Article 23: Traffic in Human Beings and Forced Labour
Date: 17 June, 2020
“Prohibition of traffic in human beings and forced labour – 1. Traffic in human beings and beggar 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.”
Introduction to Article 23
Article 23 is part of the Right against exploitation (Article 23-24). This Right against Exploitation is the 3rd Fundamental right given in our Constitution of India. This article is trying to give real freedom from exploitation to the people so that they can utilize their knowledge and Skills up to their true potential.
This Article is prohibiting many types of exploitation which are not only against the Preamble of this country but also against Article 39 of the Directive Principles. This Article 39 is talking about promoting economic equality in the country. Article 35 of the Constitution is giving the power to the Parliament to make laws for punishing acts which are prohibited by this Article. Using the power given under Article 35 Parliament has passed Suppression of Immoral Traffic in Women and Girls Act, 1956, for punishing acts which result in human trafficking.
Article 23 of the Constitution is banning forced labour in all its form.
Understanding Article 23 - Clause 1
Article 23 specifically prohibits the following 3 things:
1. Traffic in Human beings
2. Beggar
3. Other forms of Forced Labour
1. Traffic in Human beings
2. Beggar
3. Other forms of Forced Labour
1. Traffic in Human beings means buying and selling of humans beings like goods. Some various Women and Children are trafficked for various purposes like Prostitution, Maid Service etc. This is prohibited by Article 23 of the Constitution of India. Slavery is not specifically mentioned here but it includes slavery also. So any kind of Slavery is also completely prohibited by this Article.
2. Beggar means working without remuneration. This work is creating slave-like conditions for the people who are doing that work.
3. Other forms of Forced labour are also prohibited under this Article. This is labour under which workers are forced to work against their will. This force can be Physical, Economical or any other type. Any payment which is less than the minimum wage will amount to forced labour under this Article.
Understanding Article 23 – Clause 2
This clause is an exception of Clause 1 of Article 23. This clause is allowing the States to take compulsory services like national defence. It is to be noted that while taking this compulsory service the State must not discriminate of the basis of Religion, Race, Caste, Class or any of them.
In our Constitution, Parliament under List 1 – Entry 1 has the power to raise the forces by conscription if necessary for the defence of India. This not only includes the army but also the Police forces too.
International Charters and Article 23
Universal Declaration of Human Rights: Article 4 of the Universal Declaration of Human Rights says that “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.” This freedom from slavery is one of the most important fundamental rights under UDHR. But the exceptions of Article 4, do allow certain categories of persons to be compelled to perform particular work like National Service.
International Covenant on Civil and Political Rights: This Covenant says that:
1. No one shall be held in slavery; slavery and the slave trade in all their forms shall be prohibited.
2. No one shall be held in Servitude.
3. A. No one shall be required to perform forced or compulsory labour.
1. No one shall be held in slavery; slavery and the slave trade in all their forms shall be prohibited.
2. No one shall be held in Servitude.
3. A. No one shall be required to perform forced or compulsory labour.
Important Cases of Article 23
Sanjit Roy v. the State of Rajasthan, AIR 1983, this case has held that payment of wages which is lower than the minimum wages to a person who is working in famine relief work is against the provisions of Article 23. The State cannot take advantage of the situation of the person who is engaged in famine relief work.
Deena v. Union of India, AIR 1983, this case says that the labour which is taken from Prisoners without paying them proper remuneration of their work is against the provisions of Article 23. They are entitled to reasonable wages according to their work.
Budhadev Karmaskar v. State of West Bengal, this case says that a woman is compelled to indulge in prostitution not for pleasure but because of abject poverty. Court gave various directions for the rehabilitation of the sex workers. They are entitled to live a life full of dignity. In this case, the Supreme Court made the Sex workers rehabilitation panel and directed the State and Central Government to provide fund for the working of this panel.
