Forced labor is an issue that has to be pondered upon-illustrate and explain in light of the constitution.

Forced labor is an issue that has to be pondered upon-illustrate and explain in light of the constitution.

Title: ‘Constitutions of Bangladesh prohibits all forms of forced labor and provides for punishment accordingly. The relation to fundamental rights enshrined in the constitutions.’

Abstract

In this essay we will focuses that constitution prohibits all forms of forced labor and provides punishment against forced labor. We will also see that which punishment system are present and what forms of forced labor are done by others. We will also know the relation to fundamental rights enshrined in the constitution. Our constitution contains our fundamental rights. And we will relate this through this essay.

Keywords

Constitution of Bangladesh, Forced labor, Punishment against forced labor, Fundamental rights, Relation to fundamental rights enshrined in the constitution.

Introduction

The constitution of Bangladesh is the supreme law of Bangladesh. It declares that Bangladesh is a democratic country. Every constitution should prefer people’s fundamental rights. Our constitution is a written constitution. Every fundamental right is written there. Every person have some fundamental rights and they are very much concern about their rights. All of us want to establish their rights. And constitution can presort these rights. Because it is a supreme law of our country. If constitution does not assist our fundamental rights so country could not go ahead. Because everything follows some laws.

Constitution of Bangladesh

Our country’s constitution is a written constitution. It is not easily changeable. If we want to change our constitution so we must need 2/3 vote of our parliament members. The constitution proclaims nationalism, democracy, socialism and secularity as the fundamental principles of the Bangladeshi republic. It is one of the most liberal constitutions. Our constitution came into effect from December 16, 1972. Many different laws are written

Laws inconsistent with fundamental rights to be void.

(1) All existing law inconsistent with the provisions of this Part shall, to the extent of such inconsistency, become void on the commencement of this Constitution.

(2) The State shall not make any law inconsistent with any provisions of this Part, and any law so made shall, to the extent of such inconsistency, be void.

[(3) Nothing in this article shall apply to any amendment of this Constitution made under article 142].

Fundamental Rights

Rights are legal, social or ethical principles of freedom or entitlement. Rights are the fundamental normative rules. Rights are importance in such disciplines as law and ethics especially theories of justice deontology. Rights are often considered fundamental to civilization. The connection between rights and struggle cannot be overstated—rights are not as much granted or endowed as they are fought for and claimed. Rights have many types like natural and legal rights, claim and liberty rights, negative and positive rights, individual group rights. Every rights have different distinctiveness.

Natural rights versus legal rights

Natural rights are rights which are natural, not manmade or artificial. Natural rights are known as moral rights or unalienable rights.

Legal rights, in contrast, are based on a societies customes,laws,status or actions by legislatures. An example of legal right is the right to vote for citizens. Legal rights are sometimes called civil rights.

Claim rights versus liberty rights

A claim right is a right which entails that another person has a duty to the right holder. Like in jurisdiction where social welfare services are provided, citizens have legal claim rights to be provided with those services.

A liberty right or privilege, in contrast, is simply a freedom or permission for the right-holder to do something, and there are noobligations on other parties to do or not do anything. Legal rights and claim rights are the inverse of one another.

Positive rights versus negative rights

Positive rights are permissions to do things, or entitlements to be done unto. One example of positive right is the purported “right to welfare”

Negative rights are not to do things, or entitlements to be left alone. It is opposite of positive rights.

Individual rights versus group rights

Individual rights are rights held by individual people regardless of their group membership or lack thereof.

Group rights have been argued to exist when a group is seen as more than a mere composite or assembly of separate individuals but an entity in its own right. Some argue that when soldiers bond in combat, the becomes like an organism in itself and has rights which trump the rights of any individual soldier.

Rights and politics

Rights are often included in the foundational questions governments and politics have been designed to deal with. Often the development of these socio political institutions have formed a dialectical relationship with rights. Accordingly, politics play an important role in developing or recognizing the above rights, and the discussion about which behavior are included as “rights” is an ongoing political topic of importance.

Fundamental Rights In Bangladesh

Bangladeshi people have 23 fundamental rights under the Constitution of Bangladesh.[1] The Fundamental Rights in Bangladesh under below:

  1. Laws inconsistent with fundamental rights to be void (Article-26)
  2. Equality before law (Article-27)
  3. Discrimination on grounds of religion, etc. (Article-28)
  4. Equality of opportunity in public employment (Article-29)
  5. Prohibition of foreign titles, etc. (Article-30)
  6. Right to protection of law (Article-31)
  7. Protection of right to life and personal liberty (Article-32)
  8. Safeguards as to arrest and detention (Article-33)
  9. Prohibition of forced labor (Article-34)
  10. Protection in respect of trial and punishment (Article-35)
  11. Freedom of movement (Article-36)
  12. Freedom of assembly (Article-37)
  13. Freedom of association (Article-38)
  14. Freedom of thought and conscience, and of speech (Article-39)
  15. Freedom of profession or occupation (Article-40)
  16. Freedom of religion (Article-41)
  17. Rights of property (Article-42)
  18. Protection of home and correspondence (Article-43)
  19. Enforcement of fundamental rights (Article-44)
  20. Modification of rights in respect of disciplinary law (Article-45)
  21. Power to provide indemnity (Article-46)
  22. Saving for certain laws (Article-47)
  23. Inapplicability of certain articles (Article-47A)

Forced labor

Unfree Labor

Unfree labor includes all forms of slavery as well as all other related institutions. E.g. debt slavery, wage slavery, serfdom, conscription and labor camps.[2] Payment for unfree labor may be in one or more of the following forms:

· The payment does not exceed subsistence or barely exceeds it.

· The payment is in goods which are not desirable and cannot be exchanged or are difficult to exchange.

· The payment mostly consists of cancellation of a debt or liability that was itself coerced or belongs to someone else.

It is argued by supporters of certain theories of distributive justice that any occasion on which a worker is able to turn down employment and look elsewhere is “free labor” There are different forms of unfree labor. In which individual workers are legally owned throughout their lives, and may be bought, sold or otherwise exchanged by owners, while never or rarely receiving any personal benefit from their labor. Slavery was common in many ancient societies.

Indenture and bonded labor

A more common form in modern society is indenture or bonded labor under which worker sign contracts to work for a specific period of time, for which they are paid only with accommodation and sustenance or this essential in addition to limited benefits such as cancellation of debt, or transportation to a desired country.

Penal Labor

Penal labor is a form of unfree labor in which prisoners perform work, typically manual labor. The work may be light or hard, depending on the context. Large-scale implementations of penal labor include labor camps, prison farms, and penal colonies.

Prison Labor

Prison labor is another classic form of unfree labor. The forced labor of convicts has often been regarded with lack of sympathy, because of the social stigma attached to people regarded as “common criminals”.

Truck System

A truck system, in the specific sense in which the term is used by labor historians, refers to an unpopular or even exploitative form of payment associated with small, isolated or rural communities, in which workers small producers are paid in either goods, a form of payment known as truck wages

The present situation of forced labor

The international labor organization estimates that:

  • At least 12.3 million people are victims of forced labor
  • more than 2.4 million have been trafficked
  • 9.8 million are exploited by private agents
  • 2.5 million are forced to work by the state or by rebel military groups.

Stopping forced labor

Forced labor is universally condemned. Yet the elimination of its numerous forms-old and new, ranging from slavery and debt bondage to trafficking in human beings-remains one of the most complex challenges facing local communities, national governments, employers and workers organizations and the international community.

Comparative assessment

Form above discussion we can understand that constitution of Bangladesh is the supreme law of our country. And our constitution prohibits all forms of forced labor. Under any forced labor our constitution ensure different punishment. Every human being have some rights which are very important for every person. We have 23 fundamental rights. One of is forced labor. If anybody create pressure to do some specific work so we will called it forced labor. And any kind of forced labor is punishable by our constitution. Our constitution enclose all types of fundamental rights. Every person should obey every roles and regulation of our country. So we could maintain our fundamental rights.

Conclusion

Bangladeshi people have 23 fundamental rights under the constitution. One of the most important right is prohibition of forced labor. Constitutions give punishment against this type of crime. Forced labor have many forms all forms of forced labor is prohibited by our constitution. All fundamental rights enshrined in the constitution. So we all of us should conscious about our fundamental rights and to be careful another person’s rights.

REFERANCES

Books, Articles and web address

Allen, Theodore W. (1994). The Invention of the White Race: Racial Oppression and Social Control. New York: Verso Books.

Blackburn. (1997). The Making of New World Slavery From the Baroque to the Modern, 1492–1800, London: Verso Books.

Brass, Tom, Marcel Van Der Linden, and Jan Lucassen. (1993). Free and Unfree Labor. Amsterdam: International Institute for Social History.

Brass, Tom. (2011). Labor Regime Change in the Twenty-First Century: Unfreedom, Capitalism and Primitive Accumulation. Leiden: Brill.

Hilton, George W. (1960). The Truck System, including a History of the British Truck Acts, 1465-1960. Cambridge: W. Heffer & Sons Ltd. [reprinted by Greenwood Press, London, 1975.

http://en.wikipedia.org/wiki/Constitution_of_Bangladesh.

http://www.pmo.gov.bd/pmolib/constitution/part3.htm

http://en.wikipedia.org/wiki/Rights

http://en.wikipedia.org/wiki/Law_of_Bangladesh

http://en.wikipedia.org/wiki/Forced_labour

http://www.ilo.org/sapfl/Informationresources/ILOPublications/lang–en/docName–WCMS_088490/index.htm

Article of natural and legal rights.

Article of claim rights and liberty rights

Article of positive rights and negative rights.

Article of individual rights and group rights.

[1] http://en.wikipedia.org/wiki/Law_of_Bangladesh

[2] http://en.wikipedia.org/wiki/Forced_labour

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.