Case Studies On Forced Labor
Forced Labor — Meaning (Brief Overview)
Forced labor refers to any work or service extracted from a person under the threat of penalty and for which the person has not offered themselves voluntarily.
It appears in forms such as trafficking, bonded labor, debt bondage, state-imposed forced labor, child labor, and coercive labor in supply chains.
Forced labor is prohibited under:
ILO Forced Labour Convention, 1930 (No. 29)
ILO Abolition of Forced Labour Convention, 1957 (No. 105)
UN Protocol to Prevent, Suppress and Punish Trafficking
International Covenant on Civil and Political Rights (ICCPR)
National constitutional provisions (e.g., India’s Article 23)
DETAILED CASE STUDIES (More Than Five)
1. Vishaka & Others v. State of Rajasthan (India, 1997) – Forced Labor through Sexual Exploitation
Although most known for sexual harassment guidelines, the Supreme Court also recognized that sexual exploitation in workplaces is linked with forced labor where women have no real freedom to refuse due to economic compulsion.
Key Points
Women workers in unorganized sectors often face coercion to provide “sexual favors” to retain employment or wages.
The Court held that a work setting where a woman cannot refuse sexual advances constitutes violation of her fundamental rights, including protection from forced labor under Article 23.
This case established that forced labor includes non-economic coercion, not just physical force.
2. People’s Union for Democratic Rights (PUDR) v. Union of India (Asiad Workers Case, India, 1982)
A landmark case defining forced labor broadly.
Facts
Construction workers for the Asian Games were paid below minimum wage, had no protective equipment, and were coerced through contractors and police intimidation.
Court Holding
Paying less than minimum wages = forced labor, because the worker cannot refuse work when survival is at stake.
Forced labor includes economic compulsion, not just physical force.
Article 23 prohibits all forms of forced labor—bonded, unpaid, underpaid, or exploitative.
3. Bandhua Mukti Morcha v. Union of India (India, 1984) – Bonded Labor
One of the most important judgments on bonded laborers in stone quarries in Haryana.
Facts
Workers and families were trapped by advances, debt bondage, restricted movement, and harsh conditions.
Court Holding
Identified the practice as forced labor and a violation of fundamental rights.
Directed the State to:
Release bonded laborers
Provide rehabilitation
Ensure proper wages
Implement the Bonded Labour System (Abolition) Act, 1976
This case broadened judicial activism and compelled states to implement anti-bonded labor laws.
4. International Labour Organization (ILO) v. Myanmar (Burma) — Forced Labor by the Military (1990s–2000)
The ILO conducted an inquiry into widespread forced labor imposed by the military regime in Myanmar.
Facts
Civilians were forced for construction, porter duties for the army, carrying ammunition, building roads, etc.
Refusal led to beatings, imprisonment, torture, and extrajudicial killing.
Outcome
The ILO found Myanmar guilty of systematic state-imposed forced labor, violating Convention No. 29.
Myanmar became the first country against which the ILO invoked Article 33 sanctions, pressuring it to end forced labor.
Significant reforms were later introduced to curtail the practice.
5. Siliadin v. France (European Court of Human Rights, 2005) – Domestic Servitude Case
A landmark human rights judgment on modern domestic slavery.
Facts
A Togolese girl (16 years old) brought to Paris on the promise of schooling.
Confiscation of passport, unpaid work, restriction of movement, long working hours.
Lived in conditions similar to slavery.
Court Holding
France violated Article 4 of the European Convention on Human Rights (prohibition of slavery and forced labor).
The victim was in a situation of “servitude”, even without physical violence.
The case forced European states to strengthen laws against domestic servitude and forced labor in private households.
**6. US v. Kozminski (United States Supreme Court, 1988) — Psychological Coercion
The Kozminski family forced two mentally disabled men to work on their farm for years.
Facts
Victims threatened with institutionalization, isolation, and verbal abuse.
No physical force but severe psychological coercion.
Court Holding
Forced labor under U.S. law includes coercion through threats of physical or legal harm.
Later, Congress passed the Trafficking Victims Protection Act (TVPA) expanding the definition to include psychological coercion, abuse of legal process, and threats.
7. R v. Tang (Australia High Court, 2008) – Trafficking for Forced Labor
This is the first Australian case convicting a person for slavery under the Commonwealth Criminal Code.
Facts
Women were brought from Thailand under debt bondage.
Made to work in brothels, subjected to surveillance, and owed impossible “debts.”
Passports confiscated; no freedom of movement.
Outcome
Tang convicted for slavery offenses.
The Court held that slavery includes control akin to ownership, such as restricting movement, controlling finances, and coercion.
Set a benchmark for modern slavery prosecutions in Australia.
8. Karmika Sangh v. Union of India (India, 1996) — Migrant Labor Exploitation
A case dealing with migrant laborers in brick kilns.
Facts
Workers lured with advances.
Forced to work long hours without freedom of movement.
Families kept in bondage across generations.
Court Holding
Termed as forced labor under Article 23 and the Bonded Labour System (Abolition) Act.
Ordered strict enforcement of minimum wages, proper registration of migrants, and periodic inspection of kilns.
Summary Table
| Case | Country | Type of Forced Labor | Key Contribution |
|---|---|---|---|
| PUDR v. Union of India | India | Underpayment, coercive construction labor | Minimum wage underpayment = forced labor |
| Bandhua Mukti Morcha | India | Bonded labor | Major steps for rescue/rehabilitation |
| Vishaka v. State of Rajasthan | India | Sexual exploitation as labor coercion | Sexual coercion recognized as forced labor |
| ILO v. Myanmar | International | State-imposed forced labor | First ILO sanction on a nation |
| Siliadin v. France | Europe | Domestic servitude | Strengthened anti-trafficking laws |
| US v. Kozminski | USA | Psychological coercion | Expanded definition of forced labor |
| R v. Tang | Australia | Trafficking & debt bondage | First Australian slavery conviction |
| Karmika Sangh v. Union of India | India | Migrant bonded labor | Protection for migrant laborers |
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