This article is written by Amanpreet sethi ,BA LLB 2ND YEAR,FAIRFIELD INSTIUTDE OF MANAGMENT AND TECHNOLOGY during his internship.
Introduction
Despite being the largest democracy in the world, India was also a place for exploitation of children and adults and slavery. There were no . of cases of slavery and also widespread practice of bonded and forced labour before the enactment of our constitution.But with the adoption of our constitution and passage of time ( Article 23 of the constitution) , these practices were reduced .
But still after the passing of these rules & regulations there are still many unwanted practice towards humanity in some parts of Bihar & UP where practices like untouchability. and human trafficking. and society can’t do anything and watches this .
There are many places in india where women still faces discrimination on the basis of their gender and without any reason women in some places they are not allowed to enter and go anywhere during their periods week.
There are still many cases of human trafficking is found in states of North East and the govt is not successful in founding reason behind these activities and in taking respective measures to control these activities.
Nonetheless, the constitution ensures nobility and freedom to each individual, leaving no place for abuse,bondage.
Illustrations
Article 23 expressly forbids child labour, untouchability, and other similar practises, as well as human trafficking itself.Anyone who engages in such activities while residing in any area of the nation will face legal repercussions.
According to Article 23, “Traffic in persons, the hobo, and other like sorts of restricted work are denied, and any negation of this arrangement shall be a misdemeanour punishable by law.
Nothing in this article prevents the State from imposing required aid for public objectives, and when providing such assistance, the State will not discriminate on the basis of only one or more of religion, race, rank, or class.
Possibilities of Article 23:
It safeguards both citizens and noncitizens from exploitation by the government and private parties.
According to Article 35, Parliament is empowered to enact laws that will punish conduct that violate Article 23’s prohibitions.It makes the state responsible for locating and eliminating any bad practises of this nature.
Practices prohibited by article 23
- Beggar
The word “beggar” has Indian roots.
The government (specifically, British Government officials) and Zamindars employed the beggar as a framework to encourage the populace to carry their goods when they moved from one location to another.
It suggests required labour without payment. Beggar creates two elements.He isn’t paid anything for the work he does, which is to push someone to weaken their will.
- Human Trafficking Human trafficking refers to the selling and purchasing of individuals from one person to another, and occasionally from one country to another, as if they were chattel. Slavery is included in the definition of human trafficking even if it is not expressly addressed in Article 23.
The Suppression of Immoral Traffic in Women and Girls Act, 1956, was passed by Parliament in accordance with Article 23 to criminalise human trafficking.
- Bonded/ Force labour
In this situation, the labourer is forced to work not only due to physical and mental coercion but also becauseof his financial situation, such as the need to pay off debt.
He is compelled to work in this way, and if he is unable to pay off his debts on time, the work may occasionally double without pay or be passed along to the next generation. Thus, the term “bonded labour” or “forced labour” originated from this.
Case Law Interpretations
Union of India v. People’s Union for Democratic Rights
In this case, forced labour was discussed. Any form of forced labour, whether it results from economic, psychological, or physical pressure, is prohibited by the law. Furthermore, no one shall be required to work against his or her will, and those who do so will face harsh penalties.
Rajasthan State v. Sanjit Roy
In accordance with the Famine Relief Act, the State employed people for specific tasks. People were severely affected by starvation, thus the State made use of them. However, because the money was given to them to help them survive a famine situation, these people were paid even less than the minimum wage.
According to Bhagwati J., it is against Article 23 to pay someone working in famine relief work less than the minimum wage. The State is prohibited from unfairly taking advantage of these people’s helplessness on the pretext of assisting them in coping with a famine or drought.
Union of India v. Destat
It discussed labourers ejected from jails and declared that accepting labour work of any form without payment amounted to forced labour. The state has the right to pay the inmates salaries for the labour they did for the state.
Conclusion
As a result, despite the fact that there are numerous laws, rules, and regulations pertaining to it, the poor andvulnerable members of our society continue to suffer.
A technologically based mechanism should be used to stop all such activities as forced labour and human trafficking, where every worker residing in any part of the nation will have to register themselves there with their full details of themselves, about his company in which he is working, the salary amount which he is getting, etc. and wellorganized check should be maintained over these activities of registration and further works.
If the company is trying to remove the worker, then a valid reason should be given from the company side for the removal, & if the reason is not up to the expectations of the inquiry committee, then the worker should be immediately allotted his previous posts in the s
