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Exploring the Prohibition of Human Trafficking and Forced Labour: A Comprehensive Analysis of Article 23 of the Indian Constitution
Authors
Anshika Tiwari,Rahul Singh
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Keywords
Article 23, Indian Constitution, trafficking, forced labor, human rights, judicial interpretation, legislative measures, challenges, solutions
Abstract
The relevance of Article 23 of the Indian Constitution stems from its status as a basic pillar of human rights protection. It acts as a lighthouse for the abolition of heinous crimes such as human trafficking and forced labor, both of which violate individuals' fundamental liberties and dignity. This research study examines art 23 from its historical roots to its modern significance, focusing on several factors such as legal interpretation, legislative activities, and implementation issues.
The historical growth of Article 23 illustrates the country's dedication to correcting the injustices of the colonial era, when exploitation through indentured labor and trafficking was common. The inclusion of Article 23 in the Constitution demonstrates India's will to right these historical wrongs and build a society based on justice, liberty, and equality.
The judiciary's role in interpreting and implementing Article 23 provisions is fundamental to the analysis. Courts have defined the boundaries of forced labor and human trafficking, as well as the obligations of the state and the rights of victims, through seminal rulings. These judicial interpretations have impacted legislative changes and policy frameworks intended to tackle these offenses in addition to shaping legal doctrine.
Another important component of the research is legislative measures. Acts like the Child Labor (Prohibition and Regulation) Act, the Bonded Labor System (Abolition) Act, and the Immoral Traffic (Prevention) Act provide the legal toolkit for combating forced labor and human trafficking. The research aims to improve the legal apparatus for fighting these crimes, and crucial components of that apparatus include assessing the efficacy of existing laws, identifying gaps, and suggesting legislative improvements.
The article also explores the incidence of forced labor and human trafficking in India, emphasizing the complex nature of these issues and their underlying causes. The analysis offers insights into the socio-economic aspects influencing vulnerability by looking at empirical data and case studies. This information helps to develop targeted interventions and preventive actions.
IJCRT's Publication Details
Unique Identification Number - IJCRT24A4253
Paper ID - 257602
Author type - Indian Author
Page Number(s) - k935-k943
Pubished in - Volume 12 | Issue 4 | April 2024
DOI (Digital Object Identifier) -
No Of Downloads - 61
Author Country - India, 208002, Kanpur , Kanpur , 208002, Social Science All
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Anshika Tiwari,Rahul Singh, "Exploring the Prohibition of Human Trafficking and Forced Labour: A Comprehensive Analysis of Article 23 of the Indian Constitution", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.12, Issue 4, pp.k935-k943, April 2024, Available at :http://www.ijcrt.org/papers/IJCRT24A4253.pdf
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