RIGHT AGAINST EXPLOITATION AND FREEDOM OF RELIGION : ARTICLES 23 -28

We should know about the rights against exploitation that is the prohibition of human trafficking and forced labour under Article 23, the prohibition of employment of children in factories under Article 24, and the right to freedom of religion under Articles 25 to 28. 

Today 12th June 2020, a day dedicated to child labourers. It’s time for us to work collectively & play our role in protecting children. Victims of child labour need support and protection across the world. Say no to Child Labour. The fight is long and we will fight together... 


PROHIBITION OF HUMAN TRAFFICKING [Article 23]

The system of 'bonded labour', 'traffic in human beings', 'begar', and other similar forms of forced labour is prohibited completely under Article 23 and in case of any contravention of this provision shall be an offense punishable in accordance with the law. 

"Bonded labour" means to force a person to work against his will. "Traffic in human beings" means for immoral or other purposes, selling or buying men, women, and children like goods. "Begar" means forced work without payment. 

Peoples Union for Democratic Rights case, AIR 1982 SC 1943, in whatever form it may be this Article strikes at forced labour as it is violative of human dignity. Under Article 23 every form of forced labour is prohibited, held by the Supreme Court. 

In Sanjit Roy v. State of Rajasthan, AIR 1983 SC 328, the court held that a person employed on Famine Relief Work cannot be paid less wage than the minimum wage because it is violative of Article 23. The State cannot take advantage of their helplessness. 

In Deena v. Union of India, AIR 1983 SC 1155, without payment of reasonable wages, labour taken from prisoners was "forced labour" and violative of Article 23 of the Indian Constitution, has been held by the Court. 

Clause (2) of Article 23 provides an exception to the general rule. The State can impose compulsory service for public purposes but while imposing such service the State cannot any discrimination on grounds only of religion, race, caste, or class or any of them. 

PROHIBITION OF EMPLOYMENT OF CHILDREN IN FACTORIES [Article 24] 

Children are assets of our nation. No child below the age of 14 years can be employed in the construction works, factories and hazardous employment under Article 24 of the Constitution of India in the interest of public health and safety of life of children. 

In Labours Working on Salal Hydro Project v. State of Jammu and Kashmir, AIR 1984 SC 177, children below the age of 14 years cannot be employed in construction work as it is hazardous employment reiterated by the Court. 

In M. C. Mehta v. State of Tamil Nadu, AIR 1997 SC 699, the Supreme Court has laid down exhaustive guidelines to protect the economic, social, and humanitarian rights of millions of children below the age of 14 years working illegally in public and private sectors.  

RIGHT TO FREEDOM OF RELIGION [Article 25] 

Article 25(1) guarantees two-fold freedom to every person:- 
(a) Freedom of conscience;
(b) Freedom to religion.

The right guaranteed under Article 25(1) is not an absolute right and subject to public order, morality, and health. The term 'Religion' is not defined in the Indian Constitution. The Supreme Court has defined it as essentially a matter of personal faith and belief. 

In a landmark judgment in Santosh Kumar v. Secy. Ministry of Human Resources Development, AIR 1995 SC 293, the Supreme Court has held that in the Central Board of Secondary Education (CBSE) introduction of Sanskrit language as a subject is not against secularism which means 'Sarva Dharma Sambhav' because it is the "mother of all Aryan languages". 

In S. R. Bommai v. Union of India, AIR 1994 SC 1918, "Secularism is a basic feature of the Indian Constitution" held by the Supreme Court. 

In N Aditya v. Travancore Dewaswom Board 2nd (Supp.) NSC 35 38, the Supreme Court said that a non-brahmin, if he is properly trained, can be assigned as a pujari as brahmins do not have patent over-performing puja in a temple.

FREEDOM TO MANAGE RELIGIOUS AFFAIRS [Article 26] 

Every religious group subject to public order, morality, and health shall have the following rights:- 
(a) Right to establish and maintain institutions for a religious and charitable purpose. 
(b) Right to manage matters of religion.
(c) Right to own and acquire movable and immovable property. 
(d) Right to administer property owned by denomination. 

In Church of God (Full Gospel) in India v. K. K. R. M. C. Welfare Association, AIR 2000 SC 2773, the Supreme Court held that a person's religious freedom is subject to "public order, morality, and health" and he cannot be allowed to create noise pollution or disturb the peace of others under Articles 25 and 26. 

In Bramchari Sidheswar Shai v. State of W. B. (1995) 4 SCC 646, popularly known as Ramkrishna Mission case, the Supreme Court has held that Ramkrishna Mission can be regarded as a religious denomination and 'therefore' be entitled to claim the fundamental rights under Article 26 of the Constitution. 

In Azeez Bashu v. Union of India, AIR 1968 SC 662, the Supreme Court held that the Aligarh University was established under the statue passed by Parliament and not established by the Muslim minority and therefore it could not claim the right to 'maintain' it. 


NO COMPULSION TO PAY TAX FOR THE PROMOTION OF ANY RELIGION [Article 27] 

No person shall be compelled to pay tax for the promotion of any particular religion guaranteed under Article 27 of the Constitution. India being a secular state and there being freedom of religion are the reasons underlying this provision. What this Article forbids is the levying of tax and not of the fee. 

PROHIBITION OF RELIGIOUS INSTRUCTION IN STATE-AIDED INSTITUTION [Article 28] 

No religious instruction shall be imparted in any educational institution fully maintained by the State, recognized by the State, receiving aid out of State funds, administered by the State but are established under any trust or endowment.


Reference Links:


2 comments:

  1. Nice blog, but too many ads dear.

    ReplyDelete
  2. Very informative and well presented article! Keep up the good work.

    ReplyDelete

Ad 1

Followers

Home

Subscribe Us Our Food Channel

Blog Archive

Newsletter

Translate

Powered by Blogger.