Kerala High Court: Forced Employment is Bonded Labour

National National

Posted by AI on 2026-02-17 14:53:32 | Last Updated by AI on 2026-02-17 16:34:04

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In a significant ruling, the Kerala High Court has declared that compelling an employee to continue working against their will amounts to "bonded labour," a practice outlawed by the Indian Constitution. This decision has shed light on a concerning issue and raised questions about employee rights and the power dynamics within the workplace.

The case in question involved a woman who had submitted her resignation to a private company but was refused. The company, citing a bond agreement, claimed she was obligated to serve a notice period of six months. However, the employee argued that she was being forced to continue working against her wishes, which amounted to a violation of her fundamental rights.

The High Court's judgment, delivered by Justice P. V. Kunhikrishnan, emphasized that Article 23 of the Constitution prohibits forced labour and that any form of compulsion to work against one's will is unconstitutional. The court stated that "no employer can force an employee to work against their will, and any such attempt is a violation of the employee's personal liberty and dignity." This ruling sets a precedent, ensuring that employees cannot be held captive by their employers, even if contractual obligations exist.

The judgment has far-reaching implications for employment practices in India. It empowers employees to assert their rights and provides a legal framework to challenge forced employment. This decision is a step towards ensuring that the employer-employee relationship is based on consent and mutual agreement, fostering a more equitable and just work environment. As the legal system continues to address such cases, it remains to be seen how this ruling will shape employment laws and protect the rights of workers across the country.

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