childtrafficating and its impact on the society

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From:
KAMBLE RAVISHANKAR DAGDU KAMAL.
Batch- 2018-20, (Ex student),
Regular 2020-21, SEM- 3, IPR,
ASSIGNMENT NO 1-
SUB- ANALYTICAL STUDY ON CHILD TRAFFICKING LAWS IN INDIA
DEFINITION –
Trafficking of children is a form of human trafficking & is defined by the United Nations as -
- Recruitment, - Transportation, - Transfer, - Harboring,
Receipt" - Kidnapping (of a child for the purpose of
- SLAVERY, FORCED LABOR & EXPLOITATION).
According to the law,
i) Person who has not completd eighteen years of age comes under the category of child.
ii) When anyinjustice or exploitation caused to such children it is med as child trafficking.
iii) It is defined as act of cruelty where illegal transportation of child, act of buying and selling for
some commercial use and for the purpose of exploitation which is performed within or outside
the country.
Child trafficking where infringement ofa child bythe offenders so there is nofreedomprovidedand cruelty
is expressed.The act of trafficking hasviolatedthe pattern ofhumanrights ofchildren and the process of
kidnappers is targetedto children without guardian and stray children.The ethical andcultural values are
also lost its freedom and represent an ideological aptitude towards the society and talks about
enslavement.
- Child trafficking can further be defined as any person under 18 who is illegally recruited,
transported, transferred, harboured or received by threats, force, and coercion or inducing
fear for the purpose of exploitation, either within or outside a country. Child trafficking is a
common malpractice in India. Child exploitation is done for several reasons as under,:
- Primary reasons - FORMS OF CHILD TRAFFICKING INCLUDE,
- Involuntary domestic servitude, - Forced child labour, - Illegal activities,
- Child soldiers & - Children exploited for commercial sex.
ROOT CAUSES. Of child trafficking in India are: poverty, a lack of education, and the need to financially
support their family. The unemployment rate in India is very high with the United Nations Development
Programme estimating it to be at 3.5%. The primary cause of child trafficking is how lucrative it is
for child traffickers,

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- Poverty. - Lack of Education. - No Birth Records, Humanitarian Disasters. ...
Ineffective Legislation, - Lack of Enforcement
EFFECTS- Although empirical studies have not assessed the psychological impact of child trafficking,
case studies have reported adverse emotional effects among trafficked children, including –
depression, - hopelessness, -guilt, shame, -flashbacks, - nightmares, -
loss of confidence, -lower self-esteem, and - anxiety (ECPAT, 2006a).
Child trafficking occurs when children are taken away from safety and exploited. Children who
are trafficked are often forced into some form of work, used for sex or simply sold. ... Child trafficking is
linked to demand for cheap labor, especially where the working conditions are poor.
MAIN INTERNATIONAL DOCUMENTS dealing with the trafficking of children are -
- the 1989 UN Convention on the Rights of the Child,
- the 1999 ILO Worst Forms of Child Labour Convention, and
- the 2000 UN Protocol to Prevent, Suppress andPunishTraffickinginPersons, EspeciallyWomen & Children
STATISTICS ON CHILD TRAFFICKING
Though statistics regarding the magnitude of child trafficking are difficult to obtain, the International Labour
Organization (ILO) estimates that 1.2 million children are trafficked each year.[2]
In 2012, the United Nations Office on Drugs and Crime (UNODC) reported the percentage of child victims had
risen in a 3-year span from 20 percent to 27 percent.[3]
Every year 300,000 children are taken from all around the
world and sold by human traffickers as slaves. 28% of the 17,000 people brought to the United States are children
— about 13 children per day.[4]
Every year, 44,000 children fall into the clutches of gangs.
The 2012 Global Reporton Trafficking in Persons released byUnited Nations Office on Drug and Crime
(UNODC) has revealed that 27% of all victims of human trafficking officially detected globally between
year 2007 and 2010 are children. In 2014, 76% of all people trafficked in India were women and girls. .
In 2015,only 4,203 human trafficking cases were investigated in India.It is estimated that over 2 million
women and children are trafficked for sex into the red-light districts in India.
GLOBAL REPORT ON TRAFFICKING Child trafficking either happens for sex trade or for child labour.
Another big area of concern is the gender skewing among missing children, as the MHA data reveals.
Over 2010-2014, out of the 3.85 lakh children who went missing across the country, 61%were girls.
For example, the number of missing girls in the state of Andhra Pradesh stands at a shocking 11,625
as against 6,915 missing boys (The Times of India). These girls are often forced into prostitution and
begging rackets and are destined for a life of child abuse and exploitation.

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REMEDIES / SUGGESTIONS - FOUR TYPES OF ACTION:
- Broad Protection, - Prevention, - Law enforcement, & - Victim assistance.
Measures to protect such child trafficking such as inculcatingthe importance of issues and teach safety
measures at initiallyproper educationmust be provided. ( Sylivian E.Dessy, Stephe n Pallage 2006). It is
consideredas the centre of suchoffenders the Immoral Prevention Act 1956 which gives protectionagainst
the women and children (Johnson 2003).
-
- It is suggests i) Human trafficking which stays at the profitable industryin the world whichis prevailing in
developedandundevelopedcountries(web article).There is more demandin the illegal market for organs
so suchtraffickers make use of it kidnapvarious children plunder their organs andthey sell for higher price
at illegal black market the intermediaries involved here also gains more profit ( Philip Perry 2014).
-
- ii) Every childmust have minimumeducation in order avoid such crimes there is prevalence until there is
chance for it (Tomar O.Muhammad 2010).
- The ANALYSIS that the trafficking stands third at the list of largest crime rate and the system of slavery of
children is newthat is due to most of the people below the line of poverty.(Silvia Scarpa 2005). There is
existence of international laws anddiscusses about the mental stress facedbythe affected people which
can be difficult to adapt to the environment(RCY Chung 2007). The child trafficking can be linked with
various difficulties facedbyyoung children’s and the reason for crime is due to lackof political will in state
(Biswajit Ghosh 2009).
- Child Trafficking Is Most Common In -Latin America, - the Caribbean - Asia, &
- Africa.
Child Trafficking in India Thousands of women and children are trafficked every day. Within the overall
profile of trafficking in South Asia, India is a country of both transit and destination. There is a
considerable degree of internal trafficking as well as some trafficking from India to Gulf States and to
South East Asia. Sale of children and their movement across the state borders takes place within the
country too.
In other words,while there is movement of children through procurement and sale from one country to
another, with India being both a supplier as well as a “consumer”, there is internal “movement” of
children within the country itself – one town to another, one district to another and one state to another.
It is undertaken in an organised manner, by organised syndicates or by individuals, and sometimes
informal groups. Relatives and parents are part of this as well.
TRAFFICKING OF CHILDREN - Sexual exploitation: children, especially girl children are lured into
moving to another city and are forced into prostitution, sex tourism and pornography. - Illegal
activities : . Labour : children brought into the city are sold as bonded labour to industry owners. They
are often placed at factories of carpet weaving, diamond cuƫng etc Young girls are sold to older men
who marry these girls or sell them to other men.

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TYPES OF CHILD TRAFFICKING IN INDIA INVOLUNTARY DOMESTIC SERVITUDE-
Domestic servitude could be a special class of labor trafficking: the plight of domestic employees love maids,
servants, housekeepers, child-caregivers, those caring for the aged, the ill, and also the infirm. In several
instances, a number of these duties couldoverlap. It constitutesthe second highest incidence of forced labor
during this country.
Several ofthem suffer abuse, ending upbasicallycommandbond. Children square measure terribly vulnerable
once it involves Domestic thralldom. typicallyyoungsters square measure told that they'll be offered glorious
wages to figure as a maid inupper-middle-class homes, however they typically find yourself being severely
underpaid, abused, andgenerallysexuallymaltreated. This specific sort oftrafficking is difficult to find as a result
of it takes place withinnon-public homes wherever there's no public social control. Once a year manythousands
of womensquare measure traffickedfrom rural Bharat to figure as maids within the urban areas. Currently
nearlythirty% of India’s one.2 billion folks area unit classandthis is oftenexpected to surge to forty five % by a
pair of 2020.Yet as folks get wealthier, a lot of girls International Journal of Pure andAppliedMathematics Special
Issue 1401 quit to figure anda lot ofanda lot offamilies live to tell the tale their ownwhile not relatives to assist
them, the voracious demand for maids has outstripped provide.
Forced Child Labour Legally, Children inRepublic of India area unit allowed to try and do lightweight work,
however they're typicallytrafficked for secured labour, anddomestic work, andarea unit workedwayon the far
side what's allowed withinthe country. Theyalsoare forcedto figure as secured laborers inbrick rundi andstone
quarries to payoff familydebts owedto moneylenders andemployers. 11(Tomar O Muhammad 2010) Others
could alsobe certain byabuse whether or not physical, emotional, or sexual children from India’s rural area
unitas migrate or are traffickedfor employment in industries, cherishspinning mills, oilseedproduction, manual
work, domestic addfamilyhomes, stone production, brick kilns and tea gardens amongst others, wherever
they're forced to figure inventurous environments for small or nopay. Those forcedintolabor loseall freedom,
being thrown into the personnel, basically turning into slaves, and losing their childhood.
Illegal Activities Illegal OrganTrade Organtraffickingand illicit transplant surgeries have infiltrated world
practice. However despite the proof of widespreadcriminalnetworks and several other restricted prosecutions in
countries as well as Republic of India, Kosovo, Turkey, Israel, SouthAfrica andalso the United States of America,
it's still not treated with the seriousness it demands.
The trade involves a networkof humantraffickers as well as mobile surgeons, brokers, patients, and sellers
World HealthOrganizationmeet for hole-and-corner surgeries involving cut-throat deals that are enforced with
violence, if needed. several ofthe “kidneyhunters” former sellers, recruited by crime bosses into the tight
internet oftransplant trafficking schemes.12(PhilipPerry2014) sellers embrace poor nationals, new immigrants,
world guest staff, or political and economic refugees recruited from abroad to serve the requirements of
transplant tourists in countries that tolerate or activelyfacilitate the black-market transplant trade.13.(Biswajit
Ghosh2009) Google Scholar Citationsexploitation, forced labour or service, slaveryor followalmost like slavery,

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thralldom for the removal oforgan. 14.www.childline.org protection of child rights The inability and mental
incapabilityto take decisions are the mainreasonfor suchprevalence ofchildtrafficking.15.( Neil Howard, Sam
Okyere 2015)
Begging of Children in India, children’s work to earncash inorder that theywill support their family. As young as
vi years previous works onthe streets or on the railwayInternational Journal of Pure andApplied Mathematics
Special Issue 1402 platforms. Even on railways youngsters work on the platform.
THE KID LABOR (PROHIBITION AND REGULATION) MODIFICATION ACT, 2016 states using youngsters (below
fourteen years)has beenprohibitedall told occupations and processes, with bound restricted exceptions.
Commercialsexual exploitationof youngsters (CSEC) is closelyregarding sex traffickingandinvolves “crimes of a
sexual nature committedagainst juvenile victims for money or different economic reasons. These crimes
embrace trafficking for sexual functions, vice crime sex touristry, mail-order-bride trade, earlywedding, erotica,
stripping, andactinginsexual venues reminiscent of peep shows or clubs.” 12 several conjointly embrace
“survival sex” duringthis definition (exchange of gender for basic wants reminiscent ofshelter, food, or money),
a follow ordinarilyseenamonghomeless/runawayyouth. once CSECinvolves U.S. voters or legal residents put-
upon on U.S. territory, this is often termed domestic minor sex trafficking.
Multinational Trafficking involves victims transportedacross national boundaries for the needs of economic
exploitation;in 2012, the bulkof multinational victims known withinthe u. s. originated from North American
country, Thailand, the Philippines, Honduras, Indonesia, and Central American nation.16.(Drn Smolin 2012).
Exploitation shall prepare at the, minimum, the exploitation of the crime of alternatives. Prevalence Child
traffickingis a problem that's extraordinarilyrife inAsiancountry, and is constant to growapace. The trafficking
of young ladies (under the age of 18) has adult fourteentimes over the last decade and has grown by sixty fifth
simply within the year 2014 in line with the National Crime Record Bureau (NCRB).
There are variedreports from severalareasconcerningthe riseof traffickinghappening inAsian country,in line
with the U.S. State Dept. there square measure some 600,000 to 820,000 folks trafficked a year across
international borders, & up to 500th of these square measure youngsters this can be undoubtedly seen as a
growingissue inAsia, with the various youngsters that square measure & still be trafficked for several reasons
still as being exploited.
IN ASIAN COUNTRY specifically, it's calculable that there square measure around one hundred thirty five,000
youngsters traffickedeveryyear. Silivia Scarpa In 2005, a study was conducted by the National Human Rights
Commissionof Asiancountry(NHRC) when theyreceived Associate inNursing dismaying range of reports from
the press, police, andnon-government organisations (NGOs)concerning the increase of humantrafficking among
Asiancountry. Theyfound that Asian countrywas quick turning intoa supply, transit purpose anddestination for
traffickers of ladies and youngsters for sexual and non-sexual functions.

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THIS FINDING has solelyenlarged since being recognizedin2005, andis turninginto a reallymassive drawback.
Almost 20,000 youngsters andgirls were subjectedto humantraffickingin2016. this can be a virtually a twenty
fifth rise from2015, that maybe a massive increase for one year to a different. The areas of the best concern
were International Journal of Pure andAppliedMathematics Special Issue 1403 impoverishment stricken areas
reminiscent of state, Bihar, Karnataka, province, geographic region, Madhya Pradesh, Rajasthan, province and
province. The state among Asiancountrythat has the foremost quantityof kid trafficking is province, holding
thirtyeighthof the nation’s cases. Whereasthe difficultyof kid trafficking is higher in some specific components
of Asiancountry, it's a reallywidespreaddrawbackeverywhere the state. It’s troublesome to seek out precise
numbers on the difficultyof kidtrafficking because of the actual fact that it's extrajudicial, that the method is
extremelyuncommunicative. From the knowledge that's proverbial, there's a reallyclear increase, not solelyover
the past decade, however conjointly from year to year. this can be extraordinarily regarding and also the
knowledge looks to purpose to the belief that it'll still rise.17.(Jason2009) The protocol "provides AN prerequisite
definitionof trafficking in persons. It aims at comprehensively addressing trafficking in persons through the
alleged 3 P's - Prosecution of perpetrators.
- Laws To Protect Children- The legal framework for addressinga case against kid trafficking is as follows:
- The Indian Penal Code 1860 - The IPCpunishes cheating, fraud, kidnapping, wrongful confinement, criminal
intimidation, procuringminors, shoppingfor andcommerce of minors for immoral functions. Special and
native Laws that may be wont to book specific forms and functions of trafficking include –
- Guardianship and Wards Act, 1890.
- Child wedding Restraint Act, 1929.
- Hindu Adoption and Maintenance Act, 1956.
- Bombay interference of mendicancy Act, 1959.
- Bonded Labour System (Abolition) Act, 1976.
- State Devadasi (Prohibition of Dedication) Act, 1982
- Child Labour Prohibition & Regulation Act, 1986. Immoral Traffic (Prevention) Act, 1986.
- Andhra Prdesh Devdasi ( Prohibition of Dedication) Act, 1988 or
- Prevention of Illicit Traffic in Narcotic medication and hallucinogenic Substances Act, 1988.
- Schedule Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- Transplantation of Human Organ Act, 1994.
- Information Technology Act, 2000.
- International Journal of Pure and Applied Mathematics Special Issue 1404.
LAWS IN AMERICA Historyof kidabuse laws throughout the us, together with wherever illtreatment statues
originated, and an outline of the federal 1974 the kid Abuse bar & Treatment Act (CAPT).
The mainlaw regulation kid labor withinthe us is that the truthful Labor Standards Act. For non-agricultural
jobs, kids underneathfourteen might not use, kids between fourteen and sixteen is also utilized in allowed
occupations throughout restrictedhours, andyoungsters between sixteen and eighteen is also utilized for
unlimited hours innon-hazardous occupations. Varietyof exceptions to those rules exist, comparable to for
employment byoldsters, newspaper delivery, andkidactors. The rulesfor agriculturalemployment are typically

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less strict. The National child Labor Committee, a companydedicated to the conclusion of all kid labor, was
fashioned in 1904.
LAWS IN CHINA The minimumage for operatinginChina is sixteen. Before The PRCLabor Law (Labor Law) was
passed in 1994, the State Council issued The Provisions onthe Prohibitionof exploitationkid Labor (Child Labor
Provisions)to banchildlabor in1991, that were amended in 2002.18.( Q Jiang Jesus J Sanchez 2013).317-335.
In 2003, Eight Central Government Authorities together withthe Ministryof Labor, the Ministry of peace, and
also the Ministryof Educationcollectivelyissueda notice to strengthenimplementationof kidLabor Provisions.
Article fifteen ofthe Labor Law prohibits associate leader to recruit minors below the age of sixteen, with
exceptioncreatedfor establishments of literature, art, physical culture, and special crafts which can recruit
minors through investigationandapproval ofthe govt. authorities, and shouldguarantee the minors’ rights to
obligatoryeducation. Exploitation kidlabor while not government approval might endin RMB5,000 (equivalent
to concerning USD $660) fine per kid employee per month.
LAWS IN AFRICA Providingcare andsupport to several parentless and vulnerable kids and reducing the high
levels ofviolence against kids andgirls are among SouthAfrica’s most intimidating tasks. Even withthe country’s
progressive kidprotectionlaws andpolicies, preventing andaddressing violence remains a serious challenge.
ManyfamiliesinRepublic of South Africa face severe International Journal of Pure and Applied Mathematics
Special Issue 1405 challenges inprotective andcaring for his or her kids. On one hand, the countryhas genetic a
gift of violence, extreme difference andsocialdislocation. On the opposite hand, the country’s immense HIV
burdenhas resulted in highlevels oforphaning. Childhood’s are purloined as kids attack adult roles as caregivers
of unwell parents; or of s iblings in child-headed households.
- A Progressive Legal Framework A keynationalaccomplishment has beenthe institution of a progressive
legal frameworkandtherefore the elaborationof policies that shieldkids & guarantee their rights to social
services. The Children’s Act brings South Africanlaw in line withthe Convention on the Rights of the kid.
- The kid Justice Act establishesa separate criminal justice systemfor youngsters inconflict with the law, and
therefore the Sexual Offences Act includes a large vary of crimes that ordinarily occur against kids.
Together, these laws kind the muse of a comprehensive kid protection framework.
- Findings The result of the studyis that there are childtraffickingstill prevailing inIndiaandthe maincause
is that due to proper awareness& knowledge about such crime happeningaroundthem andilliteracywhich
may be the cause which creates an opportunity to such traffickers and poverty which provides an
opportunity to traffickers.
- In stepwitha report revealed by U.S. Department of State, “India couldbe a supply, destinationandtransit
countryfor men, girls andyoungsters subjected to forcedlabour andsex trafficking.19.(Ilse DerylynMeduc,
Eric Brokereat 2004) The underprivileged social strata- lowest caste Dalits, members of social group
communities, non secular minorities female from excluded teams – area unit most vulnerable.
- The lack of awareness may be a state of affairs that traffickers exploit particula rly once it involves
uneducatedpoor living inslums & alternative backward regions withinthe country.20.Traffickers promise

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dailywagesto oldsters of young youngsters andtransport themto massive cities wherever they're usually
treatedas commodities. Families indire moneyconditions area unit usuallyapproachedbytraffickers with
a suggestion to shop for their youngsters & with no alternative shake their pitiful conditions.
- Suggestions The reason for such crimes is due to lack of awarenesssothe childtraffickers take the chance
especiallythe people of backward regions andilliterate people where suchtraffickers use this opportunity
and provide angratuitous promise to provide more wages transport them to big cities and treat them as
commodities. Families die due to financial conditions often approachto purchase children. So as parents
theymust have knowledge andabilityto identifysuchtraffickers there are many organisation who must
work for spreading awareness must tightenthe securityin rural areas especiallyand private organisation
should come forwardto protect & finance such children to education & enable them to go to school.
- Conclusion- India is viewedas a hub for humantrafficking, whereas the difficultycould be a lowpriorityfor
IndianGovernment. The Immoral Traffic Interference Act was initial amended in1956;the act was created
to stop traffickingand sexual exploitationof ladies andchildrenhowever willthe Act offer clear definition
of "'trafficking'"
- In 2003, Asian nationimplementedthe international organization Convention against multinational
gangland, which incorporates 3 protocols, specifically the Protocol to stop, Suppress, and penalize
Trafficking in Persons, particularly girls and kids.
ARTICLE 23(1) IN THE CONSTITUTION OF INDIA 1949
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. Citedby 68 docs - [View All]
Kadar vs Muthukoya Thangal on 17 July, 1961 In Re: Prison Reforms Enhancement ... vs Unknown on 13
April, 1983
Article 23 in The Constitution of India 1949- Prohibition of traffic in human beings & 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
(2) Nothinginthisarticle shall prevent the State fromimposingcompulsory service for public purpose, and in
imposingsuchservice the State shallnot make anydiscrimination ongrounds onlyof religion, race, caste or class
or any of them
Section 53 in The Indian Penal Code- Section 53 of the IPC in Chapter III deals with the kinds of
punishments which can be inflicted on the offenders. They are as follows: Death penalty, imprisonment
for life, imprisonment, forfeiture of property & fine. ... 3 Thus, generally speaking, the IPC gives much
sentencing discretion to the judicial officer.

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Article 43 in The Constitution Of India 1949-The State shall endeavor to secure, by suitable legislation or
economic organization or in any other way, to all workers, industrial or otherwise, work, a living wage,
conditions of work ensuring a decent standard of life & full enjoyment of leisure & social & cultural
opportunities.
Kerala High Court In Re: Prison Reforms Enhancement ... vs Unknown on 13 April, 1983 , Equivalent citations:
AIR 1983 Ker 261, Bench: P S Poti, T C Menon JUDGMENT Subramonian Poti, Ag. C.J.
1. This Court has been receiving petitions from prisoners in the various jails of the State either directly or through
the grievance deposit boxes maintained in the jails. Such of those matters as call for attention of the Government
are brought to the notice of the Government by the High Court, expecting that action would be taken thereon and if
no action is taken then the court is called upon to look into the matter on the judicial side & pass necessary orders.
2. The High Court forwarded a request of 19 prisoners from the Central Prison at Cannanore to the Government
for necessary action along with the letter of the Registrar dated 18-6-1982. One of the prayers made in the
representation by the prisoners was that the wages of the prisoners may be enhanced. The Government's attention
was drawn to this prayer. In fact the question of enhancement of wages of prisoners was pending with the
Government on a recommendation made by the High Court earlier. That has been so pending for a fairly long time,
for more than three years now. In the meantime representations in that matter are being received from the
prisoners. Therefore the High Court decided to take cognizance of the complaint of the 19 prisoners concerning the
propriety of non-payment of adequate wages. By then the High Court also received a similar petition from another
prisoner, one P. V. Sandappan who also raised the question of inadequacy of wages. Thus the matter has been
taken up in these two petitions so that we could consider the question of justification for direction as to wages to be
paid to the prisoners in the jails in the State.
3. Though the prisoners were not as such represented in this court we had the assistance of eminent counsel who
acted as amicus curiae in this case. We place on record our thanks to Sri P. Balagangadhara Menon, Advocate,
who from the very commencement of this matter has been of great assistance to us. So is the case with Sri S.
Sivaraman, Advocate. We had also the benefit of hearing the arguments of Advocates Sri K. A. Abdul Salam and
Sri M.P. Krishnan Nair repersenting the Law Society of India. We also heard Mr. Vincent Panikulangara, the
Secretary of the Public Interest Law Service Society (PILSS). The learned Advocate General fairly placed before
us the Government's point of view and furnished us material that we wanted in the case.
4. The question for decision is by no means easy. It is complicated, more so because of attitudes. Theapproach to a
criminal, the purpose of punishment, the object to be achieved by keeping the prisoner behind bars, the need for a
harsh or soft treatment towards the criminal are all matters on which there has been and there continues to be keen
controversy. Civilised opinion recognises the role played by society in the preparation of crimes. Society prepares
the crime, the criminal commits it said Henry Thomas Buckle. The criminal is, according to one school of thought,
to be dealt with as a victim, but equally powerful is the other school which considers him in a different light and
which considers that unrelenting misery should be decreed for the criminal, deterrence being, according to that
school, the very purpose and object to be achieved by the punishment. Though reference to the righteousness of
these attitudes may perhaps be not irrelevant here the question that we are called upon to decide must necessarily
be approached from an entirely different angle. The morality of inadequate wages paid to a prisoner is a matter
essentially for the Legislature to consider and the executive to feel about. Whatever may be the sentiments of the
court on this question it is not for this court to lay down any policy. All the same the court will activise itself in the

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cause if by denying adequate wages for the labour extracted from a prisoner, extracted at an illusory cost, the
constitutional rights of a prisoner is being infringed & the prisoner is exploited. So the issue before us is whether in
law the claim of the prisoners in the various jails of the State for proper remuneration for the work they are
compelled to do not on their own volition, but because of the compulsions of the prison rules is enforceable by this
Court's mandate.
5. The attention of the Government of Kerala has been drawn by the High Court by communication dated 15-2-
1980 to the need for looking into the question of revision of wages paid to the prisoners in the Jails of the State.
This communication was based on the information furnished to the High Court by one of us the Acting Chief
Justice, who happened to receive complaints about, the nominal wages being paid to the prisoners working in the
Central Prison. In a subsequent communication sent to the Government by the High Court alone with a report of
12-6-1980 of the Committee appointed by the High Court the Government was told that no response had been
received by the High Court from the Government on, the recommendation to revise the wages of prisoners. The
Government, brought to the High Court's notice a Government order dated 31-5-1980 by which the minimum rate
of wages for a prisoner was fixed by revision as 50 paise and the maximum as Rs. 1.60. No doubt, the Government
had taken action on the communication from the High Court calling attention to the need for revision of the wages.
This gesture by the Government in increasing such wages marginally was still considered by the High Court as
inadequate.
A committee of three Judges of this Court was constituted to go into this question among other matters and report
thereon. A copy of the report dated 16-3-1981 was thereafter sent to theGovernment. This report particularly drew
the attention of the Government to the various provisions relating to payment of wages, the statutory and
constitutional obligation of the Government to pay adequate wages and finally advised the Government to adopt
the principle of Paying reasonable wages, the reasonableness being determined on the basis of what is fixed as
minimum wage in the industry or trade similar to that in which the prisoners are engaged. More than two years
have passed since then & evidently no action has been taken as seen from the statement filed on behalf of the State
in this case. This statement has been filed in the two Original petitions by the Joint Secretary to Government.
Home Dept In the statement reference is seen made to the minimum and maximum rates of wages in the prisons at
50 Paise & Rs.1.60 respectively. Reference is also seen made to the reports of the Committee of the Judges and it
is stated that the Government is giving very anxious & urgent consideration to the recommendations made by the
Committee. It is further stated that the Government proposes to enhance the wages of the prisoners in the jails in
Kerala and a decision to that, effect will be taken shortly. Mention is made of the fact that the Govt -ernment had
constituted a Prison Reforms Commission to go into various aspects relating to the prison reforms.
6. We are not persuaded to put off our decision in this case or to drop consideration of the issue raised herein as to
the wages to be paid to the prisoners on the basis of the statement that the matter is engaging the attention of the
Government or of the statement that this is one of the matters referred to the Prison Reforms Commission. Though
the matter has been brought to the notice of the Government early in 1980 and three years have passed and the
specific recommendation on the matter by the High Court has been sent two years ago apparently no decision
seems to have been attempted, so much so there is no justification in declining to decide this question here. The
Prison Reforms Commission whose term of office was one year, has outlived that term and its second term is
understood to expire by the end of September, 1983. Due to various reasons the functioning of the prison Reforms
Commission Hoes not appear to have commenced. In this background we think that we will be abdicating our
functions if we decline to decide this question for reasons urged. In fact, though the statement refers to these

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reasons we do not understand the stand of the Government as reflected in the arguments of the learned Advocate
General as one wanting us to put off decision on this issue.
7. Section 53 of the Indian Penal Code categorises imprisonment provided under the Indian Penal Code. Rigorous
imprisonment is imprisonment with hard labour. Imprisonment may be rigorous or simple or may be for life.
Section 55 provides that in every case where imprisonment for life is the sentence imposed, the appropriate Govt-
ernment may, without the consent of the offender, commute the Punishment for imprisonment of either description
for a term not exceeding 14 years. Therefore life imprisonment is capable of being commuted into simple or
rigorous imprisonment. The Jails of the State house convicts who have to undergo rigorous imprisonment as well
as those who have to undergo simple imprisonment, the former class being bound to do hard labour.
8. The Travancore-Cochin Prisons Act 1950 extends to the area of the whole of the erstwhile State of
Travancore-Cochin. Central Act 9 of 1894 applies to the Malabar District of the erstwhile State of Madras. The
Kerala Prison Rules 1958 extends to the whole of Kerala. Section 37 of the Travancore-Cochin Prisons Act
envisages employment of criminals sentenced even to simple imprisonment and if they neglect work penalty can
be imposed on them by altering the scale of their diet. Exhaustive provisions are made in Chapter XXII of the
Kerala Prisons Rules concerning convict labour. Rule 377 envisages three main classes of labour, hard, medium
and light and the scale of tasks is arranged according to these classes. Reference may also be made to Rule 384
which deals with utilisation of wages. That rule envisages utilisation of one-third of the wages earned by a convict
for his personal needs in jail. One-third could be sent to the family for its needs and the remaining one-third is to
be reserved for being paid to the prisoner on his release. One-third to be utilised by the prisoner in jails is given to
the prisoner in the form of coupons for making purchase from the jail canteen. He could even purchase remission
from the wages so paid to him.
The General Assembly proclaims the Universal Declaration of Human Rights as a common standard of
achievement for all people and all nations. Article 4 declares that no one shall be held in slavery or servitude.
Article 23 Clause (1) of the Declaration envisages that everyone has the right to work to the free choice of
employment, to just and favourable conditions of work and to protection against unemployment. Clause (3) of this
Article, which is particularly relevant for our purpose provides that everyone who works has the right to just and
favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and
supplemented if necessary, by other means of social protection. The International Covenant on civil and Political
Rights provides in Article 10 (1) that all persons deprived, of their liberty shall be treated with humanity and with
respect for the inherent dignity of the human person Article 10 (3) which reflects modern enlightened and civilised
opinion on our penological approach is of importance and may be quoted here:
"10 (3). The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their
reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment
appropriate to their age and legal status."
24. Having found that the prisoners undergoing sentence of imprisonment in the jails of the State are entitled to the
enjoyment of their fundamental rights and the guarantee of such fundamental rights is available to them except in
so far as such rights may have to be curtailed or, restricted by reason of the fact of imprisonment we will proceed
to examine how far their right to receive remuneration for their labour will be available to them as a Constitutional
right.

12. 12
Article 23 (1) of the Consitution of India prohibits forced labour. Our attempt here is to examine how far labour
taken from the prisoners and not properly remunerated could be said t0 infringe Article 23 (1) of the Constitution.
To appreciate the scope of the right under Article 23 (1) it may be necessary to refer to the other provisions of the
Constitution.
Article 39 lays down the rules of policy to be followed by the State and Clause (a) of this Article particularly refers
to the principle that the citizens should have right to adequate means to livelihood. The State has an obligation
under Article 41 of the Constitution to make effective provision for securing the right to work, of course, within
the limits of State's economic capacity. Just and humane conditions of work must be secured by the State.
Article 42 provides for such an obligation. Article 43 envisages the duty of the State to endeavour to secure by
suitable legislation or economic organisation or in any other way to all workers a living wage, conditions of work
ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities. The securing
of a living wage by way of remuneration is the essence or spirit of the message embodied in Article 43 which
should inform and inspire the State in all its activities and should form the foundation for its actions. Article 23 (1)
of the Constitution reads:
"23. Prohibition of 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".
Though a restricted meaning was being given by some of the High Courts in India to the terms 'forced labour' in
this article treating that as something analogous to begar such an approach would not be warranted now. The scope
and content of Article 23 has been well examined in the recent decision of the Supreme Court in People's Union
for Democratic Rights v. Union of India (AIR 1982 SC 1473) and this, view has been reiterated by the Supreme
Court in Writ Petition No. 6816 of 1981 : (Reported in AIR 1983 SC 328). Article 23 (2) has application only to
cases where the State thinks it necessary to impose compulsory service for public purpose such as conscription.
That may have no relevance to the question now before us.
26. Now let us proceed to examine Article 23 (1) of the Constitution. It prohibits begar. It prohibits other similar
forms of forced labour. The element of compulsion in forced labour need not necessarily be by reason of
enforcement of contractual obligations. Social or economic compulsions may also be the basis of forced labour.
Merely because remuneration is paid and that remuneration is adequate labour will not cease to be forced or
compulsory. The labour should be offered voluntarily.
Whether the provisions of a penal statute such as Section 53 of the Indian Penal Code which decrees labour as a
content of the punishment would operate as a valid exception is an interesting question. In the People's Union case
the court look the view that even if there be a contractual obligation on a workman to serve for a specified term if
the workman is not willing to serve for the whole term, but is compelled to do so it would be forced labour.
Evidently that is because even contracts need not always reflect the voluntary character of the consent. What
would be the position of a statutory obligation arising by reason of a pre-constitution enactment to perform hard
labour, not necessarily offered voluntarily is a matter that may call for examination as and when such a question is
raised before us. We are not called upon to consider that, question here since before us no such case was suggested
and therefore we had no occasion to examine it. We assume for the purpose of this case that because of the

13. 13
statutory provision in Section 53 of the Indian Penal Code performance of labour by the prisoner could be enforced
whether he consents to it or not but all the same another aspect of the case calls for close examination.
The Indian Penal Code only decrees hard labour and not free labour. If there is a fundamental right available to a
person to Ret remuneration for the work done by him and non-payment of such remuneration would also amount
to 'forced labour' within the meaning of that term in Article 23 (1) of the Constitution of India should not the
prisoners be entitled to claim that by extracting not only hard labour but also free labour from them the provision
in Article 23 (1) of the Constitution has been infringed? Could they not complain that Section 5 of the Indian Penal
Code enables imposing hard labour on them, but does not envisage free labour and that in the light of Article 23
(1) of the Constitution if such free labour is extracted from them that would amount to forced labour and
consequently the court should come to their rescue?
27. We must frankly admit that it is the exposition of law in regard to the scope of Article 23 (1) of the
Constitution in the People's Union case (AIR 1982 SC 1473) that has persuaded us to take the view here that the
prisoners are entitled to payment of fair or living wages. The complaint in that case was that the contractors were
paying the workmen engaged in the construction work for Asiad 1982 much less than the minimum wage, that
there was an obligation on the contractors to pay such minimum wage and though apparently the workmen had
offered their services voluntarily for inadequate remuneration that was because of economic compulsions and that
such labour too will fall within the scope of the term 'forced labour' in Article 23 (1) of the Constitution. We will
now refer to the discussion on the question in the People's Union case. In paragraph 15 of the judgment Justice
Bhagwati, speaking for the Bench, observed:
"15. Now the next question that arises for consideration is whether there is any breach of Article 23 when a person
provides labour or service to the State Or to any other person and is paid less than the minimum wage for it. It is
obvious that ordinarily no one would willingly supply labour or service to another for less than the minimum
wage, when he knows that under the law he is entitled to get minimum wage for the labour or service provided by
him. It may therefore be legitimately presumed that when a person provides labour or service to another against
receipt of remuneration which is less than the minimum wage, he is acting under the force of some compulsion
which drives him to work though he is paid less than what he is entitled under law to receive.
What Article 23 prohibits is 'forced labour' that is labour or service which a person is forced to provide and 'force'
which would make such labour or service 'forced labour' may arise in several ways. It may be physical force which
may compel a person to provide labour or service to another or it may be force exerted through a legal provision
such as a provision for imprisonment or fine in case the employee fails to provide labour or service or it may even
be compulsion arising from hunger and poverty, want and destitution. Any factor which deprives a person of a
choice of alternatives and compels him to adopt one particular course of' action may properly be regarded as
'force' and if labour or service is compelled as a result of such 'force', it would be 'forced labour'.
Where a person is suffering from hunger or starvation, when he hat: no resources at all to fight disease or to feed
his wife and children or even to hide their nakedness, where utter grinding poverty has broken his back and
reduced him to a state of helplessness and despair and where no other employment is available to alleviate the
rigour of his poverty, he would have, no, choice but to accept any work that comes his way, even if I he
remuneration offer to him is less than the minimum wage. He would be in no position to bargain with the
employer; he would have to accept what is offered to him. And in doing so he would be acting not as a free agent
with a choice between alternatives but under the compulsion of economic circumstances and the labour or service

14. 14
provided by him would be clearly 'forced labour'. There is no reason why the worn 'forced' should be read in a
narrow and restricted manner so as to be confined only to physical or legal 'force' particularly when the national
charter. its fundamental document has promised to build a new socialist republic where there will be socio-
economic justice for all and everyone shall have the right to work, to education and to adequate means of
livelihood.
The Constitution makers have given us one of the most remarkable documents in history for ushering in a new
socio-economic order and the Constitution which they have forged for us has a social purpose and an economic
mission and therefore every word or phrase in the Constitution must be interpreted in a manner which would
advance the socio-economic objective of the Constitution. It is not unoften that in a capitalist society economic
circumstances exert, much greater pressure on an individual in driving him to a particular course of action than
physical compulsion or force of legislative provision.
The word 'force' must therefore be construed to include not only physical or legal force but also force arising from
the compulsion of economic circumstances which leaves no choice of alternatives to a person in want and compels
him to provide labour or service even though the remuneration received for it is less than the minimum wages. Of
course, if a person provides labour or service to another against receipt of the minimum wage it would not be
possible to say that the labour or service provided by him is 'forced labour' because he gets what he is entitled
under law to receive. No inference can reasonably be drawn in such a case that he is forced to provide labour or
service for the simple reason that he would be providing labour or service against receipt of what is lawfully
payable to him just like any other person who is no1 under the force of any compulsion.
We are therefore of the view that where a person provides labour or service 1o another for remuneration which is
less than the minimum wage, the labour or service provided by him clearly falls within the scope and ambit of the
wards "forced labour" under Article 23. Such a person would be entitled to come to the Court for enforcement of
his fundamental right under Article 23 by asking the Court to direct payment of the minimum wage to him so that
the labour or service provided by him ceases to be 'forced labour' and the breech of Article 23 is remedied. It is
therefore clear that when the petitioners alleged that minimum wage was not paid to the workmen employed by the
contractors, the complaint was really in effect and substance a complaint against violation of the fundamental right
of the workmen under Article 23."
28. The Supreme Court reiterated what it said in the People's Union Case (AIR 1982 SC 1473) in the case of
Sanjit Roy v. State of Rajasthan (Writ Petition No. 6816 of 1981) : (Reported in AIR 1983 SC 328). There also a
similar question arose. In a drought hit area the State Government undertook relief work evidently with the object
of providing those affected with some form of work, but the wages Paid were unremunerative much less than the
minimum wages. The view taken in the People's Union case was reiterated in that case. The Court said (at p. 333):
--
"I must, therefore, hold consistently with this decision that where a person provides labour or service to another for
remuneration which is less than the minimum wage, thp labour or service provided by him clearly falls within the
meaning of the words 'forced labour' and attracts the condemnation of Article 23. Every person who provides
labour or service to another is entitled at the least to the minimum wage and if anything less than the minimum
wage is paid to him, he can complain of violation of his fundamental right under Article 23 and ask the court to
direct payment of the minimum wage to him so that the breach of Article 23 may be abated."

15. 15
29. We have therefore to decide the case before us on the basis of the approach made by the Supreme Court in the
cases adverted to. In the case of those sentenced to simple imprisonment the stand taken by the Government is that
the work taken from them is on the basis of their consent. If so necessarily they hav to be paid fair or living wages.
We have been in this judgment using the terms 'fair wages', 'living wages' and 'reasonable wages' not intending
thereby a different, content for each of these terms or giving them any technical meaning. By the employment of
these terms we only mean wages that would be reasonable. What would be paid to an employee, who is free to
negotiate and has the support of the welfare and labour legislations, should determine the standard of reasonable
wages. There is no justification for the State to claim that it is free to take prison labour without payment, that
whatever it pays is ex gratia and is not as of right and therefore there can be no claim for Proper wages. A prisoner
who undergoes the sentence in jail must necessarily have his movement restricted. That is involved in the very
concept of imprisonment. His communication with the rest of the world would also be necessarily restricted. His
right to practice his profession, however fundamental it may be will not be available to him while in the jail. But
there are other valuable rights any curtailment of which will have no relevance to the nature of the punishment.
The right not to be exploited in contravention of Article 23 (1) is a right guaranteed to a citizen and there is no
reason why a prisoner should lose his right to receive wages for his labour. In other words there is no reason why a
prisoner should be compelled to do forced labour, forced in the sense that such labour is unremunerative or not
paid for. We have taken pains to explain by way of preface to the discussion on the material issue in the case that it
would be quite consistent, with a civilised approach that wages are paid to a prisoner for the work taken from him.
We have enumerated the advantages of such payment. If on a proper understanding of Article 23 (1) of the
Constitution there is no justification to read that Article as excluding the case of a prisoner who is asked to do
work on payment of illusory wages we see no compelling reason to do so. The consequence is that to deny a
prisoner reasonable wages in return for his work will be to violate the mandate in Article 23 (1) of the
Constitution. Consequently the State could be directed not to deny such reasonable wages to the prisoners from
whom the State takes work in its prisons.
30. That necessarily takes us to the final question, namely what should be the reasonable wages to be paid to the
prisoners. Of course there could be no two opinion that the wages now paid cannot, be taken seriously at all. It
cannot be said to be even inadequate wages, for. 50 paise minimum and Rs. 1.60 maximum per day cannot at all be
said to possess the character of remuneration for the work taken from the prisoners. The minimum wage laws of
this country prescribe what minimum wage has to be paid in each industry. These minimum wages, it must be
understood, are fixed at a much lower level than living wages. Irrespective of the capacity of the industry to pay. It
has obligation to pay minimum wages and if it cannot pay even such minimum wage it does not deserve to exist.
Reasonable wages would therefore always exceed minimum wages. Having said so we think we should leave it to
the Government what reasonable wages should be paid to the inmates of the prisons.
A unanimous wage structure would of course be desirable lest there be charge of discrimination, in assigning
work. It is for the Government to consider all aspects of the question so that a just and reasonable wage structure is
designed for the inmates of the prisons. We can appreciate that time must necessarily be taken by the Government
in deciding upon such a wage structure. Until then it cannot be that, thepresent situation is to continue. There must
be an ad hoc measure, a measure which takes into account the current wages in, several industries, the minimum
wages fixed, the increase in cost of living in the recent days and such other matters of relevance. After considering
all these matters and going through the minimum wages notifications in regard to various industries we think that
as an ad hoc measure we may safely fix Rs. 8 per day as reasonable wages subject of course to alteration later,
when as a result of further study, research and assessment the Government is able to decide upon appropriate
wages to be paid to the prisoners.

16. 16
31. Before leaving the case we think it is necessary to advert to two matters. We have taken note of the financial
impact our decision may have on the State exchequer, not that this should dissuade us in any way from coming to a
correct decision. We have been told by the statement submitted by the Advocate General that the number of
employed prisoners in the prisons, in the State is 856 and even if all of them is Raid reasonable wages at this rate
of ad hoc wages now fixed, it cannot be said that there would be such a strain on the exchequer as would affect
seriously the functioning of the Government. The annual payment to the prisoners as wages taking the number of
working days as 300 would be only in the region of Rs. 20,00,000. The other aspect which we wish to notice here
is the absence of rehabilitative programmes in the State. Prisoners who have been put to work in the jails will
benefit by such work only if on being released they are able to rehabilitate themselves in such work. That no doubt
requires a large and comprehensive scheme, but the good results that will accrue to the State by turning the
prisoners into responsibleself-respecting citizens would necessarily justify the time spent on and attention given to
devising and implementing a proper rehabilitation programme. We had called the attention of the Government to
this aspect of the matter in the report sent by the High Court in 1980 and we are afraid it has not been seriously
taken note of yet.
We therefore direct that forthwith the Government make arrangements to pay
to the inmates of the prisons, who are put to work, wages at Rs. 8 per day,
part of which they may utilise for themselves, part of which they could
arrange to remit to their dependents and part accumulated to be paid to them
at the time of release. Rule 384 of the Kerala Prison Rules may need
immediate attention in the light of this judgment and we hope the Government
will look into
it forthwith.
M/S.Chimmco Birla Ltd vs M/S.Chimmco Birla Ltd on 19 February, 2019
M/S Dozco India P.Ltd vs M/S Doosan Infracore Co.Ltd on 8 October, 2010
[Article 23] [Constitution]
Right against Exploitation (Articles 23 & 24) - Indian Polity
The Right against Exploitation is enshrined in Articles 23 and 24 of the Indian Constitution. These are
important Fundamental Rights that guarantee every citizen protection from any kind of forced labour.
Right against Exploitation

17. 17
There are two articles of the Constitution which guarantee the right against exploitation. They are
described below:
Article 23 – Prohibition of traffic in human beings and forced labour
Article 23(1): Traffic in human beings and the beggar and other similar forms of forced labour are
prohibited and any contravention of this provision shall be an offence punishable in accordance with the
law.
Article 23(2):Nothing in this article shall prevent the State from imposing compulsory service for public
purposes,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.
 Exploitation implies the misuse of others’ services by force and/or labour without payment.
 There were many marginalized communities in India who were forced to engage in manual and
agricultural labour without any payment.
 Labour without payment is known as begar.
 Article 23 forbids any form of exploitation.
 Also, one cannot be forced to engage in labour against his/her will even if remun eration is
given.
 Forced labour is forbidden by the Constitution. 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.
 The Constitution makes coercion of any kind unconstitutional. Thus, forcing landless persons
into labour and forcing helpless women into prostitution is unconstitutional.
 The Article also makes trafficking unconstitutional.
 Trafficking involves the buying and selling ofmen and women for illegal and immoral activities.
 Even though the Constitution does not explicitly ban ‘slavery’, Article 23 has a wide scope
because of the inclusion of the terms ‘forced labour’ and ‘traffic’.
 Article 23 protects citizens not only against the State but also from private citizens.
 The State is obliged to protect citizens from these evils by taking punitive action against
perpetrators of these acts (which are considered crimes), and also take positive actions to
abolish these evils from society.
 Under Article 35 of the Constitution, the Parliament is authorized to enact laws to punish acts
prohibited by Article 23.
 Clause 2 implies that compulsory services for public purposes (such as cons cription to the
armed forces) are not unconstitutional.
 Laws passed by the Parliament in pursuance of Article 23:
 Suppression of Immoral Traffic in Women and Girls Act, 1956

18. 18
 Bonded Labour System (Abolition) Act, 1976
Article 24 – Prohibition of employment of children in factories, etc.
Article 24 says that “No child below the age of fourteen years shall be employed to work in any factory
or mine or engaged in any other hazardous employment.”
 This Article forbids the employment of children below the age of 14 in any hazardous industry
or factories or mines, without exception.
 However, the employment of children in non-hazardous work is allowed.
LAWS PASSED IN PURSUANCE OF ARTICLE 24 IN INDIA.
The Factories Act, 1948
This was the first act passed after independence to set a minimum age limit for the employment of
children in factories. The Act seta minimum age of 14 years. In 1954, this Act was amended to provide
that children below the age of 17 could not be employed at night.
The Mines Act of 1952
This Act prohibits the employment of people under the age of 18 years in mines.
The Child Labour (Prohibition and Regulation) Act, 1986
This was a landmark law enacted to curb the menace of child labour prevalent in India. It described
where and how children could be employed and where and how this was forbidden.This Act designates
a child as a person who has not completed his/her 14th year of age. The 1986 Act prohibits the
employment of children in 13 occupations and 57 processes.
Child Labour (Prohibition & Regulation) Amendment Act, 2016
This Act completely forbids the employment of children below 14 years of age. It also bans the
employment of people between the ages of 14 and 18 in hazardous occupations and processes.
Punishments to violators ofthis law were made stricter by this amendment act. This Act allows children
to be employed in certain family occupations and also as artists.
Child Labour (Prohibition and Regulation) Amendment Rules, 2017
The government notified the above Rules in 2017 to provide a broad and specific framework for
prevention, prohibition,rescue,and rehabilitation ofchild and adolescentworkers.The Rules clarified on
issues concerning the employmentoffamilyenterprises and also provides safeguards for artists in that
the working hours and conditions are specified.
1. Article 23 of the Indian Constitution explicitly prohibits and criminalises human trafficking and forced
labour.
2. Notes

19. 19
3. While the Constitution of India does not define forced labour, the Supreme Court of India has read this
provision expansively, and provided specific guidance on the definition. In the case of People’s Union
for Democratic Rights vs. Union of India and Others, 1982, the Supreme Court of India determined that
forced labour should be defined as any labour for which the worker receives less than the government-
stipulated minimum wage: “ordinarily no one would willingly supply labour or service to another for
less than the minimum wage… [unless] he is acting under the force of some compulsion which drives
him to work though he is paid less than what he is entitled under law to receive.”
4. The offences mentioned in Article 23(1) above have been laid out in subsequent enactments – including
the Bonded Labour Abolition Act of 1976 and the Child Labour (Prohibition and Regulation) Act 1986.
5.  Link to full text
6. Text
7. Article 23. Prohibition of 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.
8. (2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes,
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.
Introduction
India is the largest democracy in the world today. This track of progress and development
has a great struggle concealed behind it. India has been a victim of slavery since centuries
altogether. It took several centuries to get India free from slavery and finally after the
enactment of the Indian Penal Code, 1860, slavery was completely abolished in India. The
framers of the Indian Constitution through Article 23 and 24 expunged such practices. The
Constitution of India guarantees liberty and dignity to every individual, hence, leaving no
scope for exploitation, slavery and ill-treatment.
Exploitation means the misuse of services rendered by others with the help of force. The
practice of exploitation violates the basic concept of the Indian Constitution, the Preamble
and opposes the Directive Principle of State Policy given under Article 39 of the Indian
Constitution which stimulates economic equality among the individuals.
Article 23- Prohibition of ‘Traffic in Human Beings’ and Forced Labour
Article 23 of the Indian Constitution expressly prohibits human trafficking, forced labour
and other similar activities. It also states that any violation of this provision will be
considered as an offence and the person acting in contravention of the law will be
penalized in accordance with the law.

20. 20
Features of Article 23
It has certain features which every individual should be aware of –
Right against exploitation is prescribed as a fundamental right of the individuals
under Article 23 of the Indian Constitution.
It protects both the citizens and the non-citizens against exploitation.
It protects individuals against the State as well as private citizens.
Article 35 authorises Parliament to make laws for punishing the acts which are
prohibited under Article 23.
This article imposes a positive obligation on the State to abolish immoral practices of
exploitation like human trafficking and other forms of forced labour.
Practices prohibited by Article 23
Article 23 explicitly prohibits the following discussed practices:
Begar: This is a form of forced labour which means involuntary work without any
remuneration. In other words, it can be said that a person is compelled to work
against his will without being paid for it.
Bonded Labour/ Debt Bondage: Article 23 prohibits bonded labour as it is a form of
forced labour as per this article. This is a practice under which a person is
forced to work to pay off his debt. The money they get is very little and the
work they do gets doubled. Often these debts get passed over to the next
generations. Hence, it is known as a form of forced labour.
Human trafficking: It means selling and buying of a human being like goods and
includes immoral trafficking of women and children. Although, slavery is not
expressly mentioned under Article 23 but it is included within the meaning of
‘traffic in human beings’. In pursuance of Article 23, Parliament has passed
the Suppression of Immoral Traffic in Women and Girls Act, 1956, for punishing
human trafficking.
Other forms of forced labour: Any other practice which comes under Article 23 is
also prohibited by this Article.
An Exception to Article 23
Under clause (2) of Article 23, the State is allowed to impose compulsory services for
public purposes like national defence, removal of illiteracy and other public utility services
(electricity, water, air and rail services, postal services, etc.) provided that in making any

21. 21
such service compulsory for public purposes, the State, however, cannot make
discrimination on the basis of religion, race, caste or class or any of them.
Landmark Judgments
Some of the important cases pertaining to Article 23 are briefly discussed as follows –
In the case of People’s Union for Democratic Rights v. Union of India[1], the
Supreme Court interpreted the ambit of Article 23. Bhagwati J. held as follows-
“The scope of Article 23 is vast and unlimited. It is not merely ‘begar’ which is prohibited
under this Article. This Article strikes at forced labour in whichever form it may exist as it
violates human dignity and opposes the basic human values. Hence, every form of forced
labour is prohibited by Article 23 without considering whether forced labour is being paid
or not. Also, 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.
It was directed by the court to Government to take necessary steps punishing the violation
of the fundamental rights of the citizens guaranteed under Article 23 by private
individuals.”
In Sanjit Roy v. State of Rajasthan[2], the State employed people for certain work
under the Famine Relief Act. The people were badly hit by famine, thus the
State employed them. However, these people were paid even below the
minimum wages on the ground that the money is given to help them in meeting
the famine situation. Bhagwati J. held that-
“The payment of wages lower than the minimum wage to a person employed in Famine
Relief Work is violative under Article 23. The State is not allowed to take undue advantage
of the helplessness of such people with an excuse of helping them to meet the situation of
famine or drought.”
In Deena v. Union of India[3], it was held by Chandarchud C. J. that-
“The labours taken from the prisoners without paying remuneration was ‘forced labour’ and
violative of Article 23 of the Constitution. The prisoners are entitled to payment of
reasonable wages for the work taken from them and the Court is under a duty to enforce
their claim.”
Article 24- Prohibition of Employment of children in factories, etc.

22. 22
Article 24 of the Indian Constitution prohibits the employment of children below the age of
14 years in factories, mines or any other hazardous employment. This Article is for the
welfare of the children and ensures a safe and healthy life of children. Article 39 of the
Indian Constitution imposes an obligation on the State to ensure the health and strength
of the workers, men and women and children are not abused and forced by economic
necessity to get engaged in hazardous activities which do not suit their age or strength.
Children are the future of a nation. It is the duty of every nation to make sure that the
future is bright by providing good food, education and health to the children of the country
so that they can become strong enough to do something good in their life which will
ultimately contribute to the progress and development of the nation. That is why Article 24
is read with Art. 39(e) and Art. 39(f).
However, this Article does not prohibit the employment of children in innocent and
harmless jobs or work like working in agricultural fields, grocery shop, etc.
Features of Article 24
This Article prohibits the employment of children below 14 years of age in
hazardous work.
This Article is read with Article 39(e) and (f).
It ensures safety and healthy life of children.
It imposes a duty on the State to ensure that children are not abused and forced
to work in harmful places because of financial problems through Article 39.
It doesn’t prohibit the employment of children in harmless work.
Landmark Judgments
Following are some of the case laws with respect to Article 24 –
In People’s Union for Democratic Rights v. Union of India[4], some people
including few children below the age of 14 were employed in the construction
work of the Asiad Project in Delhi. It was contended that the Employment of
Children Act, 1938 was not applicable in the case of children employed in
construction work since construction industries were not specified in the
schedule of the Children Act. Bhagwati J. held that-
“The contention given by the Government is not at all acceptable. The construction work is
hazardous employment and therefore, the children below 14 years must not be employed
in the construction work even if the construction work is not specifically mentioned under
the schedule of the Employment of Children Act, 1938. The State Government is advised

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to take immediate necessary steps in order to include the construction work in the
schedule of the Act and to ensure that Article 24 is not violated on any part of the
country.”
In the case of M. C. Mehta v. State of Tamil Nadu[5], a public lawyer M. C. Mehta
filed a PIL under Article 32 and informed the court about how the children are
engaged in Sivakasi Cracker Factories. Although the Constitution prohibits
exploitation and employment of children under Article 24, it also directs the
State to provide free and compulsory education to them under Article 41 and
still there exists a large number of children working in hazardous places.
Despite the Constitutional provisions and various enactments passed by many
State Governments prohibiting child labour, the issue of child labour has
remained unsolved and is becoming a menace to society day by day. It wa s
held by Hansaria J. that-
“The children below 14 years cannot be employed in hazardous activities and state must
lay down certain guidelines in order to prevent social, economic and humanitarian rights of
such children working illegally in public and private sector. Also, it is violative of Article 24
and it is the duty of the state to ensure free and compulsory education to them. It was
further directed to establish Child Labour Rehabilitation Welfare Fund and to pay
compensation of Rs. 20,000 to each child.”
LEGISLATIONS FOR PROTECTION OF CHILD RIGHTS - To accomplish the obligations carried
by Article 24 & in certain international instruments like the UN Convention on the Rights of
the Child, the Parliament of India enacted some acts for the welfare & prosperity of
children.
The Employment of Children Act, 1938: This Act prohibits the employment of
children below the age of 14 in the railways and other means of transport.
The Child Labour (Prohibition and Regulation) Act, 1986: This Act prohibits
the engagement of children in certain employments and regulates the condition
of employment of children where they are not prohibited to work.
The Mines Act, 1952: This Act explicitly mentions that a person working in the
mine should not be less than 18 years. Thus, prohibiting employment of
children in mines.
The Factories Act, 1948: It prohibits the employment of children below 14 years
in factories. This Act prescribes certain restrictions and proper procedure for
employing children above the age of 14 years.
The Plantation Labour Act, 1951: This Act fixes the minimum age of
employment as 12 years and further lays down provision for periodical fitness
checkup for children above 12 years who are employed.

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The Motor Transport Workers Act, 1961: This Act prohibits the employment of
children under the age of 15 years in the motor transport sector.
The Apprentices Act, 1961: This Act prohibits the children below 14 years to
undergo apprenticeship training.
The Beedi and Cigar Workers (Condition of Employment) Act, 1966: It
prohibits the employment of children below 14 years of age in any industrial
premises manufacturing bidis and cigars.
In addition to these legislations, there are many Committees And Commissions
established across the country to look into the matter of child labour. Moreover, many
NGOs are also working for the welfare of the children. Numerous rehabilitation centres
have been instituted which are giving a new shape to the life of children who have been
terribly exploited because of child labour. India being a member of the United Nations, has
ratified many international conventions like International Labour Organization
Conventions in order to safeguard the rights of the child.
ESTABLISHMENT OF NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS- 2007.
The National Commission for the Protection of Child Rights (NCPCR) is an Indian
Government Commission established in 2007 under the Commission for Protection of
Child Rights Act, 2005. The objective of this statutory body is to ensure all the laws,
policies, programmes and administrative mechanisms are in accordance with the
provisions of child rights enshrined under the Indian Constitution and the UN Convention
on the Rights of the Child. This commission is installed at both the Centre and the State
levels. It also works for speedy trials of the Children’s Court in case of offences against
them or any violation of the child’s right.
Conclusion Since the genesis of civilization, the stronger has dominated and exploited the
weaker. In such a scenario, it is the need of the hour to protect the weaker from such
exploitation and provide them with equal opportunities in every field to empower
themselves. Moreover, child labour is a crime which is prevailing in the society as a
malediction. It is an obstacle hindering the development and growth of the country.
Healthy children lead to the bright future of a country. Child labour is blemishing,
vandalizing and devastating the future of the children and eventually proves to be a curb
in the progress of the country. Hence, proper implementation of the laws is an absolute
necessity. References
1. AIR 1982 SC 1943
2. AIR 1983 SC 328
3. AIR 1983 SC 1155
4. AIR 1983 SC 1473
5. AIR 1997 SC 669

25. 25
6. The Constitution of India by P. M. Bakshi
7. https://shodhganga.inflibnet.ac.in/bitstream/10603/648/9/09_chapter4.pdf
8. https://www.childlineindia.org.in/National-Commission-for-the-Protection-of-
Child-Rights.htm
 TAGS
 Article 24
 child labour
 constitution of india
 exploitation
 Forced Labour
 Fundamental Rights
 Human trafficking
 India
 Judgments
SHARE
THE ROLE OF NGOS “ CRY “ :
• By spreading awareness aboutthe issue among Children, Guardians, Schools, Community and the
Panchayati Raj Institutions on one hand and on the other hand by strengthening the system for ensuring
a safety net for vulnerable children
• Undertaking researches to identify the gap areas in order to advocate with the Government
• Engaging with the District Child Protection Officer and the Juvenile Justice System for effective
treatment of the cases of trafficking
• By facilitating the process of establishing inter-linkages between CRY partners in all states
working/facing the same issue/situation utilizing their expertise, Information Education Communication
materials, network and contacts to address the issue of Trafficking
• By providing need based support in the area of rescue, in alliance with the Police, C.I.D, Child Line,
Directorate of Social Welfare and the Juvenile Justice System.
• By emphasizing on strategies that would concertedly take up the issue of booking of perpetrators
and look at the rescued child as ‘victim’, as opposed to the Child in Conflict with the law
• By helping our partner NGOs to design linkages through which it is ensured that the child is
rehabilitated and is able to become economically independent, with support from the various
Government & Non-Governmental schemes
Amendment to the IPC to challenge child trafficking

26. 26
Role Of Panchayat Members In Preventing Trafficking Of Children Panchayat members can help
prevent trafficking in manyways. They can generate awareness amongst parents about child trafficking
and the risks and dangers involved; they should keep a record of families in the village migrating to
cities;if a child goes missing, then panchayat members should immediately inform the nearest police
station and seek legal assistance.
A) THE IMMORAL TRAFFICPREVENTION ACT IN 1956 was brought intoforce International Journal ofPure
and AppliedMathematics Special Issue 1399 to prevent exploitationof womenand children from the
offence of child trafficking 10(A Bajpai 2017).
B) Government of India has enacted laws in the United Nations Convention Centre to punish the
offenders whoperform suchharmful activitiesagainst women especially children. There are many
reasons for suchhappeningof childtrafficking & means through whichchildren are exploited & lead
them to exploitation.
THE AIM OF STUDY IS TO ANALYZE THE TYPES OF CHILD TRAFFICKING. Objectives
1. To analyze in detail the types of child trafficking in which the children are exploited.
2. To analyze the laws which protecting the childin other countries. HypothesisNULL:There is noproper laws for
preventing child trafficking in India
The author describes that the mainpurpose of targeting childrenis employing them in forced labour and for
commercial sex.(QJiang, Jesus J Sanchez 2013).The author describes the process throughwhich the children’s are
prey to such crimes that involves planning as initial(S Baker 2012).
The types of forcedlabor andtheir exploitation and reason reasons( Jason H 2009).Child soldering which is the
most rarest andthe worst practiceswhere triggering the childrento involve intoviolence which is most rarest
form of exploitation found in the world ( Ilse Deryln, Mediac Eric Brokerat 2004).