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Question

Which of the following fundamental rights is violated by the condition of a 13-year-old child working in a carpet manufacturing factory?

The correct answer is

Right against exploitation

The question asks which fundamental right is violated when a 13-year-old child is working in a carpet manufacturing factory. This situation involves child labor, which is a serious issue and prohibited by the Constitution of India.

Understanding Fundamental Rights and Child Labor

Fundamental Rights are basic human rights guaranteed to the citizens of India by the Constitution. They are enshrined in Part III of the Constitution. These rights are enforceable by the courts.

Child labor refers to the employment of children in work that deprives them of their childhood, interferes with their ability to attend regular school, and is mentally, physically, socially or morally harmful.

Analyzing the Right Against Exploitation

The Right against Exploitation is one of the fundamental rights guaranteed by the Indian Constitution, specifically in Articles 23 and 24.

  • Article 23 prohibits human trafficking, begar (forced labor), and other similar forms of forced labor.
  • Article 24 specifically prohibits the employment of children below the age of 14 years in any factory, mine, or engaged in any other hazardous employment.

The situation described in the question, a 13-year-old child working in a carpet manufacturing factory, falls directly under the prohibition mentioned in Article 24. A factory is a place where hazardous or non-hazardous work can take place, and employing a child below 14 years there is explicitly forbidden to prevent exploitation.

Evaluating Other Options

Let's consider why the other options are less directly violated in this specific scenario:

  • Right to Constitutional Remedies (Article 32): This right is the right to move the Supreme Court for the enforcement of other fundamental rights. While this right allows one to seek remedy *against* the violation of another right (like the Right against Exploitation), it is not the right that is *itself* being violated by the act of child labor.
  • Cultural and Educational Rights (Articles 29-30): These rights protect the interests of minorities and their right to establish and administer educational institutions. While child labor undoubtedly hinders a child's ability to receive education, the primary and most direct constitutional violation by employing a child in a factory is against the prohibition of child labor under the Right against Exploitation.
  • Right to Freedom (Articles 19-22): This cluster of rights includes freedoms like speech, assembly, association, movement, residence, and profession. While child labor restricts a child's freedom to play, learn, and develop, the specific constitutional provision dealing with prohibiting forced labor and child employment is found under the Right against Exploitation, not the Right to Freedom.

Therefore, the most appropriate fundamental right violated by the condition of a 13-year-old child working in a carpet manufacturing factory is the Right against Exploitation.

Revision Table: Fundamental Rights Discussed

Fundamental Right Relevant Articles Key Provisions Relevance to Child Labor
Right to Constitutional Remedies Article 32 Right to move courts for enforcement of fundamental rights. Mechanism to protect rights, not the right violated by child labor itself.
Cultural and Educational Rights Articles 29-30 Protection of minority interests, right to establish educational institutions. Child labor hinders education, but this right isn't the primary one violated by forced work.
Right against Exploitation Articles 23-24 Prohibits forced labor, human trafficking, and child labor (below 14 in factories/mines/hazardous work). Directly prohibits employment of children under 14 in factories.
Right to Freedom Articles 19-22 Various freedoms (speech, assembly, movement, etc.). Child labor restricts freedom, but specific prohibition is under Right against Exploitation.

Additional Information on Right Against Exploitation

The Right against Exploitation is crucial for protecting vulnerable sections of society, especially women and children, from exploitation.

  • Article 23 not only prohibits forced labor but also makes it a punishable offense. This was particularly important to abolish practices like 'begar' (unpaid labor) and other forms of servitude prevalent historically.
  • Article 24 is a specific safeguard for children, recognizing their vulnerability and the importance of their childhood for development and education. It sets a clear minimum age for employment in certain sectors.
  • The prohibition in Article 24 is absolute for employment in factories, mines, or hazardous activities for children below 14.
  • Subsequent laws, like the Child Labour (Prohibition and Regulation) Act, 1986, and its amendment in 2016, have further elaborated on the prohibition and regulation of child and adolescent labor, reinforcing the principles of Article 24. The 2016 amendment prohibits employment of children below 14 years in all occupations and processes and links the age of prohibition of employment to the age of compulsory and free education under the Right to Education Act, 2009.

The act of employing a 13-year-old child in a factory is a clear violation of the constitutional prohibition under Article 24, which falls under the umbrella of the Right against Exploitation.

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Important Questions from Fundamental Rights

  1. Which Article of the Indian Constitution deals with the Right against Exploitation?

  2. The fundamental rights of citizens are embodied in which part of the Indian Constitution?

  3. Right to Education is given in _____ of the Indian Constitution.

  4. According to Article 46, the State shall promote the educational and economic interests of:

  5. Which Fundamental Right in the Indian Constitution states that every person has the right to practice, profess and propagate the religion of their choice?

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