Right to life and Right against exploitation

Subject: Polity

Context:

• The Supreme Court on Thursday quashed the Gujarat government’s notifications granting temporary “relaxations” to employers on certain conditions related to working hours and payment of wages under the Factories Act, 1948.
• The court observed that the notifications, in denying humane working conditions and overtime wages provided by law, are an affront to the workers’ right to life and right against forced labour that are secured by Articles 21 and 23 of the Constitution

Concept:

• Article 21 is protection of life and personal liberty. No person shall be deprived of his life or personal liberty except according to procedure established by law.
• Article 21 applies to natural persons. The right is available to every person, citizen or alien. Thus, even a foreigner can claim this right.
• Article 23 provides for prohibition of traffic in human beings and forced labour
• Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law
• Nothing in this article shall prevent the State from imposing compulsory service for public purpose, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them