Article 23

Article 23 of the Constitution of India is a significant provision under Part III – Fundamental Rights, aimed at safeguarding human dignity by prohibiting exploitation in the form of human trafficking, begar, and forced labour. It represents India’s constitutional commitment to protecting individuals from practices that reduce them to instruments of servitude. Article 23 embodies both social justice and human rights principles, ensuring that personal liberty and dignity remain inviolable within a democratic society.

Key Provisions and Constitutional Scope

Article 23 contains two principal clauses that collectively ensure protection against exploitative labour and trafficking practices.

• Clause (1): It prohibits traffic in human beings, begar, and other forms of forced labour. Any violation of this clause constitutes an offence punishable by law.
• Clause (2): It permits the State to impose compulsory service for public purposes, such as national defence or disaster relief. However, it prohibits any form of discrimination based on religion, race, caste, or class in imposing such compulsory service.

Thus, while Clause (1) establishes a complete ban on private or exploitative coercion, Clause (2) allows the State to require public service duties under non-discriminatory conditions.

Meaning of Key Terms

To understand the scope of Article 23, it is important to define its key terms:

• Traffic in Human Beings: Refers to the illegal recruitment, transportation, transfer, harbouring, or receipt of persons by coercion, deception, or abuse of power for purposes of exploitation, including prostitution, forced labour, and slavery-like practices.
• Begar: Denotes a system in which individuals are forced to work without payment or compensation, often under threat, coercion, or traditional bondage. Historically, begar was prevalent during feudal times in India, particularly among lower socio-economic classes.
• Forced Labour: Includes any work or service extracted from a person under threat of penalty and without consent. It covers not only physical compulsion but also economic and social coercion that compels individuals to work.

Legislative Framework Supporting Article 23

Article 23 is self-executory, meaning that it can be enforced directly through constitutional remedies. However, its implementation is further supported by several statutory provisions and welfare legislations designed to eliminate exploitation and uphold human dignity.
Prominent laws include:

• The Immoral Traffic (Prevention) Act, 1956: Targets trafficking for prostitution and sexual exploitation.
• The Bonded Labour System (Abolition) Act, 1976: Abolishes bonded labour and frees individuals from all forms of debt-based servitude.
• The Child Labour (Prohibition and Regulation) Act, 1986 (amended 2016): Prohibits the employment of children below 14 years in hazardous occupations.
• The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Protects vulnerable communities from exploitation and coercive labour practices.
• The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018: Aims to strengthen the institutional framework for rescue, rehabilitation, and reintegration of trafficking victims (pending enactment).

These legislative measures together operationalise the principles enshrined in Article 23, ensuring legal and social mechanisms to combat exploitation.

Judicial Interpretation and Landmark Judgments

The judiciary has played a central role in expanding the meaning and scope of Article 23, linking it with the right to life and dignity under Article 21.

• People’s Union for Democratic Rights v. Union of India (1982): The Supreme Court ruled that non-payment of minimum wages amounts to forced labour, even if the workers voluntarily accepted employment initially.
• Bandhua Mukti Morcha v. Union of India (1984): The Court emphasised that the State has a constitutional obligation to identify and release bonded labourers, ensuring their rehabilitation. It reaffirmed that the right to live with dignity is incompatible with exploitative labour conditions.
• Sanjit Roy v. State of Rajasthan (1983): The Court held that paying less than the minimum wage for work done under the guise of relief work constitutes forced labour under Article 23.
• Vishaka v. State of Rajasthan (1997): Though primarily dealing with sexual harassment, the judgment supported the broader spirit of Article 23 by protecting women from workplace exploitation.

These rulings collectively interpret Article 23 as a dynamic instrument ensuring not only the abolition of forced labour but also the protection of fair wages, humane working conditions, and equality of status.

Enforcement and Administrative Mechanisms

The enforcement of Article 23 requires coordinated action by multiple agencies, including law enforcement bodies, labour departments, and social welfare authorities. The Indian government has established special courts and anti-human trafficking units (AHTUs) to deal specifically with offences related to trafficking and bonded labour.
Additionally, the National Human Rights Commission (NHRC) and National Commission for Women (NCW) monitor compliance with constitutional and statutory provisions, while non-governmental organisations (NGOs) such as Bandhua Mukti Morcha and International Justice Mission play crucial roles in identifying victims and facilitating rehabilitation.

Relationship with International Commitments

India’s commitment to Article 23 aligns with various international human rights instruments, reinforcing its position against exploitation:

• United Nations Universal Declaration of Human Rights (UDHR), 1948 – Article 4: Prohibits slavery and servitude in all forms.
• United Nations Convention against Transnational Organized Crime (2000): Includes the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.
• International Labour Organization (ILO) Conventions:
  • Convention No. 29 (Forced Labour Convention, 1930).
  • Convention No. 105 (Abolition of Forced Labour Convention, 1957).

Through these commitments, India participates in the global movement to eradicate modern slavery, human trafficking, and forced labour practices.

State Responsibility and Welfare Measures

The State bears a constitutional obligation to prevent exploitation and rehabilitate victims of trafficking and forced labour. Measures adopted include:

• Implementation of rehabilitation schemes for freed bonded labourers.
• Establishment of protective homes and shelters for victims of trafficking and exploitation.
• Awareness campaigns to educate vulnerable populations about their constitutional rights.
• Skill development and employment schemes for reintegration into society.

Such welfare-oriented initiatives reflect the socio-economic dimension of Article 23, linking it with the broader goal of inclusive development.

Contemporary Challenges and Debates

Despite comprehensive laws, trafficking and forced labour continue to persist in various forms, particularly in informal sectors such as domestic work, construction, agriculture, and brick kilns. Contributing factors include poverty, unemployment, illiteracy, gender inequality, and weak enforcement mechanisms.
Another ongoing debate concerns the interpretation of “compulsory service for public purposes” under Clause (2). While public service in defence or national emergencies is constitutionally permissible, questions arise regarding the inclusion of civic duties such as community service or unpaid internships within its scope. The judiciary maintains that such services must never be exploitative or discriminatory in nature.

Significance

Article 23 is a cornerstone of India’s constitutional morality and human rights framework. It not only abolishes practices reminiscent of slavery and colonial oppression but also affirms the dignity, equality, and autonomy of the individual. By criminalising exploitation and ensuring State accountability, it upholds the foundational vision of justice and liberty embedded in the Preamble.