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“Article 23 of the Indian Constitution – Tool of Protection Against Exploitation”

Satisfactory Essays

“Article 23 of the Indian Constitution – Tool of Protection against Exploitation”

TABLE OF CASES * Gaurav Jain v. Union of India, AIR 1997 SC 3021 * In the matter of: Prison Reforms Enhancement of Wages of Prisoners, AIR 1983 Ker.261 * Labourers Working on Salal Hydro Project v. State of Jammu & Kashmir,AIR 1984 SC 177 * Nihal Singh v. Ram Bai, AIR 1987 MP 126 * People’s Union of Democratic Rights v. Union of India, AIR 1982 SC 1473 * Raj Bahadur v. Legal Remembrancer, Govt. of West Bengal, AIR 1953 Cal 522 * Ram Kumar v. State of Bihar, AIR 1984 SC 537 * Rohit Vasavada v. Ge. Man., IFFCO, AIR 1984 Guj 102 * R.K Tangkhul v. R.S. Khullakpa, AIR 1961 Man 1 * Sanjit Roy v. State of …show more content…

* Pandey, J.N., ‘The Constitutional Law of India’, 47th Edition.
This book contains numerous case laws which are relevant and thus it helps in better understanding of the topic with ease. Also, the case laws are very briefly stated so as to give an idea and gist of the case in a significant manner.

CHAPTER II
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Right against Exploitation

Article 23, being a fundamental Right, have assumed great significance and have become potent instruments in the hands of the Courts to ameliorate the pitiable condition of the poor in the country.
According to Article 23 (1), traffic in human beings, beggar, and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
Article 23 (1) proscribes three unsocial practices, viz. 1) beggar; 2) traffic in human beings; 3) forced labour.
A significant feature of Article 23 (1) is that it protects the individual not only against the State but also against the private citizens.
2.1 ABOLISHMENT OF BEGGAR
The term beggar means compulsory work without payment. Beggar is labour or service which a person is forced is forced to give without receiving any remuneration for it.
The practice was widely prevalent in the erstwhile princely States in India before the advent of the

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