CONSTITUTION OF INDIAArticle 23
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23. Prohibition of traffic in human beings and forced labour.—(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.
Exam note: Article 23 is one of the few Fundamental Rights enforceable against private individuals, not just the State — and courts have read ‘forced labour’ to include paying less than minimum wage.
Article 23 bans human trafficking and forced labour outright. Like Article 17, it binds private citizens directly, and courts have stretched ‘force’ to cover more than physical compulsion.
Must Know
What Article 23 Bans
- TraffickingBuying and selling human beings, including slavery and immoral traffic in women and children, is prohibited..
- Begar and forced labour‘Begar’ — involuntary work without payment — and similar forms of forced labour are banned in any form..
- An offenceAny violation is a punishable offence, and this right binds private individuals, not only the State..
- Who it coversArticle 23 protects citizens and non-citizens alike, unlike Articles 15, 16, and 19..
23(2): The Compulsory Service Exception
- What it allowsThe State can impose compulsory service for public purposes, such as military conscription or a public health duty..
- The conditionSuch compulsory service cannot discriminate on grounds only of religion, race, caste, or class..
- So whatArticle 23 does not ban all compulsion by the State — only forced labour that benefits a private party, or that discriminates..
Good to Know
What ‘Force’ Actually Means
- Not just physicalCourts have held that ‘force’ under Article 23 includes economic compulsion, not only physical coercion..
- PUDR v. Union of India, 1982The Supreme Court held that paying a worker less than the minimum wage amounts to forced labour, since poverty leaves them no real choice..
- The Asiad workers caseThe case arose from labour violations during 1982 Asian Games construction in Delhi, including underpayment and child labour..
- So what‘Forced labour’ under Article 23 is broader than it sounds — it reaches ordinary wage exploitation, not just slavery..
✅ Test Yourself
Work through practice questions on Article 23 and forced labour, then keep practising with a random Indian Polity question.
Great to Know
The Enabling Laws
- Immoral Traffic (Prevention) Act, 1956Targets trafficking and commercial sexual exploitation, giving Article 23’s trafficking ban statutory teeth..
- Bonded Labour System (Abolition) Act, 1976Abolishes bonded labour outright and provides for the rehabilitation of freed bonded labourers..
- So whatAs with Article 17, Article 23 states the constitutional ban; separate statutes supply the actual criminal machinery..
Forced Labour and Article 21
- The linkPUDR v. Union of India tied forced labour and bonded labour to the right to live with dignity under Article 21..
- Why it mattersThis let the Court treat labour-rights violations as a Fundamental Rights issue, not just a matter of ordinary labour law..
- So whatArticle 23 and Article 21 are often read together in cases involving exploited or bonded workers..
PYQ / Exam Angle
Does Article 23 Bind Private Individuals?
- QuestionExams ask whether Article 23 can be enforced against a private employer, not just the government..
- AnswerYes — Article 23, like Article 17, is one of the rare Fundamental Rights enforceable against private persons directly..
- TrapOptions claiming it applies only to State action are wrong..
Current Affairs / So What
Human Trafficking Still a Live Concern
- DevelopmentNational Crime Records Bureau data continues to record human trafficking cases each year, despite Article 23 and the 1956 Act..
- Why it mattersIt shows the gap between the constitutional ban and its enforcement in practice remains a real policy concern..
- So whatCurrent-affairs questions on trafficking or bonded labour statistics connect back to Article 23..
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