Begar - Definition - Law Dictionary Home Dictionary Definition begar

Definition :

Begar, It is a word of Indian origin which like many other words has found its way in the English vocabulary. It is very difficult to formulate a precise definition of the word 'begar', but there can be no doubt that it is a form of forced labour under which a person is compelled to work without receiving any remuneration. Molesworth describes 'begar' as 'labour or service extracted by a govern-ment or person in power without giving remuneration for it'. Wilson's Glossary of Judicial and Revenue Terms gives the following meaning of the word 'begar': 'a forced labourer. One pressed to carry burthens for individuals or the public. Under the old system, when pressed for public service, no pay was given. The begari, through still liable to be pressed for public objects, now receives pay. Forced labour for private service is prohibited.' 'Begar' may therefore be loosely described as labour or service which a person is forced to give without receiving any remuneration for it. That was the meaning of the word 'begar' accepted by a Division Bench of the Bombay 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 constitutionally prohibited by Article 23 but also all other similar forms of forced labour, People's Union for Democratic Rights v. Union of India, (1983) 1 SCR 456: AIR 1982 SC 1473: (1982) 3 SCC 235 (244).

The word 'begar' was of Indian origin and has, in due course of time gained entry into the English vocabulary. That word is understood to be the labour or service which a person is forced to give without receiving any remuneration for it, State of Gujarat v. Hon'ble High Court of Gujarat, AIR 1998 SC 3164 (3170): (1998) 7 SCC 392.

Begar, is similar to involuntary servitude in U.S.A., it was abolished under the Thirteenth Amendment to the Constitution in 1865, the Japanese and West German Constitutions too have abolished involuntary servitude, Commentary on Constitution of India, Durga Das Basu, Vol. D, pp. 182-183.

Begar, is an Indian practice of compelling tenants to render free service to their landlords under the old Zamindari system. Commentary on the Constitution of India ' Durga Das Basu, Vol. D, p. 185.

Means labour or service exacted by Court or a person in power without giving remuneration for it, Vadudevan v. Mital, AIR 1962 Bom 100.

Means forced labour, Constitution of India, Article 23(1).