Actual Article
Article 23 of the Indian Constitution prohibits traffic in human beings and forced labor. It is a critical component of the Fundamental Rights aimed at ensuring human dignity and preventing exploitation. This article addresses and outlaws practices that infringe on the freedom and dignity of individuals, reflecting India’s commitment to human rights.
Text of Article 23
Article 23(1): Traffic in human beings and begar and other similar forms of forced labor are prohibited and any contravention of this provision shall be an offense punishable in accordance with law.
Article 23(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.
UPSC Notes for Article 23
- Objective: To abolish practices that exploit individuals and infringe upon their fundamental rights to freedom and dignity.
- Key Provisions:
- Prohibition of Human Trafficking: Outlaws the trafficking of individuals for exploitation, including forced labor and sexual slavery.
- Prohibition of Begar: Abolishes the practice of compelling individuals to work without payment, which was prevalent in various forms in traditional societies.
- Compulsory Public Service: Permits the State to require citizens to perform compulsory service for public purposes, provided it does not discriminate on the basis of religion, race, caste, or class.
- Significance: Protects vulnerable sections of society from exploitation and ensures that no person is subjected to inhumane treatment or forced labor.
Important Cases and Commissions Related to Article 23
- People’s Union for Democratic Rights vs. Union of India (1982): The Supreme Court expanded the definition of “forced labor” to include any labor where payment is less than the minimum wage. It highlighted that even if a person consents to work for less than the minimum wage, it still constitutes forced labor.
- Bandhua Mukti Morcha vs. Union of India (1984): This landmark case dealt with the issue of bonded labor. The Supreme Court issued directives for the identification, release, and rehabilitation of bonded laborers, emphasizing the State’s duty to eradicate bonded labor under Article 23.
- Neeraja Chaudhary vs. State of Madhya Pradesh (1984): The Supreme Court reiterated that non-implementation of laws regarding the prohibition of bonded labor amounts to a violation of Article 23.
Important Reports Related to Article 23
- National Human Rights Commission (NHRC) Reports: Regularly address issues of human trafficking and bonded labor, providing recommendations for better enforcement of Article 23.
- Report on Conditions of Work and Promotion of Livelihoods in the Unorganized Sector (2007): Highlighted the prevalence of forced labor in unorganized sectors and recommended measures to improve labor conditions and enforcement of labor laws.
- Annual Reports of the Ministry of Labor and Employment: These reports often discuss the enforcement of laws related to bonded labor and trafficking, reflecting on the progress and challenges in implementing Article 23.
Previous Year Prelims Questions Related to Article 23
- Prelims 2019:
- Which of the following practices are prohibited under Article 23 of the Indian Constitution?
- Traffic in human beings
- Begar (forced labor)
- Employment of children below the age of 14 in hazardous industries
- (a) 1 and 2 only
- (b) 1 and 3 only
- (c) 2 and 3 only
- (d) 1, 2, and 3
- Answer: (a) 1 and 2 only
- Prelims 2016:
- Consider the following statements:
- Article 23 prohibits traffic in human beings and forced labor.
- The State can impose compulsory service for public purposes under certain conditions.
- Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
- Answer: (c) Both 1 and 2
Previous Year Mains Questions Related to Article 23
- Mains 2017:
- Discuss the significance of Article 23 in the context of contemporary issues of human trafficking and forced labor in India. How effective have legal and policy measures been in addressing these issues?
- Mains 2015:
- Evaluate the impact of judicial interventions in the implementation of Article 23 of the Indian Constitution. How have the courts contributed to the eradication of forced labor and human trafficking?
Article 23 is crucial for protecting the fundamental rights of individuals against exploitation. It serves as a safeguard against inhumane practices such as human trafficking and forced labor, ensuring that every person is treated with dignity and respect. Understanding its provisions, along with the related judicial interpretations and legislative measures, is essential for UPSC aspirants preparing for both prelims and mains examinations.