Fundamental Rights Part-2: Exploitation, Religion & Remedies (Articles 23–35)
In-depth constitutional analysis of Fundamental Rights Part-2 (Articles 23 to 35): Right against exploitation, freedom of religion, minority rights, Article 32 constitutional remedies and the five writs, armed forces restrictions, martial law, and emergency implications.
1. Right Against Exploitation (Articles 23 & 24)
The Constitution provides robust protections against human bondage, forced labor, and child exploitation:
Article 23: Prohibition of Traffic in Human Beings and Forced Labour
- Clause (1): Prohibits traffic in human beings, begar (involuntary servitude without remuneration), and other similar forms of forced labor. Any contravention is an offence punishable in accordance with law.
- Available to: Both Citizens and Non-Citizens, enforceable against both the State and Private Individuals.
- Exception (Clause 2): Permits the State to impose compulsory service for public purposes (e.g., military conscription or social service), provided that in doing so, the State shall not discriminate on grounds only of religion, race, caste or class (note: sex is not mentioned as a prohibited ground for compulsory public service).
Article 24: Prohibition of Employment of Children in Factories, etc.
- 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.
- Child Labour (Prohibition and Regulation) Amendment Act, 2016: Completely bans employment of children below 14 years in all occupations and processes (except family business after school hours). Introduces category of "Adolescent" (14 to 18 years) who cannot be employed in hazardous occupations.
2. Right to Freedom of Religion (Articles 25 to 28)
India's secularism does not mean hostility towards religion, but equal protection and respect for all religions (Sarva Dharma Sambhava).
Right to Freedom of Religion: Articles 25 to 28 Framework
Freedom of Conscience & Free Profession, Practice and Propagation
Guarantees freedom of conscience and right to freely profess, practise, and propagate religion. Subject to: **public order, morality, and health**.
Freedom to Manage Religious Affairs
Every religious denomination has right to: 1. Establish/maintain religious institutions, 2. Manage its own affairs in religion, 3. Own and acquire property, 4. Administer property according to law.
Freedom from Taxes for Religious Promotion
No person shall be compelled to pay any **taxes**, the proceeds of which are specifically appropriated in payment of expenses for promoting any particular religion.
Freedom from Religious Instruction in Schools
No religious instruction in institutions wholly maintained out of State funds. In State-recognized or aided institutions, attendance at religious instruction is strictly voluntary.
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