Article 23 of the Constitution amended in 2014 includes the following provisions: 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.
3. CONTEXT
India as the world's largest democracy has also been a place of slavery
and exploitation of children and adults. Prior to the enactment of the
Indian Constitution, there were several forms of slavery, exploitation,
and widespread practice in India. But with the passage of time and the
adoption of the Constitution (Article 23 of the Constitution of India
1949) these practices were reduced to zero.
But even after these laws and regulations, there were many unethical
practices in human beings such as Rajasthan, in the northeastern
provinces, in other parts of the UP, Bihar, and various other places where
practices such as abstinence, human trafficking by forced labor, and so
on. it happens and the public still keeps closing and watching all of this.
4. CONTEXT
There are still many places where women are
discriminated against because of their sexuality and
other problems as in some areas they were not allowed
to enter their churches but there is no established
reason for this practice.
There are many cases of human trafficking in the north-
eastern provinces where the government is still in
power. it cannot find the cause and cannot take
concrete steps to stop those activities.
5.
6. As per
Article 23
Individual travel and hobo and other comparable forms
of bound activity are prohibited and any opposition to
this provision will be a legally binding offense.
Nothing in this article shall prevent the State from
enforcing compulsory aid for public purposes, and in
violation of that provision the State shall not make any
distinction on the basis of religion, race, rank or class, any
of these. Features of Article 23:
It protects both citizens and non-citizens against
government and private individuals against exploitation.
Article 35 authorizes Parliament to enact laws to punish
acts prohibited under Article 23.
It makes the world responsible for identifying and
removing any such vicious acts.
7. Practices
Prohibited
ByArticle
23
Beggar:
The word beggar comes from India. The beggar
was a framework in which the government (in
fact, the British Government) and Zamindars
used to encourage people to move their
products from one place to another. It means
compulsory work without a installment. The
beggar establishes 2 parts
It is to motivate a person to do his will, too
he is not paid for that work.
8. Practices
Prohibited
ByArticle
23
Population:
This word means to sell and buy people from
one person to another, sometimes from one
country to another, as if it were their
conversation. Although, slavery is not explicitly
stated under Article 23 but is included in the
definition of th Traffic to people. Pursuant to
Article 23, Parliament passed the Violence
Against Women and Girls' Sexual Offenses Act,
1956, to punish human trafficking.
9. Practices
Prohibited
ByArticle
23
ArrestedWork / Compulsory Work:
Here the job is not only because of his physical
and mental strength but also because of his
economic status we like to pay off his debts. In
this way, he is forced to work and if at the time
he is unable to pay his debts the employee
sometimes gets twice as much without pay or
passes on to the next generation. So from here
the word Bonded Labor or forced labor.
10. Case Law
Interpretations
PEOPLE'S Union for Democratic Rights v. Union of India
The case involved forced labor. The law prohibits any
form of forced labor whether due to mental, physical, or
economic pressure. Also, no one will be compelled to do
anything contrary to his will in any way, and doing so will
incur severe penalties.
Sanjit Roy v. State of Rajasthan
In, the State used individuals to do certain work under
the Hunger Relief Act. People were starving, so the State
used them. In any case, these people were paid even less
than the basic wages because cash was provided to help
them accumulate poverty.