Article 23 of the Indian Constitution is a crucial fundamental right enshrined in Part III, dealing with the Right against Exploitation. It directly addresses and prohibits pernicious practices like human trafficking and forced labour, which are affronts to human dignity and freedom.
This article aims to protect individuals from being exploited by the state or by private citizens through various forms of coercion and forced service, thereby upholding the principles of equality and liberty inherent in the Constitution.
Original 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.
Detailed Explanation
Article 23 is a powerful provision that directly prohibits two major forms of exploitation: traffic in human beings and forced labour (including begar).
Article 23(1) lays down the absolute prohibition.
- Traffic in human beings: This term is interpreted broadly to include selling and buying of men, women, and children like goods; immoral traffic in women and children (prostitution); slavery; and other forms of dealing with human beings as commodities. It targets the trade aspect of human exploitation.
- Begar: This traditionally refers to involuntary labour without payment.
- Other similar forms of forced labour: This phrase expands the scope beyond begar. The Supreme Court has interpreted “forced labour” to mean compelling a person to work against his will, even if some remuneration is paid, provided the remuneration is less than the minimum wage or is not paid at all, and the work is extracted by force, compulsion, or circumstances that leave no choice to the person. This includes debt bondage, bonded labour, and any labour extracted under duress or compulsion. The core idea is labour extracted without free consent, whether paid or unpaid, and regardless of how the force or compulsion is applied (physical, legal, economic circumstances, etc.).
Any contravention of this prohibition is explicitly made an offence punishable in accordance with law, giving the state the power and duty to enact legislation to enforce this right.
Article 23(2) provides a specific exception to the prohibition of forced labour.
- It allows the State to impose compulsory service for public purposes. This means the State can require citizens to perform certain services (e.g., military service, social service during emergencies like floods or epidemics) even if it is involuntary.
- However, this power is not unfettered. When imposing such compulsory service, the State is strictly prohibited from making any discrimination based only on grounds of religion, race, caste, or class. This ensures that such compulsory service is applied equitably across different sections of society.
This Article is significant because it prohibits these practices not just by the State but also by private individuals. It is a right available against both the State and private persons, unlike many other fundamental rights which are primarily available against the State.
Judicial pronouncements have played a vital role in interpreting and expanding the scope of “forced labour,” ensuring that minimum wages are paid, and recognizing the duty of the State to abolish bonded labour and protect vulnerable sections. Key cases like People’s Union for Democratic Rights v. Union of India (Asiad Workers case) and Sanjit Roy v. State of Rajasthan established that labour paid below the minimum wage amounts to forced labour under Article 23. The Bandhua Mukti Morcha v. Union of India case led to significant directions for the identification, release, and rehabilitation of bonded labourers.
Detailed Notes
- Part III of the Constitution: Article 23 is part of the Fundamental Rights (Right against Exploitation).
- Prohibition: Article 23(1) prohibits:
- Traffic in human beings.
- Begar (forced labour without payment).
- Other similar forms of forced labour (labour extracted under compulsion, even with payment, if below minimum wage or under duress).
- Scope of Prohibition: The prohibition applies against:
- The State.
- Private citizens.
- This makes it a fundamental right available against both state action and private action.
- “Traffic in human beings” includes:
- Selling and buying persons (slavery).
- Immoral traffic (e.g., prostitution).
- Dealing with persons as commodities.
- “Forced labour” includes:
- Begar (labour without payment).
- Bonded labour (labour to repay a debt).
- Labour extracted under physical, legal, or economic compulsion/duress.
- Labour where minimum wage is not paid (as per judicial interpretation).
- Punishability: Contravention of the prohibition is an offence punishable by law. Parliament has enacted laws like the Suppression of Immoral Traffic in Women and Girls Act, 1956 (now Immoral Traffic (Prevention) Act, 1956) and the Bonded Labour System (Abolition) Act, 1976 to enforce this article.
- Exception: Article 23(2) allows the State to impose compulsory service for public purposes.
- Conditions for Exception:
- The service must be for public purposes.
- The State cannot discriminate only on grounds of religion, race, caste, or class when imposing such service. Other grounds for discrimination (e.g., age, physical fitness, professional qualification) might be permissible if relevant to the service.
- Judicial Interpretation:
- The term “forced labour” is broadly interpreted to cover all forms of involuntary labour, especially when payment is below minimum wage or non-existent.
- Economic circumstances compelling a person to work can also amount to “force”.
- The State has a positive obligation to take steps to abolish bonded labour and ensure payment of minimum wages.
Additional Comments
- Article 23 is one of the most significant provisions for protecting the dignity and basic rights of vulnerable sections of society, especially the poor and marginalized.
- It is a direct constitutional backing for laws against human trafficking, bonded labour, and inadequate wage payment in certain contexts.
- The judicial interpretations of Article 23 have significantly expanded its reach, linking it to the right to live with human dignity under Article 21.
- The provision against discrimination in compulsory public service ensures equitable civic duty without social bias.
Summary
Article 23 of the Indian Constitution prohibits traffic in human beings, begar, and all other forms of forced labour, making their contravention a punishable offence. This prohibition applies against both the State and private individuals. An exception permits the State to impose compulsory service for public purposes, provided it does not discriminate solely on grounds of religion, race, caste, or class. The article serves as a vital guarantee against exploitation and upholds human dignity, with judicial interpretations broadening the scope of “forced labour” to include work extracted under duress or for less than minimum wage.