Article 23: Constitution of India 

Article 23: Constitution of India 

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Article 23: Prohibition of Traffic in Human Beings and Forced Labour

⚖️ Bare Act Text

(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.

📜 Footnotes

1. Article 23 is part of Fundamental Rights (Part III) and is enforceable against both State and private individuals.
2. The term “begar” refers to forced labour without payment.
3. Strengthened through legislations like the Bonded Labour System (Abolition) Act.
4. Also supported by provisions under the **Indian Penal Code relating to trafficking and forced labour.

🧾 Simple Explanation

Article 23 prohibits:

• Human trafficking (buying/selling of persons)
• Forced labour (begar)
• Any work taken without consent or proper payment

It ensures that:

• Every person has the freedom to work voluntarily
• No one can be exploited economically or physically

📌 Key Features

• Applies to citizens and non-citizens
• Enforceable against private individuals as well as the State
• Covers both physical and economic exploitation
• Allows compulsory service for public purposes (like national service), but without discrimination

⚖️ Important Case Laws

1. People’s Union for Democratic Rights v. Union of India

• Held that paying less than minimum wage amounts to forced labour

2. Bandhua Mukti Morcha v. Union of India

• Recognized rights of bonded labourers
• Directed government to take active steps to abolish bonded labour

3. Sanjit Roy v. State of Rajasthan

• Payment below minimum wage even in public works = violation of Article 23

🧠 Illustrations

• Forcing a person to work without wages → ❌ Violation
• Paying less than minimum wage → ❌ Violation
• Human trafficking for labour or prostitution → ❌ Violation
• Mandatory national service without discrimination → ✔️ Valid

📚 Practical Notes

• Article 23 is a fundamental safeguard against exploitation
• Covers modern forms of exploitation (like labour trafficking)
• Important overlap with labour laws and human rights law
• Frequently asked in UPSC, Judiciary, CLAT
• One of the few rights enforceable against private individuals

❓ FAQs

Q. Does Article 23 apply to private employers?
✔️ Yes — it applies against both State and private persons

Q. Is all compulsory work illegal?
❌ No — public service (like military or social service) is allowed

Q. Is underpayment considered forced labour?
✔️ Yes, if below minimum wage

Q. Does it apply to foreigners?
✔️ Yes — applies to all persons

💬 Comments / Legal Insight

Article 23 plays a crucial role in ensuring human dignity and social justice.
The judiciary has expanded its scope to include economic exploitation, making it a powerful tool against unfair labour practices.

It reflects India’s commitment to:

• Abolishing exploitation
• Promoting fair working conditions
• Protecting vulnerable sections of society

Article 23: Constitution of India 

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