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LABOUR LAWS

PROJECT REPORT

ON

“CONSTITUTIONAL
PROVISIONS RELATING
TO FORCED LABOUR”
Submitted To- Submitted By-

Dr. Virender Negi Yuvraj Rahul Singh

161/18

B.Com.LL.B.-10

Sec-C
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ACKNOWLEDGEMENT
I would like to express my special thanks of gratitude to my teacher and guide Dr.Virender
Negi as well as our director Dr. Rajinder Kaur who gave me the golden opportunity to do this
wonderful project on the topic- Constitutional Provisions Relating To Forced Labour, 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 finishing
this project within the limited time. I am making this project not only for marks but to also
increase my knowledge.

THANKS AGAIN TO ALL WHO HELPED ME

-Yuvraj
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CONTENTS
ACKNOWLEDGEMENT ......................................................................................... 2

INTRODUCTION .................................................................................................................... 4

Meaning of Exploitation ....................................................................................................... 5

ARTICLE 23: PROHIBITION OF TRAFFICKING OF HUMAN BEING AND FORCED

LABOUR .................................................................................................................................. 5

Human Trafficking ............................................................................................................... 6

Begar ..................................................................................................................................... 6

Other forms of forced labour ................................................................................................ 6

ARTICLE 23(2): COMPULSORY SERVICE ......................................................................... 7

IMPORTANT JUDGMENTS ON RIGHTS AGAINST EXPLOITATION (ARTICLE 23) .. 8

1. People’s Union for Democratic Rights v. Union of India .............................................. 8

2. Sanjit Roy vs State of Rajasthan .................................................................................... 8

3. Bandhua Mukti Morcha v. Union of India ..................................................................... 9

ARTICLE 24- PROHIBITION OF EMPLOYMENT OF CHILDREN IN FACTORIES, ETC

................................................................................................................................................ 10

CONCLUSION ....................................................................................................................... 12

REFERENCE.......................................................................................................................... 13
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INTRODUCTION

India being the biggest democracy in the world was also once a place of slavery and
exploitation for children and adults. Before the enactment of Constitution of India there were
several cases of slavery, exploitation, widespread practice of forced labor in India. But with
the passage of time and the adoption of the Constitution (Article 23 in the Constitution of
India 1949) these practices were reduced to zero.

But even after these rules and regulations, there were many uncultured practices towards
humanity like in Rajasthan, Northeastern states, some parts of UP, Bihar, and various other
areas where practices like untouchability, human trafficking forced labors, etc. takes place
and society remains shut watching all these.

They are still many places where women are discriminated against because of their gender
and other problems like in some places they were not allowed to enter during their period
weeks but no established reason was given for this practice.

There are many cases of human trafficking in northeastern states where still govt. is not able
to establish the cause and is not able to take concrete steps in stopping those activities.
Nonetheless, the Constitution of India ensures freedom and nobility to each person,
subsequently, leaving no extension for abuse, bondage, and abuse. Since 1982, be that as it
may, these articles have accepted extraordinary importance and have become strong
instruments in the possession of the courts to improve the pitiable state of the poor in the
country.

The Indian laws prohibit slavery and any act which harms the dignity and freedom of a
person. Yet there are people who still view themselves as superior to others. As a result,
many people are forced to do work against their will at cheap rates and millions of women
and children become victims of human trafficking. In 2016, there were 18.3 million people in
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modern slavery in India according to the Global Slavery Index. The 2018 Global slavery
survey report stated that there has been a further addition of forced sexual exploitation and
child labor in the country.

The Right against exploitation enshrined in Article 23 and 24 of the Indian Constitution
guarantees human dignity and protects people from any such exploitation. Thus, upholding
the principles of human dignity and liberty upon which the Indian Constitution is based.

Meaning of Exploitation

Exploitation is a word borrowed from French. ‘Exploitation’ means depriving a person of his
due through force or fraud. When a person is denied his share, reward or remuneration for his
contribution of labour and service for producing the wealth then it is known as
exploitation. Marx links exploitation with that of surplus-value. It is a phenomenon where
one enjoys the fruits of labour without performing any of the tasks of labour.

ARTICLE 23: PROHIBITION OF

TRAFFICKING OF HUMAN BEING AND
FORCED LABOUR

Article 23(1) prohibits 3 aspects of exploitation-

1. Trafficking
2. Begar
3. Forced Labour

And mandates that any contravention of such prohibition shall be an offence.

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The parliament has power under Article 35 to make a law prescribing punishment for all
those acts which are prohibited under part III of the constitution.

In pursuance of such power, parliament has enacted several laws prohibiting forced labour,
begar and trafficking. Laws passed by the Parliament in pursuance of Article 23:

A. Suppression of Immoral Traffic in Women and Girls Act, 1956

B. Bonded Labour System (Abolition) Act, 1976

Human Trafficking

It means the sale and purchase of human beings mostly for sexual slavery, forced
prostitution, or forced labour. Slavery is not expressly mentioned under Article 23 but it is
included within the meaning of ‘traffic in human beings.’

Begar

The term beggar is of Indian origin. The beggar was a framework where the government
(indeed, the British Government officials) and Zamindars used to propel the people to
convey their products when they moved from one spot to another spot. It implies compulsory
work without installment. Beggar establishes 2 components-

A. It is to propel an individual to neutralize his will, and

B. he isn't paid any compensation for that work.

Other forms of forced labour

It is considered forced labour if the less-than-minimum wage is paid. This article also makes
‘bonded labour’ unconstitutional. Bonded labour is when a person is forced to offer services
out of a loan/debt that cannot be repaid.
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The Calcutta High Court in Dulal Samanta vs Dist. Magistrate1 interpreting the expression
-other similar forms of forced labour held that the expression is to be interpreted ejusdem
generis and it has to be something like either traffic in human beings or begar.

ARTICLE 23(2): COMPULSORY SERVICE

The state can impose compulsory services for a public purpose like national defence,
removal of illiteracy or the smooth running of public utility service like water, electricity,
postage, rail, and air services.

In making any such provision compulsory for public purposes, the state cannot discriminate
on the grounds of religion, race, caste or class or any of them. Sex is not a prohibited ground
of discrimination which indicates that women could be exempted from compulsory public
service. Term class is used in pure economic sense.

However, no such law at the central level is made in India so far in its history. For a brief
period in Nagaland, there was a law that said that in case of impeding blood able-bodied
person can be called to join the army.

1
AIR 1958 Cal 365
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IMPORTANT JUDGMENTS ON RIGHTS

AGAINST EXPLOITATION (ARTICLE 23)

1. People’s Union for Democratic Rights v. Union of India 2

The Supreme Court interpreted the scope of Article 23. The petitioner scrutinized the
working conditions of various people employed in Asiad projects. It was discovered that the
labourers were subject to great exploitation, they were not given minimum wages, subjected
to an inhumane working environment. PIL was filed.

J. PN Bhagwati observed that the scope of Article 23 is vast and unlimited. It is not merely
‘begar’ which is prohibited but this Article strikes at forced labour in whichever form it may
exist. Every form of forced labour is prohibited.

No person shall be forced to provide labour or services against his will even if it is
mentioned under a contract of service.

The word ‘force’ has a very wide meaning under Article 23. It not only includes physical or
legal force but also recognizes economic circumstances which compel a person to work
against his will on less than minimum wage.

2. Sanjit Roy vs State of Rajasthan3

In this case, the state had employed people for the construction of roads. Their work was
allowed under the famine relief act. These workers were paid way less than the minimum
wages. It was contended that this payment of wages lower than minimum wages was
violative of Article 23.

2
AIR 1983 SC 1473
3
AIR 1983 SC 328
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Court held that the state is not allowed to take undue advantage of the helplessness of people
with an excuse of helping them to meet the situation of famine or drought.

The court observed that they must be paid fairly for the work into which they put in effort
and sweat, and which provides benefits to the state.

3. Bandhua Mukti Morcha v. Union of India

Bandhua Mukti Morcha is an organization that works against the prevalent system of bonded
labours in India.

This case is special in the sense that the court for the first time accepted and treated a letter
written to J.Bhagwati as a petition for PIL. The letter described the ordeal of a large number
of workers in the Faridabad district of UP who were working in inhuman and intolerable
conditions.

The court laid down guidelines for the determination of bonded labourers and pointed out
that it was the duty of the state government to identify, release, and rehabilitate the bonded
labourers.
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ARTICLE 24- PROHIBITION OF

EMPLOYMENT OF CHILDREN IN
FACTORIES, ETC

Article 24 must be read with A. 39(e) and A. 39(f) of DPSP which provides for the
protection of health and strength of children and that the tender age of children should not be
abused.

Article 24 prohibits employment of children below 14 years of age in any factory, mine or
any other hazardous employment.

The Supreme Court in Peoples Union for Democratic Rights v. Union of India4 held that
building construction work was such hazardous employment where children below the age of
fourteen years should not be employed. The court also pointed out the horizontal nature of
Article 24. Prohibition of Article 24 could be enforced against everyone, whether State or
private individual.

In MC Mehta Vs State of Tamil Nadu5 – MC Mehta brought before the court the plight of
children engaged in Sivakasi cracker factories. In this case, the Supreme Court directed
setting up of Child Labour Rehabilitation Welfare Fund and asked the employer to pay Rs.
20,000 as compensation to each child.

India is also a signatory of the Convention on the rights of child, 1989 Article 32 of the
convention requires that each state party to the Convention shall protect the children from
economic exploitation and any hazardous work. India ratified the convention in 1999. In

4
AIR 1982 SC 1473
5
AIR 1997 SC 699
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pursuance of the obligation under Article 24 and international instruments, parliament has
enacted various laws against child labour–

Factories Act 1948; Mines Act, 1952; The Bidi and Cigar Workers(Conditions of
employment act),1966; the apprentices’ act,1961; the employment of children act 1938; and
other similar acts.

Child Labour (Prohibition and Regulation) Amendment Act, 2016[xi]amended the child
labour (prohibition and regulation) Act, 1986.

The amendment act prohibited the employment of children below 14 years of age in all
occupation and industries except those run by the child’s own family. Before the amendment
employment of children below 14 years in domestic work was completely legal.

A complete prohibition has been imposed on the employment of child labour (i.e. a person
below the age of 14 years) in any establishment whether hazardous or not. A child is
permitted to work only to help the family in family enterprise after school hours or during
vacations.

India finally ratified convention number 182 of the International labour organization which
deals with prohibition and elimination of worst forms of child labour and provides that no
child shall be employed in a hazardous occupation. Interestingly, India is one of the last
countries to ratify the convention. Nevertheless, the act introduced a new category called
adolescents which cover person between14-18years of age. The amendment permits the
employment of adolescent labour except in hazardous processes or occupation.

The number of hazardous occupations and processes has been reduced from 83 to only 3-
mining, explosives, occupations mentioned in the factories act 1948. It leaves children open
to employment in all other kinds of hazardous industries including construction, asbestos,
brick kilns, glass factories and garbage picking.

It provides for the setting up of the Child and Adolescent Labour Rehabilitation Fund in
which all the amounts of penalty have to be realized. This provision has been drawn from
MC Mehta judgment.
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The amendment has been widely criticized for being toothless and instead of eradicating
child labour by its very root; it rather makes way for child labour to thrive.

CONCLUSION

The existence of practices like exploitation and child labour is a blot on a civilised society.
The truth remains that despite numerous laws made in pursuance of article 23 and 24 we are
still far from achieving a status of zero exploitation. Instead, India is home to 10 million
child labourers and more than 42.7 million children are out of school.

The exploitation of the weak by the stronger continues unabated. Forced labour, bonded
labour, trafficking continues to exist. The thrust needs to be on education, awareness,
concerted efforts on part of concerned authorities, generation of funds, creating employment
opportunities in curbing the evil.
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REFERENCE

1. Amisha, “Right against Exploitation | Article 23 & 24 of the Constitution”,

https://lexforti.com/legal-news/right-against-exploitation-article-23-24/ accessed on
6th May,2022
2. Singh, Utsav “Article 23 Of Constitution Of India”,
https://www.legalserviceindia.com/legal/article-5918-article-23-of-constitution-of-
india.html, accessed on 7th May,2022
3. Kaushal, Srishti “Right against Exploitation (Articles 23-24) Under Indian
Constitution”, https://blog.ipleaders.in/right-exploitation-articles-23-24-indian-
constitution/ accessed on 8th May,2022