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My Constitutional Rights as A Worker in India

The Constitution abolished forced labour outright, made child labour in factories unconstitutional, and told the state to aim for a living wage. The first two you can enforce in court today. The third is a promise still being kept.

Descriptive, not legal advice · text as amended through the 106th Amendment (2023)

Prohibition of traffic in human beings and forced labour

Forced labour and begar are prohibited. Any form of it is an offence, and this is an enforceable fundamental right. The Supreme Court has read paying below minimum wage in some contexts as forced labour.

Prohibition of employment of children in factories, etc

No child below fourteen may be employed in a factory, mine, or other hazardous employment. Enforceable, not aspirational.

Protection of certain rights regarding freedom of speech, etc

19(1)(c) protects the right to form associations and unions. The right to form a union is fundamental; the right to strike, courts have held, is statutory.

Equality of opportunity in matters of public employment

If your employer is the state: equal opportunity in public employment.

Certain principles of policy to be followed by the State

The state must direct policy toward adequate livelihood, equal pay for equal work, and protecting workers' health and strength. A Directive Principle.

Right to work, to education and to public assistance in certain cases

The right to work, to education, and to public assistance in unemployment, old age, and sickness, within the limits of the state's economic capacity. Also a Directive Principle.

Provision for just and humane conditions of work and maternity relief

Just and humane conditions of work and maternity relief. Directive Principle, and the root of much labour welfare law.

Living wage, etc., for workers

A living wage and a decent standard of life for all workers. The aspiration the labour codes are measured against.

The honest caveatArticles 39 to 43 are Directive Principles: instructions to the state, not rights you can sue on. Articles 23 and 24 are fully enforceable fundamental rights.
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