Article 23 of the Indian Constitution: Prohibition of Human Trafficking and Forced Labour
Introduction
Article 23 of the Indian Constitution is a fundamental right that prohibits human trafficking, forced labor, and begar (unpaid labor). It ensures that no person is exploited for labor against their will and provides the legal framework to abolish slavery-like practices in India.
Text of Article 23
(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service, the State shall not make any discrimination on grounds only of religion, race, caste, or class or any of them.
Explanation of Article 23
Clause (1) – Prohibition of Human Trafficking & Forced Labour
✅ Bans human trafficking – Includes the sale and purchase of humans for slavery, prostitution, and exploitation.
✅ Bans forced labor (begar) – No person can be forced to work without wages or against their will.
✅ Violation is a criminal offense – Any form of human trafficking or forced labor is punishable by law.
Clause (2) – State’s Power to Impose Compulsory Service
✅ The government can mandate certain services (e.g., military service, community work) for public welfare.
✅ However, the State cannot discriminate while imposing such service on the basis of religion, caste, race, or class.
Key Provisions & Interpretations
1. What is ‘Begar’?
❌ Begar refers to a form of unpaid and forced labor, where a person is compelled to work without wages.
❌ It was widely practiced in India during the British colonial rule and in feudal landlord systems.
2. What is Human Trafficking?
🚨 Human trafficking refers to the illegal trade of humans for exploitation, sexual slavery, or forced labor.
🚨 Includes child trafficking, bonded labor, and prostitution rackets.
3. What is ‘Other Similar Forms of Forced Labour’?
⚠️ Includes bonded labor, where individuals are forced to work to pay off debts.
⚠️ Includes coerced prostitution and child labor under exploitative conditions.
Landmark Supreme Court Cases on Article 23
| Case Name | Judgment |
|---|---|
| People’s Union for Democratic Rights v. Union of India (1982) | The Supreme Court expanded the definition of forced labor to include cases where people are forced to work for less than minimum wage. |
| Sanjit Roy v. State of Rajasthan (1983) | Forced labor cannot be justified, even in government projects like drought relief work. |
| Bandra Mukti Morcha v. Union of India (1997) | The court ordered the release of bonded laborers and instructed states to ensure rehabilitation programs. |
Importance of Article 23
✅ Abolishes Feudal & Colonial Exploitation – Ends the practice of unpaid labor and landlord oppression.
✅ Protects Human Dignity – Ensures no person is forced into labor against their will.
✅ Prevents Human Trafficking – Strengthens laws against child trafficking, prostitution, and forced labor.
✅ Promotes Equal Opportunities – Ensures fair wages and working conditions for all.
Challenges & Issues in Implementation
❌ Bonded Labour Still Exists – Many poor workers, especially in agriculture and brick kilns, are still forced into bonded labor.
❌ Human Trafficking Continues – Women and children are still trafficked for prostitution, domestic work, and child labor.
❌ Lack of Effective Law Enforcement – Laws exist, but implementation is weak due to corruption and lack of awareness.
❌ Unpaid & Exploitative Labor in Informal Sectors – Many domestic workers, construction laborers, and daily wage earners face wage exploitation.
Government Laws & Policies to Enforce Article 23
🏛️ Bonded Labour System (Abolition) Act, 1976 – Abolishes bonded labor and punishes violators.
🏛️ Immoral Traffic (Prevention) Act, 1956 – Targets human trafficking and prostitution rackets.
🏛️ Child Labour (Prohibition and Regulation) Act, 1986 – Bans child labor in hazardous industries.
🏛️ Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), 2005 – Provides 100 days of paid work to rural laborers to prevent exploitation.
Conclusion
Article 23 is a powerful safeguard against human exploitation, forced labor, and human trafficking. While laws exist to protect workers, stronger enforcement, awareness campaigns, and rehabilitation programs are needed to fully implement its provisions. A society free from forced labor is essential for true democracy and equality.
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