Question 96 from UPSC CSE 2017 - Polity and
Governance

Question

Which of the following are envisaged by the Right against Exploitation in the Constitution of India?
1. Prohibition of traffic in human beings and forced labour
2. Abolition of untouchability
3. Protection of the interests of minorities
4. Prohibition of employment of children in factories and mines
Select the correct answer using the code given below:

IASCODEX · Accepted Answer

Correct Option: C. 1 and 4 only

Strategy: The question asks specifically for provisions under the 'Right against Exploitation'. You must recall that this right covers only two Articles: Article 23 and Article 24. Statement 1, 'Prohibition of traffic in human beings and forced labour', is the essence of Article 23. Statement 4, 'Prohibition of employment of children...', directly reflects Article 24. Statement 2, 'Abolition of untouchability', is Article 17, which falls under the 'Right to Equality'. Statement 3, 'Protection of the interests of minorities', relates to Articles 29 and 30, which constitute 'Cultural and Educational Rights'. Therefore, by identifying that statements 2 and 3 belong to different categories of Fundamental Rights, you can eliminate all options containing them, leaving only option C.

Key Info: ## Right against Exploitation (Articles 23-24)

This is one of the six fundamental rights provided by the Constitution of India. It aims to protect citizens from various forms of exploitation.

- **Article 23: Prohibition of traffic in human beings and forced labour**
  - This article prohibits trafficking in human beings, 'begar' (forced labour), and other similar forms of forced labour. Any contravention of this provision is an offence punishable by law.
  - The term 'traffic in human beings' includes selling and buying of people, immoral traffic in women and children (including prostitution), devadasis, and slavery.
  - To enforce this article, Parliament has enacted laws like the Immoral Traffic (Prevention) Act, 1956, and the Bonded Labour System (Abolition) Act, 1976.
  - An exception is made for the State to impose compulsory service for public purposes (e.g., military service or social service), provided it does not discriminate on grounds of religion, race, caste, or class.

- **Article 24: Prohibition of employment of children in factories and mines**
  - This article prohibits the employment of children below the age of 14 years in any factory, mine, or other hazardous occupations.
  - However, it does not forbid their employment in any harmless or innocent work.
  - Key legislations to implement this article include The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, which was significantly amended in 2016. The amended act prohibits the employment of children below 14 years in all occupations and processes, and the employment of adolescents (14-18 years) in hazardous occupations.

## Right to Equality (Articles 14-18)

This right ensures equality for all citizens before the law and prohibits discrimination on various grounds.

- **Article 17: Abolition of Untouchability**
  - Article 17 abolishes 'Untouchability' and forbids its practice in any form. The enforcement of any disability arising out of 'Untouchability' is a punishable offence.
  - The term 'untouchability' has not been defined in the Constitution. However, the Mysore High Court ruled that the subject matter of Article 17 is not untouchability in its literal or grammatical sense but the 'practice as it had developed historically in the country'.
  - Parliament enacted the Protection of Civil Rights Act, 1955 (originally the Untouchability (Offences) Act, 1955) and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, to enforce this provision.

## Cultural and Educational Rights (Articles 29-30)

These rights protect the interests of religious and linguistic minorities.

- **Article 29: Protection of interests of minorities**
  - This article provides that any section of the citizens residing in any part of India having a distinct language, script, or culture of its own shall have the right to conserve the same.
  - It also states that no citizen shall be denied admission into any state-maintained or state-aided educational institution on grounds only of religion, race, caste, or language.

- **Article 30: Right of minorities to establish and administer educational institutions**
  - This article grants all minorities, whether based on religion or language, the right to establish and administer educational institutions of their choice.

IASCODEX · Answer

Option A: 1, 2, and 4 only

IASCODEX · Answer

Option B: 2, 3, and 4 only

IASCODEX · Answer

Option D: 1, 2, 3, and 4