Question

Read the case given below and answer the questions that follow. 

Bharti, a twelve-year old girl, belongs to a family that faces financial hardships. She helps her mother every day with household chores. She does not attend school.

1. Which Fundamental Rights has been violated in the case given above? Which Article in the Indian Constitution contains this Right?
2. Briefly explain the Fundamental Right identified in (i) above.
3. Which Fundamental Right can be deployed to redress the violation of other Fundamental Rights? Why is this Right important?

Answer 1

1. The right against exploitation has been offended in the case in question. It is against this Fundamental Right for minors under the age of 14 to be employed. This privilege is contained in Article 24 of the Indian Constitution.
2. Right against Exploitation:
   1. The Fundamental Rights' third category incorporates the Right against Exploitation. Human trafficking and the obtaining of forced labour, such as begar, are prohibited by Article 23. Nothing can prevent the State from imposing required service for a public purpose, according to a qualifying clause, and the State shall not discriminate based on religion, race, or class to charge such a duty.
   2. This clause explicitly prohibits "bonded labour," slavery, and the trafficking of people for ill motives. Children under the age of 14 are not allowed to work in dangerous occupations, according to Article 24.
3. To deal with the violations of other fundamental rights, one may utilize the right to constitutional remedies. This privilege is crucial because:
   1. According to this right, an individual may apply to the Supreme Court to maintain their fundamental rights. A person who experiences injustice has the legal right to go to the Supreme Court (under Article 32) or the High Courts (under Article 226) to respect their fundamental rights.
   2. Article 13(2) states that no law (including executive action) that competes with Part III of the Constitution may be implemented by the federal government, the states, or any subordinate government.
   3. Therefore, to maintain the terms of this section of the Constitution, the courts have the authority to investigate the situation and then declare the statute illegal, either whole or partially. They may therefore grant prerogative writs in the forms of Certiorari, prohibition, Habeas Corpus, Mandamus, and Quo Warranto.