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Article 23

Prohibition of Traffic in Human Beings and Forced Labour

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

What is Article 23?

Article 23 is a Fundamental Right under the Right against Exploitation. It protects people from human trafficking, begar and other similar forms of forced labour. Article 23(1) prohibits traffic in human beings and begar and other similar forms of forced labour. Any violation of this constitutional prohibition is an offence punishable according to law. Human trafficking refers to the unlawful trade or exploitation of persons. Forced labour refers to situations where a person is made to work against their will through force, coercion or other forms of compulsion. The Constitution also protects people against begar, which refers to forced labour where a person is required to work without proper payment or against their will. Article 23(2) provides a specific exception. The State may impose compulsory service for public purposes. However, while imposing such service, the State cannot discriminate solely on the grounds of religion, race, caste or class. Therefore, Article 23 aims to protect human dignity and prevent exploitation while recognising a limited constitutional provision for compulsory public service without discrimination on the specified grounds.

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Official Constitutional Text

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, caste or class or any of them.

Article 23 Explained in Simple Words

Article 23 is a Fundamental Right under the Right against Exploitation. It protects people from human trafficking, begar and other similar forms of forced labour. Article 23(1) prohibits traffic in human beings and begar and other similar forms of forced labour. Any violation of this constitutional prohibition is an offence punishable according to law. Human trafficking refers to the unlawful trade or exploitation of persons. Forced labour refers to situations where a person is made to work against their will through force, coercion or other forms of compulsion. The Constitution also protects people against begar, which refers to forced labour where a person is required to work without proper payment or against their will. Article 23(2) provides a specific exception. The State may impose compulsory service for public purposes. However, while imposing such service, the State cannot discriminate solely on the grounds of religion, race, caste or class. Therefore, Article 23 aims to protect human dignity and prevent exploitation while recognising a limited constitutional provision for compulsory public service without discrimination on the specified grounds.

Article 23 in Simple Words

Article 23 prohibits human trafficking, begar and other similar forms of forced labour, while allowing compulsory public service without discrimination on specified grounds.

Article 23 Example

Suppose a person is forced to work against their will and is not allowed to leave the work because of threats, coercion or other forms of compulsion. Such forced labour can fall within the protection provided by Article 23. Another example is human trafficking. If people are illegally recruited, transported or exploited for the purpose of forced labour or other exploitation, Article 23 provides constitutional protection against such practices. Article 23(2) also recognises that the State may require compulsory service for a public purpose. For example, a law may provide for certain compulsory public service. However, the State cannot impose such service by discriminating solely on the grounds of religion, race, caste or class. These examples show how Article 23 protects individuals from exploitation while recognising the limited constitutional provision for compulsory public service.

What is Article 23 of the Indian Constitution?

Article 23 is a Fundamental Right under the Right against Exploitation. It prohibits traffic in human beings, begar and other similar forms of forced labour.

What does Article 23 say?

Article 23 prohibits human trafficking, begar and other similar forms of forced labour. It also permits the State to impose compulsory service for public purposes, provided that there is no discrimination solely on the specified grounds.

Which Fundamental Right includes Article 23?

Article 23 is part of the Right against Exploitation under Part III of the Constitution. It is followed by Article 24, which deals with the employment of children in factories, mines and other hazardous employment.

What is prohibited under Article 23?

Article 23 prohibits traffic in human beings, begar and other similar forms of forced labour.

What is human trafficking?

Human trafficking involves the unlawful recruitment, transportation, transfer or exploitation of people. Article 23 provides constitutional protection against traffic in human beings.

What is forced labour?

Forced labour refers to work that a person is compelled to perform against their will through force, coercion or other forms of compulsion.

What is Begar under Article 23?

Begar refers to forced labour where a person is compelled to work without proper payment or against their will. Article 23 expressly prohibits begar.

Can the State impose compulsory service?

Article 23(2) permits the State to impose compulsory service for public purposes. However, while imposing such service, the State cannot discriminate solely on the grounds of religion, race, caste or class.

Why is Article 23 important?

Article 23 protects individuals from exploitation through human trafficking, begar and forced labour. It is an important constitutional protection of human dignity and freedom from exploitation.

What is Article 23 in simple words?

In simple words, Article 23 says that no person can be subjected to human trafficking, begar or similar forms of forced labour. The State may impose compulsory public service in accordance with law, but it cannot discriminate solely on the specified grounds.

What is the difference between Article 23 and Article 24?

Article 23 deals with human trafficking, begar and forced labour. Article 24 specifically prohibits the employment of children below fourteen years in factories, mines or other hazardous employment.

Article 23 and human dignity

Article 23 helps protect human dignity by prohibiting practices that exploit people through trafficking and forced labour. It forms part of the Fundamental Rights guaranteed under Part III of the Constitution.

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Source: Legislative Department, Ministry of Law and Justice, Government of India