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1 - 10 of 12 (0.21 seconds)Article 4 in Constitution of India [Constitution]
Article 24 in Constitution of India [Constitution]
Article 17 in Constitution of India [Constitution]
Section 131 in Karnataka Education Act, 1983 [Entire Act]
People'S Union For Democratic Rights ... vs Union Of India & Others on 18 September, 1982
(Emphasis supplied)
Article 23 of the Constitution of India has borne
consideration in plethora of judgments. I deem it
appropriate to notice the celebrated judgment rendered
by the Apex Court in the case of PEOPLE'S UNION FOR
DEMOCRATIC RIGHTS v. UNION OF INDIA reported in
(1982) 3 SCC 235, wherein, the Apex Court interprets
what is 'begar' and how the State must outlaw such
practise. The Apex Court holds as follows:
S. Vasudevan And Ors. vs S.D. Mital And Ors. on 18 January, 1961
accepted by a Division Bench of the Bombay High
Court in S. Vasudevan v. S.D. Mital [AIR 1962 Bom
53 : 63 Bom LR 774 : (1961-62) 21 FJR 441] .
Article 226 in Constitution of India [Constitution]
Mrs. Maneka Gandhi vs Union Of India (Uoi) And Anr. on 25 January, 1978
NC: 2025:KHC-D:17214
WP No. 109223 of 2025
HC-KAR
word "similar" and contended that it is not every form of
forced labour which is prohibited by Article 23 but only
such form of forced labour as is similar to "begar" and
since "begar" means labour or service which a person is
forced to give without receiving any remuneration for it,
the interdict of Article 23 is limited only to those forms of
forced labour where labour or service is exacted from a
person without paying any remuneration at all and if
some remuneration is paid, though it be inadequate, it
would not fall within the words "other similar forms of
forced labour". This contention seeks to unduly restrict
the amplitude of the prohibition against forced labour
enacted in Article 23 and is in our opinion not well
founded. It does not accord with the principle enunciated
by this Court in Maneka Gandhi v. Union of India [(1978)
1 SCC 248 : AIR 1978 SC 597 : (1978) 2 SCR 621] that
when interpreting the provisions of the Constitution
conferring fundamental rights, the attempt of the court
should be to expand the reach and ambit of the
fundamental rights rather than to attenuate their
meaning and content. It is difficult to imagine that
the Constitution-makers should have intended to
strike only at certain forms of forced labour leaving
it open to the socially or economically powerful
sections of the community to exploit the poor and
weaker sections by resorting to other forms of
forced labour. Could there be any logic or reason in
enacting that if a person is forced to give labour or
service to another without receiving any
remuneration at all, it should be regarded as a
pernicious practice sufficient to attract the
condemnation of Article 23, but if some
remuneration is paid for it, then it should be
outside the inhibition of that article? If this were
the true interpretation, Article 23 would be
reduced to a mere rope of sand, for it would then
be the easiest thing in an exploitative society for a
person belonging to a socially or economically
dominant class to exact labour or service from a
person belonging to the deprived and vulnerable
section of the community by paying a negligible
amount of remuneration and thus escape the
rigour of Article 23. We do not think it would be
right to place on the language of Article 23 an