Article 23 – Indian Constitution [with Explanation]

This article is a compilation of Article 23 as it is. You can understand it well, that’s why its explanation is also given below, you must read it. Its explanation is also available in Hindi, for this you can use the link given below;

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📜 Article 23

23. Prohibition of traffic in human beings and forced labour. — (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, case or class or any of them.

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🔍 Explanation

Who would like to work against their will or to work without wages or to be sold etc. But it is a fact or rather it has been a fact.

In independent India, no person should have to go through these situations, that is why it has been prohibited in the fundamental rights part (Part 3) of the Constitution.

The name of this part is Right against Exploitation and there are two articles under it – Article 23 and Article 24. (As you can see in the chart) We are going to understand Article 23 here;

right against exploitation↗️

⚫ Article 23 – Prohibition of traffic in human beings and forced labor ⚫ Article 24 – Prohibition of employment of children in factories, etc.

Meaning of Exploitation ;

By using power or by taking advantage of the situation, when someone is forced to work against their will and more than their capacity and they are not paid according to it, then it is called exploitation.

Since exploitation is done to take advantage of someone or a group for selfish reasons, it can involve inhuman treatment of a person, an act that hurts his self-esteem, etc.

Karl Marx had said that there are two types of classes in the society; One is the Exploited class and the other is the Exploiting class.

The exploiting class owns all the means of production and distribution while the exploited are propertyless and helpless. In such a situation, the exploiting class never wants the exploited class to come at par with it.

Our country does not run on the complete principles of Marx, but it takes due care that no one should be exploited. Exploitation is not at all good for a healthy society, that’s why our constitution maker made it a part of fundamental right while giving priority to its abolition.

In order to follow it properly, many laws were also made in its support over time so that the exploited class could be eradicated. So let us see what is special in this category of fundamental rights;

| Article 23 – Prohibition of traffic in human beings and forced labor

The first clause of Article 23 states that human trafficking and forced labor and other forms of forced labor are prohibited and any contravention of this provision shall be an offense and punishable in accordance with law.

There are two main terms in this, the first is Human Trafficking and the second term is Forced Labour. Let us understand both;

Q. What is human trafficking?

As the name suggests, it refers to the sale and purchase of human beings as commodities, the forced prostitution of women, slavery, and other similar acts of exploitation of human beings.

The Immoral Traffic (Prevention) Act (ITPA) was enacted in 1956 to prevent such things. Let’s understand a little about it;

| Unethical Trafficking (Prevention) Act (ITPA) 1956

India was a signatory to the United Nations Declaration on the Suppression of Smuggling in 1950 in New York.

Keeping this declaration in mind, the Government of India passed the All India Suppression of Immoral Traffic Act in the year 1956.

This act became famous by the name of SITA Act. Because it was brought with the aim of suppressing the immoral trade of women and girls in India.

In the year 1986, this SITA was amended and now it is named – The Immoral Traffic (Prevention) Act.

The purpose of bringing this law was to limit and eventually eliminate prostitution in India by gradually criminalizing various aspects of sex work.

• This act states the illegality of prostitution and the punishment for owning any such related establishment.
• Any person involved in any stage of chain activities such as recruiting, transporting, transferring, harboring or receiving people for the purpose of prostitution may also be punished.
• If any person is found guilty of involving a child in any such activity, he is punishable by law and can be imprisoned for seven years or more.

Apart from the Immoral Traffic (Prevention) Act, several other initiatives have been taken by the government and other concerned authorities.

• The National Action Plan 1998 was formulated to combat trafficking and commercial sexual exploitation of women and children.
• The Ministry of Home Affairs has set up a dedicated cell for prevention of smuggling.
• The Ministry of Women and Child Development (MWCD), along with the Ministry of External Affairs, has attempted to set up a special task force to combat cross-border trafficking.

| Understand human trafficking in detail –

The second term is – Prohibition of forced labour,

Q. What is Forced Labour?

Forced labor means making a person work against his will.

It means to say that even if a person is given remuneration or other consideration, but if he is working under compulsion, then he is kept under Forced Labour.

Remember here that this article also prohibits other forms of forced labor such as bonded labor.

What is Bonded Labour?
Forced or coerced to work without remuneration or at less than the minimum wage rate set by the government, for reasons such as borrowing, birth in a particular caste or other reasons such as forefathers or any agreement made by oneself, comes under the ambit of bonded labour.

Human trafficking and forced labor never ended even after keeping it in the category of fundamental rights, even today evils like human trade, prostitution and bonded labor continue to be seen.

• According to an estimate, there were about 32 lakh bonded laborers in India in the year 2018 and most of them were victims of indebtedness.
• According to the Global Slavery Index released in the year 2016, about 8 million people (i.e. 8 million people) are living in modern slavery in India.
• Bonded labor is prevalent mainly in agriculture and informal sector, such as cotton textile handloom, brick kilns, stone quarries, domestic work etc.

Bonded labor is still prevalent in states with extremely poor populations such as Jharkhand, Odisha, Rajasthan, Uttar Pradesh, Bihar, Chhattisgarh and Madhya Pradesh.

To prevent this and with the aim of achieving 100% provisions of fundamental rights, several laws have been made such as – Bonded Labor System (Repeal) Act 1976 and Equal Remuneration Act 1976 etc.

| Bonded Labor System (Abolition) Act, 1976

Under this act, bonded labor was completely abolished and the laborers were released and their debts were also abolished.

Along with this, any custom, agreement or other instrument by virtue of which a person was obliged to provide any service such as bonded labor was repealed.

Bonded labor system was declared a punishable cognizable offence. Whoever, after the commencement of this Act, compels any person to do bonded labour, shall be punishable with imprisonment. Which may extend to three years and also with fine which may extend to two thousand rupees.

| Equal Remuneration Act 1976

The main objective of the Equal Remuneration Act 1976 is to provide for payment of wages or salary to men and women on an equal basis.

It was mainly brought to avoid discrimination against women and to treat women fairly and justly. That is, it is related to gender discrimination and gender justice.

It has been provided under this act that if the work is of the same nature, every employer shall pay to his employees remuneration in cash or kind at a rate which is equitable to the other sex also.

Remember here that the same work or work of similar nature means that if a work is done by a man or a woman under similar conditions, it will require the same skill, effort and responsibility.

But if there is any difference in the skill, effort and responsibility of a man as compared to a woman, the same shall not be treated as equal in nature.

• No employer shall be permitted to reduce the remuneration of any employee for complying with the provisions of this Act.
• No discrimination shall be made against women when employees are recruited for work which is similar or similar in nature. unless a law prohibits it. This provision also applies to post-recruitment activities such as promotion, training or transfer.
• Every employer is required to maintain registers and other documents in respect of workers employed by him.

Exception – It is important to remember here that, according to the second section of Article 23, if the state wants you to do military work and other similar work, that too without money. So it would not be considered exploitation. That is why it is kept in the category of exceptions.

It is to be remembered here that this right is available to both citizens and non-citizens and it provides protection to an individual not only against the State but also against individuals.

So overall this is Article 23, I hope you have understood. To understand other paragraphs, you can use the link given below.

| Related Article

Hindi Articles	English Articles
⚫ अनुच्छेद 19 ⚫ अनुच्छेद 20 ⚫ अनुच्छेद 21 ⚫ अनुच्छेद 24	⚫ Article 19 ⚫ Article 20 ⚫ Article 21 ⚫ Article 24

⚫ Constitution ⚫ Basics of Parliament ⚫ Fundamental Rights ⚫ Judiciary in India ⚫ Executive in India

⚫ Constitution ⚫ Basics of Parliament ⚫ Fundamental Rights ⚫ Judiciary in India ⚫ Executive in India

Disclaimer - The articles and their interpretations presented here are based on the original Constitution (latest edition), DD Basu's commentary on the Constitution (mainly) and various scholars of the Constitution (whose writings are available in newspapers, magazines and audio-visuals on the Internet). We have just tried to make it interesting and easy to understand.