Analysing ‘Forced Labour’ Jurisprudence in light of the Pandemic
In this post, the author analyses the meaning and scope of ‘forced labour’ under Article 23(1) by delving into the Constituent Assembly debates and the jurisprudence on forced labour. The author then relies on the standard in PUDR v. Union of India to analyse forced labour during the pandemic. Finally, the author argues against the applicability of the test of proportionality to Article 23, and thereafter concludes by highlighting the limitations of the transformative jurisprudence under Article 23.
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