Article 23 of Indian Constitution: Prohibition of Traffic in Human Beings & Forced Labour

Article 23 of Indian Constitution, which comes under the "Right Against Exploitation," bans human trafficking and all forms of forced labor, including begar and similar practices. It safeguards individuals from exploitation by both the State and private entities. While the State can impose compulsory public service, it cannot do so with discrimination based on religion, race, caste or class. This Article ensures protection of human dignity and equality. Explore other important Constitutional Articles.

Article 23 of Indian Constitution

Prohibition of traffic in human beings and forced labour

1. Traffic in human beings and beggar 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 purpose, 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.

Note: “The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

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Article 23 of Indian Constitution: Historical Context

In the original draft of the Indian Constitution, the provision regarding human trafficking and forced labor was included under Article 17. This draft Article underwent extensive debate in the Constituent Assembly and was adopted on 3rd December 1948. Several amendments and viewpoints were discussed before finalizing its language.

Kazi Syed Karimuddin highlighted that slavery and involuntary servitude should have no place within the Union and explained that exceptions like prison labor would not fall under its prohibition. Professor K.T. Shah of Bihar suggested adding the terms ‘beggar and traffic in human beings’ to acknowledge certain exploitative practices, especially the trafficking of women under the guise of religious customs like the devadasi system.

Sardar Bhopinder Singh Mann from East Punjab proposed an exception allowing compulsory public service, provided fair compensation was given. Shri H.V. Kamath supported this clause but added that such compulsory service must not discriminate on grounds of caste, creed, race, religion, or sex. Giani Gurmukh Singh Musafir further recommended including “prostitution” within the definition of human trafficking to broaden the protection under the Article.

In his concluding remarks, Dr. B.R. Ambedkar opposed the inclusion of the word "devadasis," relying on Srimati G. Durgabai’s point that the practice had already been outlawed in Madras, making the reference unnecessary. He also rejected Sardar Mann’s suggestion regarding compensation for compulsory service, arguing that it was important not to restrict the State’s authority, especially when such service would not prevent citizens from earning their livelihood.

Following this detailed and thoughtful debate, the draft Article 17 was adopted and later renumbered as Article 23, as it stands today.

Article 23 is mentioned under Part III of Indian Constitution deals with the prohibition of trafficking in human beings and forced labour. It prohibits trafficking in human beings, including trafficking for the purpose of forced labour, slavery or exploitation. It acts as a protective shield and plays an important role in upholding human dignity and preventing exploitation in various forms. It also reflects the commitment of the country to ensure that no one is subjected to degrading conditions of work.

Article 23 (1) of the Constitution specifically prohibits trafficking in human beings, begar, and similar forms of forced labour. The violation of this right is considered an offence punishable by law. Whereas Article 23 (2) of the Constitution allows for compulsory services for public purposes such as mandatory military service or social services provided no discrimination is made based on religion, race, caste, class, or any other ground. The following are the in-depth analysis of these clauses of Article 23 of Indian Constitution -

Article 23 (1) of Indian Constitution: Prohibition of Trafficking, Begar and Forced Labour

Article 23 (1) of Indian Constitution states that traffic in human beings and beggars and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

It clearly prohibits following forms of exploitation:

• Human Trafficking which includes the buying and selling of individuals, particularly women and children for purposes such as sexual exploitation, forced labour or organ trade. Human trafficking is treated as a grave and serious violation of human rights and is linked to the social and economic marginalisation of vulnerable groups.
• Begar is defined as involuntary labour without payment. Under this system, individuals were forced to work for landlords, rulers or others without any remuneration. The Coolie-Begar Movement in 1921 practised in the Kumaon region was a significant turning point resulting in the abolition of this practice.
• Forced labour which involves exploitation of one’s labour rather than ownership of the person. It includes practices like bonded labour, child labour, and servitude in the unorganised sectors which are still prevalent in various part of the country.

Article 23 (2) of Indian Constitution: Permissibility of Compulsory Services

Article 23 (2) of Indian Constitution provides that nothing in this article shall prevent the State from imposing compulsory service for public purpose, 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.

It is an exception to the prohibition on forced labour by allowing the state to impose compulsory services for public purposes. It places a restriction by prohibiting any discrimination based on religion, race, caste, class, or any similar distinction. This provision allows for the enforcement of necessary public services such as mandatory military services.

The following legislations were enacted to achieve the objective of Article 23 of Indian Constitution-

The Bonded Labour System (Abolition) Act, 1976

The Bonded Labour System (Abolition) Act was enacted to fulfil the purpose of Article 23 of Indian Constitution. The Act eliminates the practice of bonded labour which results from social or economic exploitation. The Act-

• Abolishes the bonded labour system
• Authorises the authorities to release bonded labourers and provide rehabilitation.
• Imposes penalties on those who force others into bonded labour.

The Immoral Traffic (Prevention) Act, 1956 (ITPA)

The Immoral Traffic (Prevention) Act was implemented to attain the objective of Article 23 of Indian Constitution. The Act aims to combat human trafficking to prevent commercial sexual exploitation. The Act-

• Punishes trafficking in women and children for prostitution.
• Prohibits running brothels
• Provides for the rescue and rehabilitation of victims of trafficking.
• Establishes special courts to expedite cases related to trafficking.

The Child Labour (Prohibition and Regulation) Act, 1986

The Child Labour Act prohibits the employment of children in hazardous occupations and regulates the conditions of work in other non-hazardous industries. This Act was also enacted to fulfil the aim of Article 23 of Indian Constitution. The Act -

• Prohibits the employment of children in specified hazardous industries.
• Regulates working hours, conditions of employment, and facilities for children in non-hazardous jobs.
• Imposes penalties on employers who infringes the provisions of the act
• The Child Labour (Prohibition and Regulation) Amendment Act, 2016 has further provided strict regulations by banning the employment of children in all occupations with certain exceptions.

The Minimum Wages Act, 1948

The Act was enacted with an objective that no worker is forced to work for less than a fair wage. This Act establishes minimum wages for workers in various industries. The Act-

• Provides for the fixation of minimum wages for different sectors to make sure that workers are not exploited through unfair compensation.
• Imposes penalties on employers who pay wages below the prescribed minimum rates.

The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979

The Act seeks to protect migrant workers from exploitation by ensuring fair wages and proper working conditions. The Act-

• Regulates the employment of migrant workers and provides for their welfare.
• Mandates that contractors provide suitable housing, medical facilities, and other necessary amenities to migrant workers.
• Ensures that migrant workers are paid wages comparable to those of local workers and prohibits exploitation based on their vulnerability as migrants.

The Trafficking of Persons (Prevention, Protection and Rehabilitation), 2018

The Act aims to consolidate the existing laws on human trafficking i.e., Article 23 of Indian Constitution to strengthen the legal framework and provide a comprehensive mechanism to prevent trafficking and ensure rehabilitation of victims. The Act -

• Establishment of a National Anti-Trafficking Bureau for the prevention, investigation and prosecution of trafficking cases.
• Implementation of a rehabilitation fund to provide victims with immediate relief, including medical care, psychological support and legal aid.
• Expands the scope of punishable trafficking offences to include sex trafficking, forced labour, organ trade and other exploitative practices.

Article 23 of Indian Constitution plays an important role in shaping a just and equitable society by protecting individuals especially the vulnerable, from exploitation and upholding their fundamental human rights. Post-independence with widening socio-economic gaps Article 23 has become an important safeguard for the poor and marginalized. The following are some important implications of Article 23:

• Promotion of an Egalitarian Society: It prohibits human trafficking and forced labor, holding the State accountable for identifying and eliminating such practices. It fosters fair labor standards and equal treatment in the workforce.
• Protection of Human Rights: By outlawing exploitative practices, Article 23 of Indian Constitution ensures every person right to dignity, livelihood and freedom from abuse and oppression.
• Safeguarding the Vulnerable: It offers constitutional protection to women, children and marginalized communities who are most vulnerable to exploitation. It aims to empower them and bridge social inequalities.
• Ban on Human Trafficking and Forced Labor: The Article 23 expressly forbids bonded labor, begar and other forms of coercion.

Article 23 of Indian Constitution Judicial Pronouncements

The judiciary has played an important role in interpreting and enforcing Article 23 of Indian Constitution. The following are some of the important cases which reflect the significance of Article 23 -

Chandra v. State of Rajasthan (1959)

In this case, the Sarpanch of the village ordered every household to send one man along with a spade and an iron pan to render free service for the embankment of the village tank. The Rajasthan High Court in this case held the order of the Sarpanch in violation of Article 23 of Indian Constitution.

Peoples Union for Democratic Rights v. Union of India (1982) (Also known as “Asiad Workers Case”)

In this case, an organisation investigated the working conditions of labourers employed for the Asian Games (Asiad) projects and found infringement of labour laws including underpayment. The Supreme Court in this case interpreted the term “force” in Article 23 of Indian Constitution broadly, including physical force, legal coercion, and economic factors that compel individuals to work for less than minimum wages. The Court emphasised that all forms of forced labour, whether remunerated or not, are prohibited.

Sanjit Roy v. State of Rajasthan (1983)

The state employed a large number of workers for the construction of a road to provide them relief from drought and scarcity conditions prevailing in their area. Their employment falls within the purview of the Rajasthan Famine Relief Works Employees (Exemption from Labour Laws) Act, 1964. The people employed for the work were underpaid. The Court held that the Rajasthan Famine Relief Works Employees (Exemption from Labour Laws) Act, 1964 is constitutionally invalid as to the exclusion of the Minimum Wages Act.

Deena @ Deena Dayal Etc. v. Union of India & Others (1983)

In this case, it was held that if a prisoner is forced to do labour without any remuneration, it amounts to forced labour and in contravention of Article 23 of Indian Constitution.

Bandhua Mukti Morcha v. Union of India (1984)

In this case, the Court laid down guidelines for determination of bonded labourers and also provided that it is the duty of the state government to identify, release and rehabilitate the bonded labourers.

Dulal Samanta v. D.M., Howrah (1958)

In this case, the petitioner was served with a notice appointing him as a special police officer for a period of three months. He argued that this resulted in violation of his fundamental right and it amounted to forced labour. The Court rejected his appeal and held that conscription for services of police cannot be considered as either-

(i) beggar

(ii) traffic in human beings

(iii) any similar form of forced labour

Hence, the notice given for the appointment of a person as a special police officer is not in contravention to Article 23 of Indian Constitution.

Devendra Nath Gupta v. State of Madhya Pradesh (1983)

The Madhya Pradesh High Court in this case held that the service required to be rendered by the teachers towards educational survey, family planning, preparation of voters list, general elections, etc. were for public purpose. Therefore, if no compensation was paid it did not violate Article 23 of Indian Constitution.

Article 23 of Indian Constitution and Strategies to Eradicate Exploitative Practices

Despite various government initiatives issues like human trafficking and forced labor continue to persist. Elimination of these deep rooted social evils requires collective effort from both the government and public. The following approaches can help in addressing and ultimately abolishing such practices:

• Effective Law Enforcement
  Laws alone cannot bring change unless they are implemented properly. Challenges like language barriers, cultural traditions and corruption hinder enforcement. The government must consider these hindrances to ensure the effective eradication of forced labor and trafficking.
• Raising Public Awareness
  Educating people about the consequences of exploitative practices is important. Public campaigns, media engagement, reports and outreach programs can change perceptions and rally support against such evils.
• State-People Collaboration
  The State enacts laws, public participation is important for successful implementation. A united effort between citizens and authorities is essential to tackle issues.
• Stringent Punishments
  Strict legal consequences act as a strong deterrent. Enforcement of serious penalties for offenders can instill fear and discourage exploitation and thus, protecting vulnerable individuals.

Conclusion

Human trafficking, forced labour and child labour remain pervasive especially among vulnerable sections of the society. Article 23 of Indian Constitution guarantees the right against exploitation has led to the enactment of several laws aimed at eradicating these practices.