
government restricts the entry of outsiders into tribal areas to protect the
distinctive culture, language, customs, and manners of scheduled tribes and
to safeguard their traditional vocation and properties against exploitation.

Freedom of Residence [Article 19(1)(e)]

 Every citizen has the right to reside and settle in any part of the territory of India.
 This right has two parts:
o the right to temporarily stay in any part of the country, i.e. staying at any place
temporarily
o the right to settle in any part of the country i.e. setting up a home or domicile
at any place permanently
 Restrictions: Reasonable restrictions can be imposed by the State on the exercise
of this right on the following two grounds:
o In the interest of the general public.
1. For example, the Supreme Court has held that certain kinds of persons
such as prostitutes and habitual offenders etc can be banned from entering
and residing in certain areas.
o The protection of the interests of any scheduled tribes.
1. For example, the government has restricted the right of outsiders to reside
and settle in tribal areas to protect the distinctive culture, language, customs,
and manners of scheduled tribes and to safeguard their traditional vocation
and properties against exploitation.

Freedom of Profession, etc [Article 19(1)(f)]

 All citizens are given the right to practice any profession or pursue any
occupation, trade, or business of their choice.
 The following points are to be noted w.r.t. this right:
o This right does not include the right to carry on a profession, business, trade,
or occupation that is immoral or dangerous.
1. Thus, activities like trafficking in children or dealing with harmful drugs are
not allowed under this right.
o In relation to this right, the State is empowered to:
a. Prescribe that a technical or professional qualification is necessary for
practicing any profession or carrying on any occupation, trade, or business;
and
2. Carry on by itself any trade, business, industry, or service without taking
into consideration either complete or partial exclusion of citizens. This means
that no objection can be made when the State carries on a trade, business,
industry, or service either as a complete or partial monopoly to the exclusion
of citizens or in competition with any citizen.
  Restrictions: The State can impose reasonable restrictions on this right on the
grounds of the interest of the general public.

 ely necessary and imperative to abolish the caste system as expeditiously as possible for the
smooth functioning of the rule of law and democracy.

Right against exploitation ;Articles 23 and 24 of the Indian Constitution talk about Right
Against Exploitation, dignity and freedom of a person are inviolable. No one can be forced
into labour against their will. This article also talks about other forms of forced labour and
victims of human trafficking. Every Indian citizen needs to know about their rights
enshrined in the constitution so that they can fight for their rights if violated. In this article ,
we will discuss in detail all you need to know about Right Against Exploitation as enshrined
in the Indian Constitution.

What are the rights against exploitation?

The rights against exploitation are enshrined in Articles 23 and 24 of the Indian
Constitution. These articles guarantee the dignity and freedom of a person and prohibit
trafficking and other forms of forced labour.

What are the other forms of forced labour and exploitation?

Other forms of forced labour and exploitation include bonded labour, child labour, and
victims of human trafficking. All these forms of exploitation dignity and freedom of a
person. Let’s discuss them in detail

Bonded labourers:

Bonded labour is the most prevalent form of forced labour in India. It occurs when a
person pledges himself or herself against a loan. The person who takes the loan is not able
to repay it and is forced to work for the lender until the debt is paid off. This type of
labour often happens in the agricultural sector, where poor farmers take loans from
moneylenders and are then forced to work for them to repay the debt. This type of labour
is also found in the brick kiln industry, where the laborers work for long hours in factories
but are not paid at the end of the day.

Child labour:

Child labour is another form of forced labour that exists in India. It is defined as the
employment of children below the age of 14 years in economic activity that is hazardous
for children, for example working in a factory . According to the National Child Labour
Project, there are around 12.67 million child labourers in India. The majority of them are
found in the agricultural sector, followed by the manufacturing and service sectors.

Victims of human trafficking:

Human trafficking is a serious problem in India. According to the National Crime Records
Bureau, there were around 1714 cases of human trafficking reported in India in 2020. The
majority of the victims are women and children who are trafficked for sexual exploitation.
They are often lured with the promise of a better life and then sold into prostitution or
forced to work in the sex industry.

These are some of the most common forms of forced labour as highlighted in Indian laws
where the dignity and freedom of a person are infringed.

Judicial Pronouncement based on the right to exploitation

Sanjit Roy v/s the state of Rajasthan (1983): The court held that although the state has
employed the workers to console them from scarcity it does not mean that the state will
pay them less than the minimum wages as per the act.

Deena v/s Union of India: The court announced that if the prisoners are forced to do
labour works without paying them reasonable wages then it shall be considered as an
infringement of Articles 23 and 24 of the constitution. Also, the dignity and freedom of a
person are affected.

M.C Mehta v/s State of Tamil Nadu (1997): The petitioner (M.C Mehta) in this case took
a step forward against the child below age 14 years who were employed as labour in
factories in Tamil Nadu. The court asserted that it is against article 24 of the Indian
constitution. Any child below the age group of 14 years shall not be exposed to hazardous
working conditions and hence heavy compensation was paid by the industry.

People’s Union of Democratic Rights v/s UOI: The state employed children below 14
years in construction work. The court levied heavy compensation on the state and asked to
take immediate action to stop these types of exploitation.

Conclusion

That brings us to the end of this article on Right Against Exploitation under Articles 23
and 24 of the Indian Constitution. This article aims at protecting the dignity and freedom
of a person. As we discussed child labours, bonded labours, and victims of human
trafficking are the most common exploitation witnessed in India. However, there are
certain special laws made for labourers and children to protect their dignity and freedom.
We hope that you found this information useful and informative.