Forced Labour - Law Dictionary Search Results
Home Dictionary Name: forced labourForced labour
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 rem...
Begar and other form of forced labour
Begar and other form of forced labour, have been abolished in India, Constitution of India, Article 23(1)....
Bonded labour system
Bonded labour system, means the system of forced, or partly forced, labour under which a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect than,-(i) in consideration of an advance obtained by him or by any of his lineal ascendants or descendants (whether or not such advance is evidenced by any document) and in consideration of the interest, if any, due on such advance, or(ii) in pursuance of any customary or social obligation, or(iii) in pursuance of an obligation devolving on him by succession, or(iv) for any economic consideration received by him or by any of his lineal ascendants or descendants, or(v) by reason of his birth in any particular caste or community,- he would-(1) render, by himself for through any member of his family, or any person dependent on him, labour or service to the creditor, or for the benefit of the creditor, for a specified period or for an unspecified period, either without wages or for nominal wages, o...
Begar
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 me...
Agreement
Agreement [fr. gratus, Lat., acceptable; aggregatio mentium, Lat.], a consensus of two or more minds in anything done or to be done. See CONTRACT.Includes any arrangement or understanding, whether or not it is intended that such agreement shall be enforceable (apart from any provision of this Act) by legal proceedings. [Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969), s. 2 (a)]Means an agreement entered into under s. 20. [Pharmacy Act, 1948 (8 of 1948), s. 2 (a)]Means an agreement (whether written or oral, or partly written and partly oral) between a debtor and creditor, and includes an agreement providing for forced labour, the existence of which is presumed under any social custom prevailing in the concerned locality. [Bonded Labour System (Abolition) Act, 1976 (19 of 1976), s. 2 (b)]The expression 'agreement' referred to in the clause (b) of Article 73 has to be considered in terms of Article 299 of the Constitution, Sharma Transport v. Government of A.P., (2002) 2...
Labourer
Labourer, according to the dictionary meaning, this indicates a person who is engaged in the performance of unskilled labour, generally speaking. A person who is called upon to do some work which requires some amount of skill, however little that may be, is not to be regarded as a labourer, G. Venkatachalam Pillai v. Labour and Co. (Pte.) Ltd., AIR 1961 Mad 358 (359). [Limitation Act, 1908, Art. 7]Means servants in husbandry or manufactures, not living intra m'nia. Various repealed Acts of (English) Parliament (see, e.g., 5 Eliz. c. 4) have vested in the justices of the peace the power of com-pelling persons not having any visible livelihood to go out to service in husbandry, or in certain specific trades, for the promotion of honest industry. A 'labourer' is a man who digs and does other work of that kind with his hands (per Brett, M.R., Morgan v. London General Omnibus Co., (1884) 53 LJQB 352); but a farmer is not a labourer within the Sunday Observance Act, 1677 (29 Car. 2, c. 7) [R...
Labour Exchange
Labour Exchange, referred to by the (English) Unemployment Insurance Act, 1935 (25 Geo. 5, c. 8), s. 113, 1 (K), as 'EMPLOYMENT EXCHANGE.' The (English) Labour Exchanges Act, 1909 (9 Edw. 7, c. 7), gives the (English) Board of Trade (now Ministry of Labour) power to establish and maintain labour exchanges, and s. 5 defines 'labour exchange' as meaning 'any office or place used for the purpose of collecting and furnishing information, either by the keeping of registers or otherwise, respecting employers who desire to engage workpeople and workpeople who seek engagement or employment.' (The Labour Exchanges Act, 1909...
Labourers' dwellings
Labourers' dwellings. Prior to 1890 the following five sets of enactments provided for the erection and maintenance of healthy 'labourers' dwellings,' the first three of the five being materially amended by the (English) Housing of the Working Classes Act, 1885 (48 & 49 Vict. c. 72):(1) The (English) Labouring Classes Lodging Houses and Dwelling Houses Acts, 1851, 1866, and 1867. These Acts might be 'adopted' by the town council of a borough and other local authorities. Upon the adoption of the Acts, corporate land might be appropriated and lodging-houses erected thereon, or money might be borrowed by the local authorities for erecting such houses on other land.The (English) Act of 1885 amended the procedure for adopting these Acts, allowed land to be bought for the purpose of the Acts, and allowed separate houses to be erected under the process of the Acts.The (English) Act of 1885 took away from an owner, required to demolish such dwellings, the power which he had under these Acts of...
Bonded labour
Bonded labour, 'bonded labour' means any labour or service rendered under the bonded labour system. [Bonded Labour System (Abolition) Act, (19 of 1976), s. 2, Exp., Cl. (e)]...
Hard labour
Hard labour, a punishment said to have been intro-duced by 5 Anne, c. 6. By the (English) Criminal Justice Administration Act, 1914, s. 16(1), 'where a person convicted by or before any Court of an offence is sentenced to imprisonment without the option of a fine, the imprisonment may, in the discretion of the court, be either with or without hard labour, notwithstanding that the offence is an offence at common law, or that the statute under which the sentence is passed does not authorize the imposition of hard labour or requires the imposi-tion of hard labour.' Imprisonment for default in payment of a fine is always without hard labour....
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