Search Results Page
Search Results
1 - 10 of 13 (3.76 seconds)Article 4 in Constitution of India [Constitution]
Article 24 in Constitution of India [Constitution]
Article 17 in Constitution of India [Constitution]
Mrs. Maneka Gandhi vs Union Of India (Uoi) And Anr. on 25 January, 1978
NC: 2026:KHC:15168
WP No. 3511 of 2026
HC-KAR
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
interpretation which would emasculate its
beneficent provisions and defeat the very
purpose of enacting them. We are clearly of the
view that Article 23 is intended to abolish every
form of forced labour. The words "other similar
forms of forced labour" are used in Article 23
not with a view to importing the particular
characteristic of "begar" that labour or service
should be exacted without payment of any
remuneration but with a view to bringing within
the scope and ambit of that article all other
forms of forced labour and since "begar" is one
form of forced labour, the Constitution-makers
used the words "other similar forms of forced
labour". If the requirement that labour or work
should be exacted without any remuneration
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
NC: 2026:KHC:15168
WP No. 3511 of 2026
HC-KAR
High Court in S. Vasudevan v. S.D. Mital [AIR
1962 Bom 53 : 63 Bom LR 774 : (1961-62) 21 FJR
441] . "Begar" is thus clearly a form of forced
labour. Now it is not merely "begar" which is
unconstitutionally (sic) prohibited by Article 23
but also all other similar forms of forced labour.
This Article strikes at forced labour in whatever
form it may manifest itself, because it is
violative of human dignity and is contrary to
basic human values. The practice of forced
labour is condemned in almost every
international instrument dealing with human
rights. It is interesting to find that as far back as
1930 long before the Universal Declaration of
Human Rights came into being, International Labour
Organisation adopted Convention No. 29 laying
down that every member of the International Labour
Organisation which ratifies this convention shall
"suppress the use of forced or compulsory labour in
all its forms" and this prohibition was elaborated in
Convention No. 105 adopted by the International
Labour Organisation in 1957. The words "forced or
compulsory labour" in Convention No. 29 had of
course a limited meaning but that was so on
account of the restricted definition of these words
given in Article 2 of the Convention. Article 4 of the
European Convention of Human Rights and Article
8 of the International Covenant on Civil and Political
Rights also prohibit forced or compulsory labour.
Article 23 is in the same strain and it enacts a
prohibition against forced labour in whatever form it
may be found. The learned counsel appearing on
behalf of the respondents laid some emphasis on
the 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