Forced Labour - Definition - Law Dictionary Home Dictionary Definition forced-labour
Definition :
Forced labour, where a person provides labour or service to another for remuneration which is less than the minimum wage, the labour or service provided by him clearly falls within the meaning of the words 'forced labour' and attracts the condemnation of Article 23, Sanjit Roy v. State of Rajasthan, AIR 1983 SC 328 (332). (Constitution of India, Article 23)
It may be physical force which may compel a person to provide labour or service to another or it may be force exerted through a legal provision such as a provision for imprisonment or fine in case the employee fails to provide labour or service or it may even be compulsion arising from hunger and poverty, want and destitution. Any factor which deprives a person of a choice of alternatives and compels him to adopt one particular course of action may properly be regarded as 'force' and if labour or service is compelled as a result of such 'force', it would be 'forced labour'. Where a person provides labour or service to another for remunera-tion which is less than the minimum wage, the labour or service provided by him clearly falls within the scope and ambit of the words 'forced labour' under Article 23, People's Union for Democratic Rights v. Union of India, AIR 1982 SC 1473 (1490): (1982) 3 SCC 235. (Constitution of India, Article 23)
Forced labour, seems to be collected with the word 'begar', State of Gujarat v. Hon'ble High Court of Gujarat, (1998) 7 SCC 392.
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