(1) Traffic in human beings and 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.

(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them

Begar is a form of forced labour.

Under People Union for Democratic Rights case, 1982 the Supreme Court said that even though the expression "by law" is not mentioned in section 2, yet the compulsory service cannot be implemented by the state by executive order, it has to be done by Law.

Running a Brothel.

Pimping (Controlling prostitutes and arranging clients for them).

Soliciting prostitution in public places like Hotel, Guest house etc.

There is debate of legalizing the sex work in India. In many countries like Denmark, Germany, New Zealand etc. the substantial aspect of sex work have been de-criminalized.

As currently almost all the sex work took place
in secretive manner and by legalizing all these activities will be on surface and state will be better able to regulate this industry.

State will be in better position to check the trafficking of women and forced prostitution.

The sex workers will be better protected from STD's, AIDS etc. by the increased access to information by the government.

Sex work will also be covered under the Labour Laws and through the various social protections.

There may be decrease in case of Rapes, Sexual assaults etc.

After providing legal status there will be no requirement of middlemen who often exploit the sex workers.

Improvement in hygiene, living conditions etc. can be ensured.

This will lead to spurt in demand of sex workers which may further increase the illegal sex trafficking.

There will be further enhancement of commodification of women.

It may send wrong message that the government is encouraging or promoting sex work and commodification of women.

The list of hazardous employment is mentioned in the Child Labour (Prohibition and Regulation) Act, 1986. 18 occupations and 65 industrial processes are listed under this Act.

Family Run enterprises.

Audio Visual Entertainment industry.

It is the modern form of slavery.

Prohibition of Human Trafficking

Prohibition of Begar

Prohibition of Forced Labour

Article 23 permits the State to impose compulsory
service for public purposes, as for example, military service or social service, for which it is not bound to pay.

However, in imposing such service, the State is not
permitted to make any discrimination on grounds only of religion, race, caste or class.

It was a peculiar Indian system used by local
zamindars.

It protects the individual not only against the
‘State’ but also against ‘private persons’.

all work or service which is exacted from any person
under the threat of a penalty and for which the person has not offered himself or herself voluntarily.

Article 23 of Indian constitution declared
‘bonded labour’ unconstitutional.

According to the UNCRC, a child means every human being below the age of 18 years.

The Child Labour (Prohibition and Regulation) Act, 1986 defines a child as a person who has not completed fourteen years of age.

The Factories Act, 1948 and Plantation Labour Act 1951 states that a child is one that has not completed fifteen years of age

The Juvenile Justice (Care and Protection of
Children) Act, 2000 has changed the definition of child to any person who has not completed 18 years of age.

POCSO Act 2012 defines a child as any person below 18 years of age.

Children are engaged in
domestic household tasks without pay.

Agricultural laborers,
domestic maids, migrant Agricultural laborers,
domestic maids, migrant

o The age of children was defined as anyone younger than 14 years of age.

o Children were prohibited from working in 13 occupations and 57 procedures under this law.

National Commission for Protection of Child Rights

• State Commissions for Protection of Child Rights

The law prohibits people between the ages of 14 and 18 from working in hazardous activities

The amendment imposed strict penalties for
infringing child labour policies.

The rule under this act simplified problems
relating to the employment of children in family business

The Act defines Child as any person below eighteen. The Act remains gender-neutral.

Second, The Act also defines different forms of sexual abuse: including penetrative and non-penetrative assault, as well as sexual harassment and pornography.

Third, The Act deems a sexual assault to be “aggravated”: If the abused child is mentally ill or the abuse is committed by a person in a position of trust or authority like a family member, police officer, teacher, or doctor.

The Special Juvenile Police Unit or the local police will make immediate arrangements for the care and protection of a child.

The arrangements such as obtaining emergency medical treatment for the child and placing the child in a shelter home etc.

This casts a legal duty upon a person who has knowledge that a child has been sexually abused to report the offence.

If he fails to do so, he may be punished with six months’ imprisonment and/ or a fine.

Sixth, The Act provides for the establishment of Special Courts for the trial of offences under the Act.

Lastly, The Act prescribes a maximum punishment of life imprisonment or the death penalty. The Act provides a mandatory minimum punishment of three years.

The Act has provisions for avoiding the re-victimisation of the child at the hands of the judicial system.

The accused has to be away from the child at the time of testifying.

The Act mentions special courts have to conduct the trial without revealing the identity of the child. And also in a child-friendly manner as much as possible.

The child may have a parent or other trusted person present at the time of testifying. The Child can also call for assistance from an interpreter, special educator, or other professional while giving evidence.

The cases must be disposed of within one year from the date the offence is reported.

In India, begging was first criminalised in the 1920s, as part of a colonial logic that sought to subjugate certain communities by imputing criminality to them.

Beggary laws in India are a relic of the old colonial legacy. For example, according to the Criminal Tribes Act (1871), indigenous peoples were deemed criminals by birth and herded into concentration camps, where families were separated and forced labour was the norm.

These criminal tribes are now called denotified tribes (after independence), which forms a major section of people engaged in beggary.

People found “begging” can be arrested without a warrant, and after a summary procedure, thrown into “Beggars Homes” for anything between a year and three years

Begging and homelessness are indicators of chronic poverty. Therefore, criminalising poverty violates basic human dignity.

This coupled with the draconian processes under the Act, violated the right to life and personal liberty under Art. 21.

Criminalising begging is violative of 19(1)(a) – freedom of speech guarantee and Art. 19(1)(d) – freedom of movement.

Beggary is a manifestation of the fact that the person has fallen through the socially created net.

The government has the mandate to provide social security for everyone, to ensure that all citizens have basic facilities, and the presence of beggars is evidence that the state has not managed to provide these to all its citizens.

There is no central Act on beggary; however, many States and Union Territories have used certain sections of the Bombay Prevention of Beggary Act, 1959,as the basis for their own laws.

Through these legislations, the governments try to maintain public order, addresses forced begging or “begging rackets”, prevent annoyance to tourists.

The Centre made an attempt at repealing the Act through the Persons in Destitution (Protection, Care and Rehabilitation) Model Bill, 2016,with provisions including doing away with the Beggary Act and proposing rehabilitation centres for the destitute in each district.

Bihar government’s Mukhyamantri Bhikshavriti Nivaran Yojana is a scheme worth emulation

The very real problem of organised begging rackets will have to be addressed by other means, perhaps based on the law of trafficking.

Immoral Traffic Prevention Act, 1956 and Bonded Labour Abolition Act, 1976 were enacted to execute this right.

Clause (2) does not mention the requirement of law for its execution, thus only by executive action this
section can be implemented. It may create issues as executive action may be arbitrary or unreasonable.

According to the Supreme Court, even if someone is paid for the forced labour, it is still a violation of Right under Article 23 ( 1).