India's Gig Economy: A Closer Look at Constitutional Violations
India's gig economy often gets praised for innovation and flexibility. Many see it as a symbol of entrepreneurial freedom. A Niti Aayog report estimated 7.7 million gig workers in 2020-21. This number could rise to 23.5 million by 2029-2030. Food and groceries arrive in minutes. Cabs are just a tap away. Apps promise users the chance to be their own boss. These conveniences define urban life today.
Yet, behind this digital facade lies a troubling reality. Serious constitutional and human rights concerns are emerging. At its heart, much gig work in India looks like forced labor. It is not driven by chains or contracts. Instead, economic coercion, algorithmic control, and constant punishment threats fuel it. This is not just a moral issue. It is a legal claim under Indian law.
Forced Labor Under Article 23
Article 23 of the Indian Constitution prohibits forced labor in all forms. Over four decades ago, the Supreme Court clarified this in the Asiad Workers' Case of 1982. The court stated that force includes more than physical or legal compulsion. Labor extracted through economic necessity, where workers have no real choice, also counts as forced labor. This interpretation holds great relevance now.
Recent reports show delivery workers collapsing from exhaustion. They race against unrealistic time targets. Penalties hit them for delays beyond their control. Speed and efficiency come at the cost of human dignity. Delivery times are fixed. Performance gets tracked through opaque metrics. Penalties apply automatically. Reduced pay, withdrawn incentives, or sudden ID deactivation follow.
For workers relying on daily earnings, opting out is not an option. Falling short of targets, rejecting orders, or facing traffic delays can mean instant income loss. This situation worsens with low and insecure wages. No paid leave, health insurance, or accident cover exists for many.
The Human Cost of Gig Work
The human toll is stark. In India, nine bike riders die every hour. Pressure to deliver faster contributes significantly. Official road safety data for 2025 up to September reveals 91 gig workers injured or killed in accidents across Hyderabad, Cyberabad, and Rachakonda. That is roughly one accident every three days.
Risks extend beyond traffic fatalities. In a 2023 Delhi case, a female Uber driver attacked with a broken bottle reported no help arrived despite pressing the app's SOS button. Workers note platform safety systems are unreliable. Whether in heavy rain, 45°C heat, or late-night shifts, workers push on to secure incentives. Missing a delivery deadline often means losing all pay.
Ultra-fast delivery models, like 10-minute promises by apps such as Blinkit, feel dangerous to workers. They experience it as a race against time, harming physical and mental health.
Caste and Social Dynamics
Exploitation does not occur in a vacuum. Caste powerfully influences who enters gig work and bears its harshest costs. Platform labor markets are overwhelmingly staffed by Dalit, Bahujan, Adivasi, and migrant workers. These communities have long faced precarious, informal, and stigmatized labor.
In cities like Bengaluru, Urban Company recruits workers from informal settlements for cleaning roles. This reinforces marginalization in sanitation work. Once on the job, discrimination becomes routine. Delivery workers and cab drivers in Gujarat hide surnames on apps to avoid caste prejudice. In restaurants, delivery workers use separate entrances. Customers may refuse to accept orders directly, asking for parcels left outside.
In gated communities across cities like New Delhi, separate service lifts mark delivery workers as socially inferior. These practices highlight deep-seated inequalities.
Constitutional Principles and the Future
Recognizing forced labor in the gig economy does not need new ethical frameworks. It requires honest application of existing constitutional principles. If workers cannot refuse work without risking hunger or homelessness, free will is a fiction. This constitutes forced labor under Article 23.
As India debates the future of work, the central question shifts. It is not about gig platforms being efficient, scalable, or profitable. The real issue is whether technological innovation can normalize constitutional violations. Experts like Nirmal Gorana and Pankhuri Agarwal emphasize this point. Gorana leads the National Coordinator of Gig and Platform Service Workers Union. Agarwal researches at King's College London.
The gig economy's growth must align with constitutional safeguards. Protecting workers' rights is crucial for sustainable development. India stands at a crossroads, balancing innovation with human dignity.
