Economic Coercion and Forced Labour in Private Educational Institutions: A Constitutional Analysis Under Article 23 of The Indian Constitution

Abstract

The teaching is noble profession in India which has been traditionally associated with dignity, intellectual service and nation-building. However, the rapid commercialisation and corporatisation of education have created new forms of employment vulnerability for teachers, particularly in private schools, colleges, universities, coaching institutions and self-financed educational establishments. Many teachers, especially contractual, ad-hoc, guest, probationary and early-career faculty members, face exploitative conditions such as low salaries, unpaid work, delayed wages, excessive workload, forced resignations, salary deductions, restrictive service bonds, withholding of documents, compulsory non-academic duties and fear of termination. These practices may not resemble traditional bonded labour, but they often operate through economic compulsion and unequal bargaining power.
This article examines whether such practices can be constitutionally analysed as economic coercion and forced labour under Article 23 of the Constitution of India. Article 23 prohibits traffic in human beings, beggar and other similar forms of forced labour, and its language is wide enough to address both direct and indirect forms of labour exploitation. The Supreme Court has interpreted “force” under Article 23 to include not only physical or legal force but also economic compulsion where a person has no real alternative but to accept exploitative work conditions. The article critically analyses the scope of Article 23 in the context of private educational institutions and argues that underpayment, compulsory unpaid academic work, coercive contractual terms and employment insecurity may amount to constitutionally prohibited forced labour where consent is obtained under conditions of economic vulnerability.