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The Constitution of India: Acknowledgement

This document is a synopsis submitted by Kapil Yadav on the topic of Article 23 of the Indian Constitution, which prohibits traffic in human beings and forced labor. Article 23 bans practices like slavery, forced prostitution, and bonded labor. It allows for compulsory public service if it is non-discriminatory. Several acts have been passed to enforce Article 23, such as the Bonded Labor System Abolition Act. The synopsis provides background on Article 23 and key terms, outlines related cases, and concludes that the government has made laws to protect labor rights and end exploitative practices.

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Kapil Yadav
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189 views

The Constitution of India: Acknowledgement

This document is a synopsis submitted by Kapil Yadav on the topic of Article 23 of the Indian Constitution, which prohibits traffic in human beings and forced labor. Article 23 bans practices like slavery, forced prostitution, and bonded labor. It allows for compulsory public service if it is non-discriminatory. Several acts have been passed to enforce Article 23, such as the Bonded Labor System Abolition Act. The synopsis provides background on Article 23 and key terms, outlines related cases, and concludes that the government has made laws to protect labor rights and end exploitative practices.

Uploaded by

Kapil Yadav
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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THE CONSTITUTION OF INDIA

LAW OF CONSTITUTION ASSIGNMENT SYNOPSIS 2018-19

Dr.SHAKUNTALA MISRA NATIONAL REHABILITION UNIVERSITY, LUCKNOW

A SYNOPSIS

ON

RIGHT AGAINST EXPLOITATION: IN ARTICLES 23

UNDER THE SUPERTVISION OF

Mr.ALANKAR SINHA

SUBMITTED TO SUBMITTED BY

MR.ALANKAR SINHA KAPIL YADAV

(G.F ) FACULITY OF LAW BCOM LLB (HONS)


D.S.M.N.R.U III SEMEATER
(2018-19) (2018-19)

ACKNOWLEDGEMENT

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THE CONSTITUTION OF INDIA

I would like to express my special thanks of gratitude to my teacher


(MR.ALANKAR SINHA) as well as our principal who gave me the golden
opportunity to do this wonderful project on the topic (ARTICLE 23), which
also helped me in doing a lot of Research and i came to know about so
many new things I am really thankful to them.

Secondly i would also like to thank my parents and friends who helped me
a lot in finalizing this project within the limited time frame.

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THE CONSTITUTION OF INDIA

INDEX

S.NO TOPIC PAGE.NO REMARK

1. INTRODUCTION: 4
2. RIGHT AGAINST EXPLOITATION 5
3. THE MAIN PRINCIPAL ARTICLE 23 5
4. THE EXPRESSION ‘TRAFFIC IN HUMAN 5
BEINGS’
6. THE EXPRESSION ‘BEGAR’ 6
7. EXCEPTION 6
8. ACT BASED ON ARTICLE 23 7
9. CASES 8
10. CONCLUSION 9
11. BIBLIOGRAPHY 10

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THE CONSTITUTION OF INDIA

INTRODUCTION

The Fundamental Rights enacted in Part-III includes basic inherent human


rights which an individual posses. These rights operate as limitations on
the powers of the State and impose negative obligations on the State not to
intrude on individual liberty. But under Part-III there are certain
Fundamental Rights bestowed by the Constitution which are enforceable
against the entire world and they are found interalia in Article 17, 23 and
24.1 Article 23 was incorporated in the Constitution to prohibit traffic in
human beings and begar and other similar forms of forced labour.

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THE CONSTITUTION OF INDIA

RIGHT AGAINST EXPLOITATION

ARTICLE:- 23

. (1) 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.

(2) Nothing in this article shall prevent the State from imposing
compulsory service for public purposes, 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.

THE MAIN PRINCIPAL OF ARTICLE 23

The principal are as follows;

1. Traffic In human beings


2. Begar (forced labour)

The expression ‘Traffic in human beings’

 Selling and buying of man, woman and children like goods


 Immoral traffic in women and children, including prostitution;
 Devadasis
 Slavery

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THE CONSTITUTION OF INDIA

THE EXPRESSION ‘BEGAR’

 The term ‘begar’ means compulsory ‘work without remuneration. It


was a peculiar Indian system under which the local zamindars
sometimes used to force their tenants to render services without any
payment.

 Article 23 prohibits other ‘similar forms of forced labour’ like “bonded


labour” .The term “forced labour” means compelling a person to work
against his will.

EXCEPTION

Article 23 also provides for an “exception” is as follows:

 It permites the state to impose compulsory service for public purposes,


as for example, military service or social service, for which it is not
bound to pay
 However, in imposing such service, the state is in permitted to make
any discrimination on grounds only of “religion”, “race”, “caste”, or
“class”.

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THE CONSTITUTION OF INDIA

ACT MADE BASED ON ARTICLE 23

Any contravention of this provision shall be an offence punishable in


accordance with law :

 In this regard, the bonded labour system (abolition) act, 1976.,


 the minimum wages act, 1948.,
 the contract labour act, 1970.
 the equal remuneration act, 1976 .
 The immoral traffic (prevention) act, 1959.

(this rights available to both citizens and non citizens and protect
individual from both state and private persons).

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THE CONSTITUTION OF INDIA

CASE

State of Gujarat v. Hon'ble High Court of Gujarat

In the case of State of Gujarat v. Hon'ble High Court of Gujarat29, a


sensitive question which required very circumspective approach mooted
before the court. Whether the prisoners, who are under obligation to do
labour as part of their punishment, should essentially be paid
remuneration for such work at the rates prescribed under Minimum Wages
legislation. All the judgments were considered in appeal in this case it was
held that it is lawful to employ the prisoners sentenced to rigorous
imprisonment to do hard labour whether he consents to do it or not. It is
essential that the detainees should be remunerated reasonable wages for
the work done by them. In order to decide the quantum of reasonable
wages payable to the prisoners the State Government shall comprise wage
fixation body. Until the state Government takes any decision on such
suggestions every inmate must be paid for the work done by him at such
rate or revised rates as the Government fixes in the light of the observation
made by the Supreme Court in the Judgment.

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THE CONSTITUTION OF INDIA

CONCLUSION

According to this topic article 23 .the govt. should save the humans which
are suffering with “traffic on human being” and providing protaction to
the labours from these thegovtshoud make such act like minimum wages
act 1948, contact labour act 1970,and bound labour act 1976 etc. the govt.
save their right and providing them facilities to making such law for them.

One traffic govt. control on selling buying the woman and childen
the govt. make some law and act on such cases .The endes the
“devdasipratha” and also endes “slavery” with act and laws.

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THE CONSTITUTION OF INDIA

REFERENCES/BIBLIOGRAPHY

1:- WWW.THELAWSTUDY.COM

2:-WWW.APPEAL.LAW.COM

3:-LEGALBLOG.IN

4:-WWW.LAWCASE.COM

REFERENCES FROM BOOK

1:-CONSTITUTION OF INDIA (Bare ACT)

2:- CONSTITUION LAW (BY “EBC publications”)

3:-CONSTITUTIONAL LAW (MamtaRao 2013 edition)

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