Article 23 – Prohibition of Traffic in Human Beings and Forced Labour

Article 23 of the Constitution of India protects individuals from human trafficking, forced labour and other forms of exploitation. It prohibits these practices and makes them punishable in accordance with law.

The provision reflects the constitutional commitment to human dignity and seeks to prevent exploitation of individuals, particularly where poverty, social disadvantage or unequal bargaining power is used to compel a person to work or provide services.

Article 23 is part of the Right Against Exploitation under Part III of the Constitution.

Constitutional Provision

Article 23(1) provides that:

“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.”

Article 23(2) further provides that:

“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.”

The Article therefore contains both a prohibition and a limited constitutional exception.

Position of Article 23 in the Constitution

Article 23 forms part of Part III – Fundamental Rights.

It is included under the constitutional provisions dealing with the Right Against Exploitation.

The Right Against Exploitation primarily consists of:

• Article 23 – Prohibition of trafficking, begar and forced labour
• Article 24 – Prohibition of employment of children in certain hazardous occupations

These provisions seek to protect individuals from exploitative practices and preserve human dignity.

Who Is Protected by Article 23?

Article 23 uses the expression “traffic in human beings” and does not restrict its protection to citizens.

The protection is therefore available to all persons, including citizens and non-citizens.

This is significant because some Fundamental Rights are specifically available only to citizens, whereas Article 23 protects persons generally.

Traffic in Human Beings

The expression traffic in human beings refers broadly to the exploitation and trading of persons.

It includes practices involving the buying, selling or exploitation of human beings for purposes prohibited by law.

Modern forms of trafficking may involve:

• Sexual exploitation
• Forced labour
• Slavery-like practices
• Exploitative domestic work
• Trafficking of children
• Other forms of organised exploitation

Article 23 provides the constitutional foundation for protection against such practices.

Human Trafficking and Exploitation

Human trafficking is not limited to the physical movement of a person from one place to another.

The central concern is exploitation of human beings through coercion, deception, abuse of vulnerability or other unlawful means.

The statutory framework dealing with trafficking and exploitation operates alongside Article 23.

Begar

The term begar refers to a form of forced labour in which a person is compelled to work without receiving payment.

Historically, begar involved requiring individuals to perform labour or services without remuneration.

Article 23 expressly prohibits begar.

The constitutional prohibition reflects the principle that a person cannot be compelled to provide labour merely because another person or authority exercises social or economic power over them.

Forced Labour

Forced labour is broader than begar.

It involves compelling a person to provide labour or services against their will.

Force does not necessarily mean physical violence.

Economic circumstances, social pressure, coercion and other forms of compulsion may also result in forced labour.

This broader interpretation is important because exploitation can occur even when there is no direct physical force.

People’s Union for Democratic Rights v. Union of India

In People’s Union for Democratic Rights v. Union of India, commonly known as the Asiad Workers’ case, the Supreme Court gave Article 23 a broad interpretation.

The case concerned workers engaged in construction activities connected with the 1982 Asian Games in Delhi.

The Court considered whether workers receiving wages below the statutory minimum wage could be regarded as victims of forced labour.

The Supreme Court held that payment below the minimum wage can amount to forced labour within the meaning of Article 23, particularly where economic circumstances effectively compel a person to provide labour for inadequate compensation.

The judgment is one of the most important decisions for understanding the scope of forced labour under Article 23.

Economic Compulsion and Forced Labour

The interpretation in People’s Union for Democratic Rights is important because forced labour is not confined to situations involving physical force.

A person’s economic vulnerability may be relevant in determining whether labour is genuinely voluntary.

Where a person is compelled by circumstances to provide labour for less than the legally prescribed minimum wage, the constitutional prohibition may be attracted.

This interpretation gives Article 23 practical protection against economic exploitation.

Sanjit Roy v. State of Rajasthan

In Sanjit Roy v. State of Rajasthan, the Supreme Court considered the payment of wages to workers employed on famine relief projects.

The Court held that workers engaged in such projects could not be paid less than the minimum wage merely because the work was undertaken as part of a relief programme.

The judgment reinforced the principle that the constitutional prohibition against forced labour applies even where labour is obtained through government programmes.

Bandhua Mukti Morcha v. Union of India

In Bandhua Mukti Morcha v. Union of India, the Supreme Court addressed the issue of bonded labour.

The case concerned workers subjected to exploitative conditions and bonded labour practices.

The Court emphasised the constitutional obligation to identify, release and rehabilitate bonded labourers.

The judgment is important for understanding the relationship between Article 23, human dignity, bonded labour and socio-economic justice.

Bonded Labour

Bonded labour occurs when a person is compelled to work because of a debt, advance or other obligation, often under exploitative conditions.

The system can involve:

• Debt-based compulsion
• Very low or no wages
• Restrictions on freedom to leave employment
• Inter-generational exploitation
• Social and economic coercion

Bonded labour is prohibited by Article 23 and is also addressed through legislation, particularly the Bonded Labour System (Abolition) Act, 1976.

Minimum Wages and Article 23

The constitutional protection against forced labour has an important relationship with minimum wage laws.

Where workers are legally entitled to a minimum wage but are compelled to work for less than that amount, the constitutional prohibition under Article 23 may become relevant.

This principle is particularly important for workers in vulnerable economic circumstances.

Article 23 and Public Employment

Article 23 applies to State action as well as exploitative practices by private individuals.

The prohibition is therefore not limited to forced labour imposed by government authorities.

Private employers and other individuals can also engage in conduct that violates Article 23.

Article 23 Has Horizontal Application

Many Fundamental Rights primarily operate against State action.

Article 23 is different in an important respect.

Its language is broad enough to prohibit exploitation by both the State and private individuals.

Therefore, a private person cannot justify trafficking or forced labour simply by arguing that the conduct is not directly attributable to the government.

This makes Article 23 an important example of a Fundamental Right with significant application to private conduct.

Article 23 and Compulsory Service

Article 23(2) allows the State to impose compulsory service for public purposes.

This is an exception to the general prohibition.

However, the State cannot discriminate in imposing such compulsory service solely on the grounds of:

• Religion
• Race
• Caste
• Class

The provision therefore permits compulsory public service in appropriate circumstances while restricting discriminatory implementation.

Compulsory Service for Public Purposes

Compulsory service under Article 23(2) must be distinguished from forced labour prohibited under Article 23(1).

The Constitution recognises that certain public purposes may justify compulsory service.

Examples may arise in circumstances involving legitimate public obligations imposed by law.

The service must not, however, be used as a means of exploitation or discriminatory treatment.

Article 23 and National Service

Article 23 does not prevent the State from imposing legitimate forms of compulsory public service.

The constitutional permission is subject to the requirements of Article 23(2) and other constitutional protections.

The key distinction is between legitimate compulsory public service and exploitative forced labour.

Article 23 and Human Dignity

Article 23 is closely connected with the constitutional value of human dignity.

Trafficking and forced labour treat individuals as objects of economic or social exploitation rather than as persons with constitutional rights.

The prohibition therefore protects both individual liberty and the broader constitutional commitment to dignified human existence.

Article 23 and Article 21

Article 21 protects the right to life and personal liberty.

Article 23 protects individuals against trafficking and forced labour.

The two provisions complement one another.

Forced labour and trafficking can directly undermine a person’s dignity, liberty and ability to live a meaningful life.

The development of Article 21 jurisprudence concerning dignity therefore provides important constitutional context for understanding Article 23.

Article 23 and Article 24

Article 23 and Article 24 both form part of the Right Against Exploitation.

However, they deal with different forms of exploitation.

Basis	Article 23	Article 24
Subject	Trafficking, begar and forced labour	Child labour in specified hazardous employment
Persons Protected	All persons	Children below fourteen years
Nature	Prohibits exploitation and forced labour	Prohibits employment of children in factories, mines and hazardous occupations
Purpose	Protects against trafficking and forced labour	Protects children from hazardous labour

Article 23 and Article 14

Article 14 guarantees equality before law and equal protection of laws.

Article 23 specifically prohibits exploitative practices such as trafficking and forced labour.

Both provisions contribute to the constitutional objective of preventing arbitrary and discriminatory treatment.

Article 23(2) itself expressly prohibits discrimination on certain grounds when compulsory service is imposed for public purposes.

Article 23 and Article 15

Article 15 prohibits discrimination on specified grounds, including religion, race, caste, sex and place of birth.

Article 23 deals specifically with exploitation through trafficking and forced labour.

The provisions may overlap where exploitation is connected with discriminatory social practices, but they protect different constitutional interests.

Article 23 and Article 39

Article 39 of the Directive Principles directs the State towards protecting workers and children from abuse and ensuring that economic conditions do not result in exploitation.

Article 23 provides a directly enforceable Fundamental Right against trafficking and forced labour.

The two provisions therefore complement one another within the constitutional framework.

Statutory Laws Supporting Article 23

Article 23 is supported by several laws addressing exploitation and trafficking.

Important legislation includes:

Bonded Labour System (Abolition) Act, 1976

The Act abolishes the bonded labour system and provides measures for the release and rehabilitation of bonded labourers.

Immoral Traffic (Prevention) Act, 1956

The legislation addresses certain forms of trafficking and exploitation associated with commercial sexual exploitation.

Child and Adolescent Labour (Prohibition and Regulation) Act, 1986

The legislation regulates and prohibits child and adolescent labour in specified circumstances and supports the broader constitutional protection against exploitation.

Other criminal and labour laws may also apply depending upon the nature of the exploitation.

Important Cases on Article 23

Case	Principle / Significance
People’s Union for Democratic Rights v. Union of India	Forced labour can include labour obtained through economic compulsion; payment below minimum wage may attract Article 23
Sanjit Roy v. State of Rajasthan	Government relief workers cannot be paid below the minimum wage in a manner violating Article 23
Bandhua Mukti Morcha v. Union of India	Protection and rehabilitation of bonded labourers; Article 23 and human dignity
Deena v. Union of India	Considered forced labour and constitutional protection in the context of prison labour

Important Features of Article 23

1. It Is a Fundamental Right

Article 23 is part of Part III of the Constitution.

2. It Protects All Persons

The protection is not limited to Indian citizens.

3. It Prohibits Human Trafficking

Traffic in human beings is constitutionally prohibited.

4. It Prohibits Begar

Compelling a person to work without payment is prohibited.

5. It Prohibits Forced Labour

The prohibition extends beyond physical force and can include economic compulsion.

6. It Can Apply Against Private Individuals

Article 23 is not limited to State action.

7. It Permits Limited Compulsory Public Service

Article 23(2) permits compulsory service for public purposes, subject to the constitutional prohibition against discrimination on specified grounds.

8. It Protects Human Dignity

The provision is an important constitutional safeguard against exploitation and degrading treatment.

Common Confusions

Confusion 1: Article 23 Applies Only to Government Authorities

No.

Article 23 can operate against both the State and private individuals.

Confusion 2: Forced Labour Means Only Physical Force

No.

The Supreme Court has interpreted forced labour broadly. Economic circumstances and other forms of compulsion can also be relevant.

Confusion 3: Unpaid Labour Is Always the Only Form of Forced Labour

No.

Forced labour can exist even where some payment is made, particularly where labour is extracted under circumstances amounting to unlawful compulsion.

Confusion 4: Payment Below Minimum Wage Is Merely a Labour Law Violation

Not necessarily.

The Supreme Court has held that, in appropriate circumstances, compelling a person to work for less than the legally prescribed minimum wage can amount to forced labour under Article 23.

Confusion 5: Article 23 Prohibits Every Form of Compulsory Service

No.

Article 23(2) expressly permits the State to impose compulsory service for public purposes, subject to the constitutional limitation against discrimination on specified grounds.

Confusion 6: Begar and Forced Labour Are Exactly the Same

They are closely related but not identical expressions.

Begar traditionally refers to compelled labour without payment, while forced labour has a broader meaning.

Confusion 7: Article 23 Protects Only Workers

No.

The protection extends to all persons against the forms of exploitation prohibited by the Article.

Exam Relevance

Article 23 is important for:

• Constitutional Law examinations
• Judiciary examinations
• CLAT and law entrance examinations
• Fundamental Rights
• Human Rights
• Labour Law
• Child Rights
• Human Trafficking
• Bonded Labour
• Social Justice

Important Cases to Remember

People’s Union for Democratic Rights v. Union of India
Forced labour and minimum wages

Sanjit Roy v. State of Rajasthan
Minimum wages in government relief work

Bandhua Mukti Morcha v. Union of India
Bonded labour and human dignity

Deena v. Union of India
Forced labour and prison labour

Important Points to Remember

Concept	What to Remember
Article	Article 23
Part	Part III – Fundamental Rights
Right	Right Against Exploitation
Prohibits	Human trafficking, begar and forced labour
Persons Protected	All persons
Forced Labour	Includes forms of compulsion beyond physical force
Minimum Wage	Labour below minimum wage can amount to forced labour in appropriate circumstances
Private Individuals	Article 23 can apply against private persons
Exception	Compulsory service for public purposes
Discrimination Prohibited	Religion, race, caste and class in imposing compulsory service
Bonded Labour	Prohibited and addressed by the Bonded Labour System (Abolition) Act, 1976
Leading Case	People’s Union for Democratic Rights v. Union of India

Quick Revision

• Article 23 → Right Against Exploitation
• Prohibits traffic in human beings.
• Prohibits begar.
• Prohibits forced labour.
• Applies to all persons, not only citizens.
• Can operate against private individuals as well as the State.
• Forced labour is not limited to physical force.
• Economic compulsion can be relevant.
• Labour below the legally prescribed minimum wage may amount to forced labour in appropriate circumstances.
• Article 23(2) permits compulsory service for public purposes.
• Such compulsory service cannot involve discrimination solely on grounds of religion, race, caste or class.
• People’s Union for Democratic Rights is a leading case.
• Bandhua Mukti Morcha is important for bonded labour.
• Article 23 should be studied alongside Article 24 as part of the Right Against Exploitation.

Conclusion

Article 23 establishes a strong constitutional prohibition against practices that exploit human beings through trafficking, begar and forced labour. Its importance lies not only in prohibiting physical coercion but also in recognising that economic and social vulnerability can be used to extract labour in ways that violate human dignity.

The Supreme Court’s interpretation, particularly in People’s Union for Democratic Rights and Bandhua Mukti Morcha, has given the provision a broad and practical scope. At the same time, Article 23(2) recognises that the State may impose compulsory service for legitimate public purposes, provided it does not discriminate on the constitutionally prohibited grounds.

For examination purposes, the core framework is:

Article 23 → Human trafficking + Begar + Forced labour

Applies to → All persons

Important exception → Compulsory service for public purposes

Leading case → People’s Union for Democratic Rights v. Union of India