“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
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* 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
In the 1950’s prison authorities, unions, and private companies reached an agreement regarding prison labor. Prisoners were to work as a form of rehabilitation, but the goods created by the prisoners would be used inside of prisons, or be sold to government
This is a 2000 word RBI on Article 92 (Failure to obey order or regulation) and Article 86 (Absence without leave)
Corruption is a main cause of the harassment and exploitation of the prisoners. This is exemplified by the Inside-out Program, initiated by Samuel Norton. It is described as being slave-labour, which has never been described as fair. Without the corruption in the
In order to maximize their profits these private prisons see a large deficiency in their quality of care. This deficiency is described by Charles H. Logan as “corner cutting” (Logan, pg.119) and in the sake of profit these cuts “mean poor food and less of it, fewer services, and cheaper labor with lower professionalism and less training.” (pg.119) With profit as these private contractors’ main concern it raises question on the everyday treatment of the inmates of these facilities and what freedoms may be compromised for the sake of increased income. However, it’s not just the prisoners who could be neglected by this design in
Prison administration and staff place themselves at risk daily for a paycheck; therefore wages must be in a prison budget. Operating costs for electric and water
All the FASB, SEC and EITF provide related information to the case. Despite we must consider the main data. Two contracts, one for
The death act/incident of Mr. Michael Burch was due to floodway which lies at bisect point of black springs road is a foreseen activity, responsibility of Shire of YR & also the contractor Quality Roads PVT LTD. Since the first mean responsibility of shire is to take upon burden of building, rehabilitation, and maintenance works. The works of pavements,
Prison reform was a viable aspect of the Reform Movements in the 1800s. Reformers wanted to evidently punish prisoners but they also wanted to make sure they maintained a sense of humanity. They did this by reconstructing prison systems, seeking ways to treat the mentally ill and more. Document A highlights the importance of good treatment to prisoners in order for them to be rescued and eventually work to become viable members of society. This document
Analyze Luxford & Anor v Sidhu & 3 others [2007] NSWSC 1356 (3 December 2007) as follows:
I. The first problem with private prisons is inherent in the phenomenon itself (McMahon, 1997, p. 116).
One public policy issue that is attracting a great deal of attention is the matter of prison reform. While a great many members of the public support improvements in the safety, security and quality of life in prisons, few will endorse this at the expense of the same for law-abiding citizens. However, according to Koh (2013), Texas is currently facing one such dilemma. According to Koh, "prison reforms may result in better conditions for inmates, but those improvements come at the expense of welfare cash assistance and other government relief for the needy, according to a study released this month by Rice University and Louisiana State University." (Koh, p. 1)
A topical listing of the cases is presented with the case and solution following the listing.
which are presented in Cases 12I and 13I. In addition, the case focuses on quantifying the
Read Case 1.9, "ZZZZ Best Company, Inc." in your text. Answer questions #1, 2, and 4 found at the end of the case.
Human trafficking “shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs” (Protocol To Prevent, 2).