Source: Allahabad High Court

Why in News?

Recently, the Allahabad High Court in the matter of Shiv Pratap Maurya & Ors. v. State of U.P. Through Prin. Secy. Deptt. of Medical Health & Ors., has held that begar is prohibited under Article 23 of the Constitution of India, 1950 (COI).

What was the Background of Shiv Pratap Maurya & Ors. v. State of U.P. Through Prin. Secy. Deptt. of Medical Health & Ors. Case?

• In this case, the petitioners were appointed on different dates between October 2012 to March 2013 on the post of Multi-Purpose Health Workers (Male) at different Primary Health Centre in the State of Uttar Pradesh.
• The appointment was for a period of three years under the scheme namely National Rural Health Mission which was a scheme by the Union Health Ministry.
• The Director, National Rural Health Mission issued a letter that the Government of India shall only extend financial support for contractual appointments of such Male workers until 31^st March 2014 and not beyond that.
• This was challenged by filing a petition before the Allahabad High Court where an interim order was granted directing that such contractual Multi-Purpose Health Workers (Male) be allowed to continue to work beyond 31st March 2014 as the initial appointment was made for a period of 3 years from 2012.
• Thereafter, the Government of India wrote a letter to the State saying that the financial support regarding salaries of the workers will be provided till 30^th September 2014 and not beyond that.
• The petition was allowed by the High Court.

What were the Court’s Observations?

• Justice Manish Kumar observed that held that the begar is prohibited under Article 23 of the COI.
• It was also held that non-payment of salary to them for the period they have served under the interim order or otherwise would be tantamount to taking begar from them, which is prohibited under Article 23 of the COI.
• It was further held that Article 23 of the COI has wider implications and scope regarding begar i.e. by taking work but not paying for the same which is linked with right to livelihood covered under Article 21 of the COI.

What is Article 23 of the COI?

About:

• This Article deals with the prohibition of traffic in human beings and forced labour. It states that-

(1) Traffic in human beings and beggars 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.

• The right is available to citizens of India as well as to non-citizens.
• It protects individuals against the State as well as private citizens.
• This article imposes a positive obligation on the State to abolish immoral practices of exploitation like human trafficking and other forms of forced labour.
• This article expressly prohibits the following practices:
  • Begar
  • Traffic in Human Beings
  • Forced Labour

Case Law:

• In the case of People’s Union for Democratic Rights v. Union of India (1983) the Supreme Court interpreted the ambit of Article 23 of COI. The scope of Article 23 is vast and unlimited. 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 the Government to take necessary steps for punishing the violation of the fundamental rights of the citizens guaranteed under Article 23 by private individuals.