Prohibition of Traffic in Human Beings and Forced Labour
Q. Which of the following is/are true?
1) ‘Begar’ means compelling a person to work against his will.
2) Article 24 deals with trafficking in human beings.- Published on 21 Feb 17a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Neither 1 nor 2
Prohibition of Traffic in Human Beings and Forced Labour - - Article 23 prohibits traffic in human beings, begar (forced labor) and other similar forms of forced labor.
- This right is available to both citizens and non-citizens.
- It protects the individual not only against theState but also against private persons.
The expression ‘traffic in human beings’ include -
1. selling and buying of men, women and children like goods;
2. immoral traffic in women and children, including prostitution;
3. deva-dasis; and
4. slavery
- To punish, the Parliament has made the Immoral Traffic (Prevention) Act, 1956.
- 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 payment.
- In addition to begar, the Article 23 prohibits other ‘similar forms of forced labor’ like ‘bonded labor’.
- The term ‘forced labor’ means compelling a person to work against his will.
- The word ‘force’ includes not only physical or legal force but also force arising from the compulsion of economic circumstances, i.e. working for less than the minimum wage.
- The Bonded Labour System (Abolition) Act, 1976; the Minimum Wages Act, 1948; the Contract Labour Act, 1970and the Equal Remuneration Act, 1976 were made.
- Article 23 also provides for an exception i.e., it permits the State to impose compulsory service for public purposes, as for e.g. military service or social service, for which it is not bound to pay.
- However, in imposing such service, the State is not permitted to make any discrimination on grounds only of religion, race, caste or class.
