Article 23 - Right against exploitation

Article 23 - Right against exploitation

• 1.
  Article 23- Prohibitionof traffic in human beings and forced labour (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 Two parts of Clause 1 1 . Prohibits Forced Labour and Traffic 2. Contravention of this Provision shall be an offence
• 2.
   (2) Nothingin this article shall prevent the State from imposing compulsory service for public purpose, 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
• 3.
   Traffic :Selling and Buying of women  Slavery : It is not mentioned in Article 23 but it is included in expression of “ Traffic in human being “  Bonded labour : Forced labour  Begar : involuntary work without any payment or compel the person to do work against his will.
• 4.
   Protects Individualnot only from State but also against Private citizen. It also Prohibits bonded labour.  Protection to both Citizens as well as non citizens
• 5.
   People unionfor Democratic rights vs Union of India Held : Supreme court said that Article 23 is wide and unlimited and strikes at “ Traffic in human beings” and “ begar ” not merely begar but also other forms of forced labours because forced labour is violative of human dignity and contrary to basic human values
• 6.
   If aperson has contracted with another to perform service and there is consideration for such service even remuneration is going to be paid for it , he cannot be forced by compulsion of law as it would be forced labour within Article 23  Minimum wage : If the person who provides the labour or service to another for remunertion received for it is less than minimum wage , it is forced labour
• 7.
   Held :Payment of wages lower than the minimum Wages to the person employed on famine relief work is violative of Article 23 .  The state cannot take a ground of Famine , drought , scarcity situation.  State cannot pay him less than minimum wage
• 8.
   Held :Prisonerswithout proper Remuneration was “ Force Labour “ as violative of Article 23  State vs Banwari  U.P Removal of civil disabilities act  Babers and dhobis refused to shave and wash clothes of Harijans.  Convicted under Sec 6 of the above act (when a person is prohibited from refusing to render service merely on the ground that the person asking such service belongs to a Schedule caste , he is not subjected to forced labour ) .