Article 23 of the Indian Constitution is a fundamental right that prohibits human trafficking, forced labour, and begar (unpaid compulsory work). It protects individuals from exploitation, ensuring human dignity and freedom.
Text of Article 23 (Simplified)
Article 23(1):
Traffic in human beings, begar, and other similar forms of forced labour are prohibited, and any contravention of this provision is an offence punishable by law.
Article 23(2):
This article does not prevent the state from imposing compulsory service for public purposes, but such service must not discriminate based on religion, race, caste, or class.
Key Terms in Article 23
1. Human Trafficking
- Buying, selling, or transporting human beings (especially women and children) for sexual exploitation, slavery, or other illegal purposes.
2. Begar
- A practice where people are forced to work without wages, usually under coercion.
3. Forced Labour
- Any work or service done under threat, compulsion, or without fair compensation.
Why Article 23 is Important
- Protects basic human rights
- Upholds dignity of labour
- Ensures freedom from exploitation
- Particularly important for vulnerable groups: women, children, Dalits, bonded labourers, etc.
Related Laws and Acts
- Bonded Labour System (Abolition) Act, 1976
- Prohibits bonded labour and punishes those who exploit others through debt-based forced labour.
- Immoral Traffic (Prevention) Act, 1956 (PITA)
- Targets trafficking for prostitution and commercial sexual exploitation.
- Child Labour (Prohibition and Regulation) Act, 1986
- Prohibits employment of children in hazardous occupations.
- Indian Penal Code (IPC), Sections 370–374
- Criminalizes human trafficking, slavery, and forced labour.
Landmark Judgments
People’s Union for Democratic Rights v. Union of India (1982)
- Supreme Court held that non-payment of minimum wages amounts to forced labour, and thus violates Article 23.
Bachpan Bachao Andolan v. Union of India
- Emphasized the state’s duty to rescue and rehabilitate victims of child trafficking and bonded labour.
Current Relevance of Article 23
Even today, issues like:
- Human trafficking
- Bonded labour in brick kilns, agriculture
- Exploitation of domestic workers
- Child labour
continue to exist. Article 23 provides a legal foundation for fighting these practices and ensuring justice.
Conclusion
Article 23 of the Indian Constitution plays a critical role in protecting people—especially women, children, and the poor—from exploitation and inhuman treatment. It is a reminder that freedom and dignity are non-negotiable rights in a democratic society. Through legal enforcement and public awareness, Article 23 continues to safeguard India’s constitutional values.
