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Kleemans vs State Of Kerala on 3 September, 2024 cites

Deena Alias Deen Dayal And Ors. vs Union Of India (Uoi) And Ors. on 23 September, 1983

Changes brought about under S.26 of the new Act by additions, qualifying or restricting the applicability of exploitation to 'hazardous' employment with the addition 'keeping in bondage', which was not there in S.44 of the Juvenile Justice Act, 1986, definitely have some significance. The aforesaid expressions newly added in the section, no doubt, are the extension of the reflection and in fact imbibing of the spirit of the principles enunciated under Art.23 and Art.24 of the Constitution of India. Art.23 prohibits traffic in human beings and forced labour. Every form of forced labour, beggar or otherwise, is within the inhibition of Art.23 of the Constitution of India, with the sole exception in the case of State imposing compulsory service for public purposes. Otherwise in the case of the State exacting compulsory labour for public purposes from the citizen of the performance of his supreme and noble duty of contributing to the defence of the rights and Crl.M.C. No.7506 of 2017 9 2024:KER:66826 honour of the nation, all other forms of forced labour comes within the sweep of inhibition under the above Article. It makes no difference, whether the person who is forced to give such labour or services is remunerated or not. The Apex Court in Peoples Union for Democratic Rights v. Union of India, 1982 KHC 495 : AIR 1982 SC 1473 : 1982 (3) SCC 235 : 1982 SCC (L&S) 275 : 1982 (2) LLJ 454 : 1982 Lab IC 1646has considered the scope and ambit of Art.23 in detail, and it again came up for consideration in Deena alias Deen Dayal and Others v. Union of India, 1983 KHC 544 : AIR 1983 SC 1155 : 1983 (4) SCC 645 : 1983 SCC (Cri) 879 : 1983 CriLJ 1602. Whereas Art.23 prohibits all forms of forced labour, Art.24 speaks of prohibition of employment of children in factories, mines or in any hazardous occupation. Similarly, provisions under Art.39(e) and
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