Article 23 of the Constitution of India

Article 23 of the Indian Constitution addresses the issue of human trafficking and forced labour. It unequivocally prohibits the trafficking of human beings, including women and children, and the practice of forced labour in any form. 

This article recognizes every individual’s inherent dignity and freedom, emphasizing the importance of protecting their rights against exploitation and coercion. 

Prohibition of Forced Labour

Article 23(1) explicitly prohibits all forms of forced labour, including beggar labour, where landowners exploit vulnerable and impoverished individuals by compelling them to work without remuneration. This provision ensures that no person can be forced into labour against their will, safeguarding their freedom and dignity.

Combating Human Trafficking

Article 23 also condemns the practice of human trafficking, which involves buying and selling men, women, and children for illegal and immoral activities, including forced labour and prostitution. By deeming trafficking unconstitutional, this provision aims to eradicate this heinous crime and protect individuals from exploitation and abuse.

Definition of Forced Labour

The term “forced labour” encompasses various forms of coercion, not limited to physical force. It includes situations where individuals are compelled to provide labour under economic pressures, such as poverty, destitution, or hunger, where they receive below the minimum wage. The provision ensures that individuals are not exploited due to their vulnerable circumstances and guarantees fair treatment in employment.

All Similar Forms of Forced Labour

The interpretation of Article 23 includes a broad understanding of forced labour. The courts have clarified that it extends beyond beggar labour and encompasses all forms of coerced labour. 

This means that even if an individual receives some remuneration if compelled to provide labour against their will, it would still be considered forced labour. The focus is on protecting individuals’ freedom of choice and ensuring they are not exploited.

Compulsory Services for Public Purposes

Article 23(2) allows the state to impose compulsory services for public purposes. This provision recognizes that in certain circumstances, the state may require citizens to render services for the betterment of society. 

However, it emphasizes that such imposition must not discriminate based on religion, race, caste, class, or other grounds. The state must ensure equal treatment and safeguard individuals’ rights while engaging in compulsory services.

Summary

Article 23 of the Indian Constitution is a crucial provision in the fight against human trafficking and forced labour. By explicitly prohibiting these practices, it upholds human dignity, freedom, and equality. This article reflects the commitment of the Indian Constitution to protect the vulnerable and marginalized from exploitation, ensuring that individuals are not subjected to coercive labour or trafficking. 

As a nation, it is essential to enforce and uphold the principles enshrined in Article 23 to create a just and inclusive society where every individual’s rights and dignity are safeguarded.