Topic 04 of 6 · Chapter 05 · Indian Polity
Right Against Exploitation, Freedom of Religion & Cultural Rights
Articles 23–24 (exploitation), Articles 25–28 (religion), Articles 29–30 (minorities), with key exam facts.
📋 In This Article
1. Article 23 — Prohibition of Traffic in Human Beings & Forced Labour
Article 23 prohibits:
- Traffic in human beings (buying and selling of persons)
- Begar (forced labour without payment)
- Other similar forms of forced labour
💡 Exception: The State can impose compulsory service for public purposes (e.g., military service, national service). But no discrimination on grounds of religion, race, caste, or class.
⭐ Available to all persons — not just citizens. Includes protection against bonded labour.
2. Article 24 — Prohibition of Child Labour
Article 24 prohibits employment of children below 14 years of age in any factory, mine, or other hazardous employment.
✅ Child Labour (Prohibition and Regulation) Act, 1986: Enacted to give effect to Article 24. The Child Labour (Prohibition and Regulation) Amendment Act, 2016 extended the prohibition to all occupations and processes for children below 14 years.
📌 Note: Article 24 does NOT prohibit all child labour — only in factories, mines, and hazardous employment. However, the Right to Education Act (2009) effectively prohibits child labour by making education compulsory for children 6–14 years.
3. Article 25 — Freedom of Conscience & Free Profession of Religion
Article 25 guarantees to all persons:
- Freedom of conscience
- Freedom to profess, practice, and propagate religion
| Article | Right | Who |
|---|---|---|
| 25 | Freedom to profess, practice, propagate religion | All persons |
| 26 | Freedom to manage religious affairs; establish religious institutions | Religious denominations |
| 27 | No compulsion to pay taxes for promotion of any religion | All persons |
| 28 | No religious instruction in State-funded educational institutions | All persons |
⭐ Restrictions on Article 25: Subject to public order, morality, health, and other Fundamental Rights. State can regulate secular activities associated with religious practice. State can provide for social welfare and reform.
4. Articles 26–28 — Religious Freedom
- Article 26: Every religious denomination has the right to establish and maintain institutions for religious and charitable purposes, manage its own affairs in matters of religion, and own and acquire property
- Article 27: No person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion
- Article 28: No religious instruction shall be provided in any educational institution wholly maintained out of State funds. Exception: institutions administered by the State but established under a trust requiring religious instruction
5. Articles 29–30 — Cultural & Educational Rights
- Article 29: Any section of citizens having a distinct language, script, or culture has the right to conserve the same. No citizen shall be denied admission to any State-maintained educational institution on grounds of religion, race, caste, or language
- Article 30: All minorities (religious or linguistic) have the right to establish and administer educational institutions of their choice. State shall not discriminate against minority institutions in granting aid
💡 TMA Pai Foundation Case (2002): Supreme Court held that the right under Article 30 is not absolute. The State can regulate minority educational institutions to maintain educational standards.
6. Key Points for Exam
🔑 Must-Remember Facts
- Article 23 — Prohibition of traffic in human beings and forced labour (all persons)
- Article 24 — No child labour below 14 years in hazardous employment
- Article 25 — Freedom to profess, practice, propagate religion (all persons)
- Article 26 — Religious denominations can manage their own affairs
- Article 27 — No compulsion to pay taxes for any religion
- Article 28 — No religious instruction in State-funded schools
- Article 29 — Protection of language, script, culture of minorities
- Article 30 — Minorities can establish and administer educational institutions
- Articles 25–28 available to all persons
- Articles 29–30 available to citizens (minorities)
- Right to propagate religion does NOT include right to convert by force or fraud