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What protections exist against forced labour?

Short answer

Article 23 prohibits forced labour, human trafficking, and bonded labour. Employing someone without paying wages is forced labour.

Understanding the issue

Article 23 of the Constitution prohibits traffic in human beings, begar (forced labour without payment), and other similar forms of forced labour. Any contravention is a punishable offence. The Bonded Labour System (Abolition) Act specifically abolishes the bonded labour system and makes it a criminal offence to compel anyone to work as bonded labour. This includes debt bondage where a person is forced to work to repay a loan. BNS Section 143 deals with trafficking of persons for exploitation. Even compelling a domestic worker to work without payment or restricting their freedom constitutes forced labour. Victims can approach the District Magistrate or Labour Commissioner for release and rehabilitation.

Laws that apply

  • Article 23 (Prohibition of traffic in human beings and forced labour)
  • Bonded Labour System (Abolition) Act
  • BNS Section 143 (Trafficking of person)