Abdullah Al Ahad & Anika Tabassum Ontora

Beneath the sun-drenched plains of South Asia, where ancient rivers carve their paths through vibrant cultures, lie two nations bound by a shared heritage–India and Bangladesh. Their histories, interwoven with tales of struggle and resilience, echo with the same yearning for a just and equitable society. This yearning finds its voice in the very foundation of each nation–its constitutions. These documents, meticulously crafted by the hands of legal architects, serve as testaments to a shared ideal: the unwavering commitment to protecting the dignity of those who toil, the backbone of every thriving nation.

Within these intricately woven tapestries of legalese lie provisions that resonate with a fundamental theme–the safeguarding of human rights. It is a melody that echoes through their pages, a promise etched in legalese. Yet, upon closer inspection, intriguing variations emerge in their approaches to secure labour rights, forming a chorus of justice played on distinct instruments. This essay delves into this intricate composition, exploring the unique melodies woven into the Indian and Bangladeshi constitutions, and the shared harmony they strive to achieve.

India's constitutional framework for labour rights rests on the unshakeable foundation of Fundamental Rights enshrined in Part-III, a sacred space within the document. Articles 23 and 24 stand as imposing pillars of this system, their pronouncements echoing with unwavering conviction–a resounding rejection of the evils of human trafficking, forced labour, and the abhorrent practice of child labour.

This commitment transcends mere legalese, etched not just in ink, but in the collective conscience of the nation. The landmark case of Kesavananda Bharathi v. State of Kerala (1973) stands as a potent symbol, forever etching these rights into the very "basic structure" of the constitution. This landmark decision ensures their enduring protection, a testament to the unwavering commitment to safeguarding the dignity of all workers.

However, the Indian framework extends its reach beyond these core pronouncements. Articles like 14, a clarion call for equality, and 21, upholding the sanctity of life, create a broader canvas of protection for workers. The Indian judiciary, wielding the brush of progressive interpretation, has woven the right to education–a powerful weapon in the fight against child labour–into the fabric of these fundamental rights (Unnikrishnan, J.P. v. State of Andhra Pradesh, 1993). Additionally, the Directive Principles of State Policy, outlined in Part-IV, serve as guiding lights for the government. These principles, though not directly enforceable, act as a moral compass, directing it toward securing economic welfare for its citizens and preventing the exploitation of children through forced labor (Article 39).

Bangladesh's approach, on the other hand, adopts a more holistic perspective. The Preamble sets the stage, outlining the nation's unwavering pursuit of a "socialist society free from exploitation." This guiding principle, a recurring motif throughout the document, shapes the fundamental principles (Part-II) that inform the creation of all laws. Here, Articles 15 and 17 stand out, ensuring access to necessities like education and healthcare–crucial tools in dismantling the insidious practice of child labour. Furthermore, Article 17 mandates free and compulsory education, empowering children with the knowledge and skills necessary to break free from the cycle of exploitation. The concept of equality enshrined in Article 27 dismantles societal hierarchies that might otherwise push children into the workforce based on the accident of birth or background.

Most significantly, Bangladesh directly confronts the issue of forced labour through Article 34. This article acts as a legal sledgehammer, shattering this inhuman practice by criminalizing it in all its forms. This unwavering stance prioritizes human dignity irrespective of the allure of financial gain. The Constitution further empowers the government to enact specific protective measures for vulnerable groups like children (Article 28(4)), fostering a more inclusive and equitable workforce.

This comparative analysis reveals both the consonances and dissonances in the Indian and Bangladeshi approaches to safeguarding labour rights within their respective constitutions. India's framework emphasizes the power of fundamental rights, bolstered by progressive judicial interpretations. Bangladesh, on the other hand, adopts a more holistic approach, weaving the principles of social justice and equality throughout its constitutional fabric.

Though their constitutional scores differ in instrumentation, both India and Bangladesh share a resounding coda. Their ultimate goal acts as a powerful crescendo in the grand symphony of progress: the eradication of exploitation and the unwavering establishment of their workforces' dignity. India's approach takes the form of a robust string section, its fundamental rights serving as the melody's backbone.

Bangladesh, on the other hand, presents a more comprehensive composition, weaving social justice principles throughout its constitutional fabric like a warm, enveloping brass section. Despite their distinct styles, both nations strive towards the same harmonious resolution–a symphony of safeguards that resonates with the well-being and protected rights of their citizens.

This melody, a testament to their unwavering commitment to a just society, continues to play, its message a powerful call to action for generations to come. We can see in their constitutions a reflection of their shared aspirations, a promise etched in legalese to build a future where the dignity of labor is not just a theoretical concept, but a harmonious refrain echoing through every facet of their societies.

Yet, the journey toward this harmonious melody remains incomplete. In both nations, the gap between constitutional ideals and the lived experiences of many workers persists, a harsh reality that casts a shadow on the promises etched in ink.

Enforcement mechanisms require constant strengthening, and societal attitudes towards vulnerable groups need to evolve. The symphony may falter at times, the instruments playing out of tune. However, the very existence of these constitutional provisions, meticulously woven into the fabric of the nations, offers a flicker of hope.

They stand as a testament to the collective will of the people, a promise etched in ink, to build a future where the dignity of labor is not just a phrase, but a lived reality for all. The struggle may be long, but the symphony of safeguards continues to play.

The writers are students of Department of Law, Jagannath University.