SHREEYASH PRATISHTHAN’S

SHREEYASH COLLEGE OF ENGINEERING AND TECHNOLOGY

(POLYTECHNIC),[Link]

MICRO-PROJECT REPORT

NAME OF DEPARTMENT:-COMPUTER ENGINEERING

ACADEMIC YEAR:- 2024-25
SEMESTER:-THIRD
COURSE NAME:-_________________________________
COURSE CODE:-__________________________

MICRO-PROJECT TITLE:-Right against exploitation

PREPARED BY:
1) Pramod Pardeshi [Link]
2) Bhagwat Sonawane [Link]
3) Ritesh Sonet [Link]

1. P

UNDER THE GUIDANCE OF:- Prof.______________________________

 MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION,
MUMBAI
CERTIFICATE
This is to certify that Mr./ Ms. ______________________________________________________________
of __________Semester of Diploma in _______________________________________________________
of Institute _____________________________________________________________________________
has successfully completed Micro-Project Work in Course of _____________________________________
for the academic year 2023-24 as prescribed in the I-Scheme Curriculum.

Date:-_______________________ Enrollment No:-____________________________

Place:-______________________ Exam Seat No.:-____________________________

Signature Signature Signature

Guide HOD Principal

Seal of Institute
 ACKNOWLEDGEMENT

We wish to express
our profound gratitude
to our guide Mr./Ms.
………………………………
……… who guided us
endlessly in the framing
and completion of the
micro project. He/she
We wish to express our profound gratitude to our guide
Prof.________________________ who guided us endlessly in framing and
completion of Micro-Project. He / She guided us on all the main points in that
Micro-Project. We are indebted to his / her constant encouragement, cooperation
and help. It was his / her enthusiastic support that helped us in overcoming of
various obstacles in the Micro-Project.
We are also thankful to our Principal, HOD, Faculty Members
and classmates for extending their support and motivation in the completion of
this Micro-Project.

1) ____________________________________________EN. NO.__________________
2) ____________________________________________EN. NO.__________________
3) ____________________________________________EN. NO.__________________
4) ____________________________________________EN. NO.__________________
5) ____________________________________________EN. NO.__________________
6) ____________________________________________EN. NO.__________________

index
 CONSTITUTIONAL LAW

Right against exploitation

Article23-Prohibitionof„TrafficinHumanBeings‟and Forced Labour

Abstract:

The Fundamental Rights enacted in Part-III includes basic inherent human rights which an
individual posses. These rights operate as limitations on the powers of the State and impose
negative obligations on the State not to intrude on individual liberty. But under Part-III
there are certain Fundamental Rights bestowed by the Constitution which are enforceable
against then tire world and they are found interalia in Article 17,23 and 24.1 Article 23 was
incorporated in the Constitution to prohibit traffic in human beings and be gar and other
similar forms of forced labour.

 Introduction

India is the largest democracy in the world today. This track of progress and development
has a great struggle concealed behind it. India has been a victim of slavery since centuries
altogether. It took several centuries to get India free from slavery and finally after the
enactment of the Indian Penal Code, 1860, slavery was completely abolished in India. The
framers of the Indian Constitution through Article 23 and 24 expunged such practices. The
Constitution of India guarantees liberty and dignity to every individual, hence, leaving no
scope for exploitation, slavery and ill-treatment.

Keywords: Begar, Forced Labour, Human trafficking, Article23

Article 23of the Indian Constitution expressly prohibits human trafficking, forced labour
and other similar activities. It also states that any violation of this provision will be
considered as an offence and the person acting in contravention of the law will be
penalized in accordance withthe law.

Features of Article 23

I has certain features which every individual should be aware of–

  Right against exploitation prescribed as a fundamental right of the individual
sunder Article 23 of the Indian Constitution.
 It protects both the citizens and the non-citizens against exploitation.
 It protects individuals against the State as well as private citizens.
 Article 35 authorises Parliament to make laws for punishing the acts which are
prohibited under Article 23.

This article imposes a positive obligation on the State to abolish immoral practices of
exploitation like human trafficking and other forms of forced labour.

Practices prohibited by Article 23

Article23 explicitly prohibits the following discussed practices:

 Begar: This is a form of forced labour which means involuntary work without any
remuneration. In other words, it can be said that a person is compelled to work
against his will without being paid for it.

 Bonded Labour / Debt Bondage: Article 23 prohibits bonded labour as it is a form

of forced labour as per this article. This is a practice under which a person is
forced to work to pay off his debt. The money they get is very little and the work
they do gets doubled. Often these debts get passed over to the next generations.
Hence, it is known as a form of forced labour.

 Human trafficking: It means selling and buying of a human being like goods and
includes immoral trafficking of women and children. Although, slavery is not
expressly mentioned under Article 23 but it is included within the meaning of
„traffic in human beings’. In pursuance of Article 23, Parliament has passed the
Suppression of Immoral Traffic in Women and Girls Act, 1956, for punishing
human trafficking.

 Other forms of forced labour: Any other practice which comes under Article 23 is
also prohibited by this Article.

 An Exception to Article 23

Under clause (2) of Article 23, the State is allowed to impose compulsory services for
public purposes like national defence, removal of illiteracy and other public utility services
(electricity, water, air and rail services, postal services, etc.) provided that in making any
such service
compulsoryforpublicpurposes,theState,however,cannotmakediscriminationonthebasis of
 religion, race, caste or class or any of them.

1. Traffic in human beings: the term human trafficking’ generally referred to as slavery
means that sex beings are purchased and sold as though they were chattels, and this
custom is legally abolished. The term often refers to trafficking in women for unethical
reasons
2.
2. Forced Labour: Exusdem generis could be translated as “all types of forced labour in a
relatedway”inArticle23(1).The type of “forced labour” discussed in this Report may have
something to do with human or beggar trafficking. There is one loophole to the ban against
forced labour. The State can enforce a public mandatory service pursuant to Article 23(2).

Article 23 of the Constitution forbids slave labor and requires the crime to be punished
in compliance with rule 4 for the violation of that prohibition. Although the prohibition
against slavery is total, there is one exception that is made to the prohibition against forced
labor; that is, if that service is required for public purposes the State can enforce a
mandatory service. After the constitution, the initial draft and the Constituent Assembly, led
by Dr. B.R., is regarded as any exception. Throughout the sense of “pubic intentions,”
Ambedkar has followed subclause (2).

In Bandhua Mukti Morcha v. Union of India2, the Supreme Court observed that the
State was in violation of Articles 21 and 23 when it refused to recognize the bonded
workmen, free them from slavery or rehabilitation of them as contemplated under the
1976 Bonded Labour System [Abolition] Act.

Article 23 of the Constitution provides for forced labor and requires any violation of
such a prohibition to be a criminal crime pursuant to law Although banning trafficking
of human beings is absolute, the prohibition of force-work is subject to one exception,
that is to say, if such service is required for a public reason, the State may enforce a
compulsory service.
In the initial draft and after complete discussion, the Constituent Assembly led by Dr.
B. R. was found to be an anomaly to the constitution. Ambedkar accepted clause (2) on
“pubic intentions.”[3]

Article23(2)
Clause (2), except clause (1), requires the State to enforce a compulsory public service.
The State shall, however, not discriminate on the basis of faith, ethnicity , sex, gender
or any other, when enforcing such a compulsory facility.
The word „public intent‟ encompasses any goal or objective which explicitly and
fundamentally concerns the common good and not the specific good of individuals.
The priorities set forth in section IV of the Constitution concerning the Regulatory
Concepts of Public policy would involve social or economic goals.

M.P. State in Devendra v Nath Gupta3. The Madhya Pradesh High Court ruled that,
even though there was no allowance, teachers were expected to provide a service for
 “public
purposes,”includingeducationsurveying,familyplanning,listofelectors,generalelections,
etc. that did not contravene Article 23.

The High Court in Calcutta, Dulai Shamantav District Magistrate4 , Howrah

observed that it was not prohibited for a public benefit, because it was not begar or trafficked
by the State or was not enforced by the Constitution of Article [Link] the same way, Durbar
Goal a v Union of India [6] holds that there is no forced labor, or begar, if a individual
willingly decides to do work or to do extra work to gain other return benefits.

In Raj Bahadur Case5it was held that Article 23 specifically prohibits traffic in human
beings or women for immoral purpose.

Land mark Judgments

Some of the important cases pertaining to Article23 are briefly discussed as follows–

 In the case of People’s Union for Democratic Rights v. Union of India 6the
Supreme Court interpreted the ambit of Article 23. Bhagwati J. held as follows-

“The scope of Article 23 is vast and unlimited. It is not merely ‘begar’ which is prohibited
under this Article. This Article strikes at forced labour in whichever form it may exist as it
violates human dignity and opposes the basic human values. Hence, every form of forced
labour is prohibited by Article 23 without considering whether forced labour is being paid
or not. Also, no person shall be forced to provide lab our or services against his will even if
it is mentioned under a contract of service. The word „force‟ has a very wide meaning
under Article 23. It not only includes physical or legal force but also recognizes economic
circumstances which compel a person to work against his will on less than minimum wage.
It was directed by the court to Government to take necessary steps punishing the violation
of the fundamental rights of the citizens guaranteed under Article 23 by private
individuals.”

 In San it Roy v. State of Rajasthan7, the State employed people for certain work
under the Famine Relief Act. The people were badly hit by famine, thus the State
employed them. However, these people were paid even below the minimum
wages on the ground that the money is given to help them in meeting the famine
situation. Bhagwati J. held that-

“The payment of wages lower than the minimum wage to a person employed in Famine
Relief Work is violative under Article 23. The State is not allowed to take undue advantage
of the helplessness of such people with an excuse of helping them to meet the situation of
famine or drought.”

 In Deena v. Union of India8, it was held by Chandarchud C. J. that-

“The labours taken from the prisoners without paying remuneration was „forced labour‟
and violative of Article 23 of the Constitution. The prisoners are entitled to payment of
reasonable wages for the work taken from them and the Court is under a duty to enforce
their claim.”

Conclusion

The poorer parts of society continue suffering some severe problems under Articles 23
and 24 of this Convention against trade in and child labor. Such actions are
constitutionally prohibited by statute, as well as the ground rules and requirements laid
down in the Protection to Slavery Legislation, which are also protected by judicial
proceedings in Parliament in the context in Slave Labor Emancipation Act of 1976
which Child Labour Act of [Link] must all be conscious that child trafficking is
unethical and this recognition will not only be limited to media commercials. This will
be applied to the towns. For poor women and girls, groups of women should be
formed. I believe that if we listen, we, the young, will make a huge difference. That is
the only way for India to become a nation in which all its citizens live equal lives
without fear of exploitation.
I feel that if one’s life were subject and at the whim of another individual, the concept
of equality before law, fair law rights, and any other basic right in the matter will have
little sense. Whilst this constitutional right guarantees the security of the government’s
people , India also has a long way to go towards zero oppression.

Reference

[1]AIR1982SC1473
[2]AIR1998SC3164
[3]De, D.J. The Constitution of India, 1179
[4]AIR1983MP172
[5]AIR1958Cal365
[6]AIR1952Cal496
[7]AIR1953Cal496
[8]Legal bites. in
[9]Fundamental Rights, The Constitution of India-Part III
[10]Basu, Durga D. Introduction to the Constitution of India,15the [Link] Delhi:
 Annexure-IV
MICRO-PROJECT EVOLUTION SHEET

Name of Student:-____________________________________________En. No._____________________

Name of Program:-___________________________________________ Semester:-__________________
Course Name:- ______________________________________________ Course Code:-_______________
Title of The Micro-Project:- ______________________________________________________________
Course Outcomes Achieved:-
a)_______________________________________________________________________
b)_______________________________________________________________________
c)_______________________________________________________________________
d)_______________________________________________________________________
e)_______________________________________________________________________

Sr. Poor Average Good Excellent Sub

Characteristic to be
No. assessed (Marks1-3) (Marks4-5) (Marks 6-8) (Marks9-10) Total
(A) Process and Product Assessment (Convert Below total marks out of 6Marks)
1 Relevance to the course
2 Literature
Review/information
collection
3 Completion of the Target
as Per project proposal
4 Analysis of Data and
representation
5
Quality of Prototype/Model
6 Report Preparation
(B) Individual Presentation/Viva(Convert Below total marks out of 4Marks)
7 Presentation
8
Viva

(A) (B)
Process and Product Individual Presentation/ Total Marks
Assessment (6 marks) Viva (4 marks) 10

Comments/Suggestions about team work/leadership/inter-personal communication (if any)

__________________________________________________________________________________________
__________________________________________________________________________________________
_______________________________________________________________________________________

Name of Course Teacher:-_______________________________________

Dated Signature:-__________________