Constitutional Provision
Article 23(1) provides:
“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.”
It forms part of Part III (Fundamental Rights) under the Right Against Exploitation.
Key Elements
Prohibition of Human Trafficking
- Bans trafficking in persons for exploitation.
- Covers practices such as buying and selling of human beings, including for prostitution, slavery, or bonded labour.
Prohibition of Begar
- Begar refers to forced labour without payment.
- Historically prevalent in feudal and colonial systems.
- Article 23(1) abolishes such practices in all forms.
Other Forms of Forced Labour
- Includes labour extracted under coercion, threat, or compulsion.
- The Supreme Court has interpreted forced labour to include situations where a person is compelled to work for less than the minimum wage.
Scope and Applicability
- Applies to both citizens and non-citizens.
- Enforceable against both the State and private individuals.
- Broad in scope and includes economic compulsion.
Judicial Interpretation
In People’s Union for Democratic Rights v. Union of India (1982), the Supreme Court held that:
- Payment below minimum wage amounts to forced labour.
- Economic necessity can amount to compulsion under Article 23.
In Bandhua Mukti Morcha v. Union of India (1984), the Court expanded protections against bonded labour.
Exceptions
Article 23(2) permits compulsory service for public purposes, provided:
- It is not discriminatory on grounds of religion, race, caste, or class.
- It is imposed uniformly for public interest, such as national service.
Related Legislations
- Bonded Labour System (Abolition) Act, 1976
- Immoral Traffic (Prevention) Act, 1956
- Child Labour (Prohibition and Regulation) Act, 1986
Significance
- Protects human dignity and individual liberty.
- Promotes social justice and equality.
- Reflects India’s commitment to eliminating exploitation and modern forms of slavery.
Conclusion
Article 23(1) is a vital safeguard against exploitation, prohibiting human trafficking, begar, and all forms of forced labour. Through expansive judicial interpretation, it has evolved into a powerful instrument for protecting vulnerable populations and upholding constitutional values of dignity and equality.
