Article 23 of the Indian Constitution is one of the most humane and revolutionary provisions ever written into law. It abolished all forms of human tr

Article 23 of the Indian Constitution

Freedom doesn’t just mean political independence — it means being free from every kind of exploitation, abuse, and injustice. When India gained independence in 1947, millions of people were still trapped in systems that treated them like slaves — bonded laborers, forced workers, and victims of human trafficking.

Our Constitution-makers realized that true freedom and equality can’t exist if people are still being exploited by others. That’s why they included Article 23 in the Constitution — a powerful provision that prohibits human trafficking and forced labor in any form.

This Article is one of the strongest statements of human dignity in Indian law. It tells us that in a free India, no one can be made to work against their will or be treated as a commodity.

Let’s explore Article 23 in detail — what it says, why it was introduced, its legal meaning, landmark judgments, and its importance in today’s India.

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What Is Article 23 of the Indian Constitution?

Article 23 is part of the Fundamental Rights under Part III of the Indian Constitution. It reads:

“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, caste, or class or any of them.”

In simple terms, Article 23 bans three things:

1. Human trafficking — buying, selling, or exploiting people like goods.

2. Begar — forcing someone to work without pay.

3. Other forms of forced labor — any work done against one’s will or under coercion.

It also allows the government to impose compulsory service (like national service or disaster relief) — but only for public purposes and without discrimination.

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The Background — Why Article 23 Was Needed

India’s history is full of examples of exploitation and bonded labor. For centuries, people from lower castes and poor communities were forced to work for landlords, zamindars, or kings without any payment.

During the British period, forced labor continued under different names. For example:

• The zamindari system required peasants to give unpaid labor to landlords.

• Plantation workers were often tricked or forced to work in inhuman conditions.

• Women and children were trafficked and exploited.

After independence, India wanted to build a society based on equality, justice, and human dignity. So, when the Constitution was being drafted, the Constituent Assembly made sure to include an article that ended all forms of slavery and exploitation.

That’s how Article 23 was born — a constitutional guarantee that no one can be treated as an object or slave in independent India.

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Understanding the Key Terms in Article 23

Let’s break down the key terms used in Article 23 and what they mean in real life.

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1. Traffic in Human Beings

This refers to the buying and selling of people for money or profit. It includes all forms of human trafficking, such as:

• Sex trafficking — forcing women or children into prostitution.

• Labor trafficking — making people work in factories, mines, or homes against their will.

• Organ trafficking — selling human organs illegally.

• Child trafficking — forcing children into labor, begging, or illegal activities.

In modern terms, trafficking means recruiting, transporting, or harboring people through force, fraud, or deception for exploitation.

The Constitution treats this as a serious violation of human rights and personal liberty.

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2. Begar

Begar is a traditional Indian term meaning unpaid compulsory labor. It was very common in feudal times — poor people, especially from lower castes, were made to work for landlords or officials without any payment.

For example, villagers were often forced to carry goods, clean houses, or do farm work for free just because they belonged to a certain caste.

Article 23 completely abolishes this cruel system and declares it a punishable offence.

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3. Other Similar Forms of Forced Labour

This phrase makes the Article very broad — it includes all kinds of work done under coercion, whether physical, economic, or social.

This means that even if someone “agrees” to work but is forced by circumstances like poverty or debt, it can still be considered forced labor.

For instance:

• A bonded laborer working to repay a loan that never ends.

• A child working in a factory because their family is in debt.

• A domestic worker not being paid or being threatened with violence.

So, the scope of Article 23 goes beyond slavery — it includes any situation where people lose their freedom to choose their work.

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4. Compulsory Service for Public Purpose

While Article 23 bans forced labor, it allows the State to impose compulsory service for the greater good of society.

For example:

• Military service or national defense duties.

• Disaster relief work during floods, earthquakes, or pandemics.

• Civic duties like voting or participating in public campaigns.

However, the State cannot discriminate on the basis of caste, religion, or class while imposing such service.

This ensures that compulsory service remains fair and voluntary for public benefit, not for exploitation.

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Nature of Article 23 — Universal Protection

Unlike many other Fundamental Rights, Article 23 protects both citizens and non-citizens.

That means even if someone is not an Indian citizen — like a refugee, migrant worker, or foreigner — they are still protected from exploitation under this Article.

This makes it one of the most humane and inclusive provisions in the Constitution.

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Laws Enforcing Article 23

To make Article 23 effective, several laws were passed to punish human trafficking and forced labor. Here are the major ones:

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1. The Suppression of Immoral Traffic in Women and Girls Act, 1956 (Now ITPA)

Now known as the Immoral Traffic (Prevention) Act, 1956, it aims to stop sex trafficking and prostitution-related exploitation.

It punishes:

• Running brothels.

• Trafficking women and children for prostitution.

• Living off the earnings of prostitution.

This Act works hand-in-hand with Article 23 to protect women and children from sexual exploitation.

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2. The Bonded Labour System (Abolition) Act, 1976

This is one of the most important laws related to Article 23.

It completely abolished the bonded labor system — a form of slavery where poor people were forced to work to repay debts that often lasted generations.

Under this law:

• All existing bonded labor debts are cancelled.

• Forcing someone to work under debt is illegal.

• Offenders face imprisonment and fines.

This Act gave freedom to millions of bonded laborers across India.

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3. The Child Labour (Prohibition and Regulation) Act, 1986

This law prohibits the employment of children below a certain age in dangerous or exploitative jobs.

It also sets rules for safe working conditions and working hours for adolescents.

Later, the Child Labour (Amendment) Act, 2016 made it even stricter by banning all employment of children under 14 in any occupation.

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4. The Protection of Children from Sexual Offences (POCSO) Act, 2012

Although mainly focused on child abuse, this law also indirectly enforces Article 23 by preventing the sexual exploitation of children, which is a form of trafficking.

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5. The Transplantation of Human Organs Act, 1994

This Act prevents organ trafficking — the illegal buying and selling of human organs — another form of human exploitation under Article 23.

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Landmark Supreme Court Judgments on Article 23

The judiciary has played a major role in expanding and enforcing the meaning of Article 23.

Here are some key cases that shaped its interpretation:

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1. People’s Union for Democratic Rights vs Union of India (1982) — “Asiad Workers’ Case”

This is one of the most famous cases under Article 23. It involved workers hired for building the Asiad Games facilities in Delhi.

They were paid below the minimum wage and forced to work long hours.

The Supreme Court held that “any labour paid below the minimum wage is forced labour” under Article 23.

This was a revolutionary interpretation — it meant that even economic pressure can lead to forced labor.

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2. Bandhua Mukti Morcha vs Union of India (1984)

This case exposed large-scale bonded labor in stone quarries of Haryana.

The Supreme Court ruled that the right to live with dignity under Article 21 includes the right to be free from exploitation under Article 23.

The court also directed the government to identify, release, and rehabilitate bonded laborers.

This case made the judiciary a strong guardian of human rights.

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3. Sanjit Roy vs State of Rajasthan (1983)

In this case, workers employed for famine relief were not paid the minimum wage.

The court ruled that paying less than the minimum wage, even in government projects, violates Article 23.

This ensured that even government-led public service cannot exploit workers.

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4. Neeraja Chaudhary vs State of Madhya Pradesh (1984)

The Supreme Court emphasized that merely freeing bonded laborers is not enough — they must also be rehabilitated and given alternative livelihoods.

This judgment expanded the scope of Article 23 from prohibition to rehabilitation.

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5. Lakshmi Kant Pandey vs Union of India (1984)

This case dealt with foreign adoptions and child trafficking. The Supreme Court laid down strict guidelines to prevent the sale of children in the name of adoption.

It reinforced the constitutional protection of children under Article 23.

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Connection Between Article 23 and Article 24

Articles 23 and 24 are closely related — both protect human dignity by prohibiting exploitation.

Article	Focus	Example
Article 23	Prohibits human trafficking and forced labor	Bonded labor, slavery, trafficking
Article 24	Prohibits child labor in hazardous jobs	Children working in factories or mines

Together, they ensure that every person, especially the poor and vulnerable, has the right to live freely and work with dignity.

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Role of the State Under Article 23

The State has two main duties under Article 23:

1. Prevent Exploitation — through strict laws and law enforcement.

2. Rehabilitate Victims — through welfare schemes, education, and employment programs.

The government has launched several initiatives in this direction, such as:

• National Human Rights Commission (NHRC) — monitors human rights violations.

• Central Sector Scheme for Rehabilitation of Bonded Labourers, 2016 — provides financial aid to freed laborers.

• Anti-Human Trafficking Units (AHTUs) — set up in every state to rescue victims.

• Operation Smile — to rescue missing and trafficked children.

These efforts show that Article 23 is not just a legal statement but an ongoing social mission.

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Importance of Article 23

Article 23 is one of the most powerful examples of India’s commitment to human dignity and social justice.

Its importance can be seen in several ways:

1. Abolishes Exploitation: It ensures that no one can use another person as a tool for profit or labor.

2. Protects the Weak and Poor: It provides a shield for vulnerable groups — women, children, and the economically disadvantaged.

3. Supports Human Rights: It aligns with global human rights conventions, like the UN Universal Declaration of Human Rights (1948).

4. Ensures Economic Equality: It promotes fair wages and working conditions.

5. Strengthens Democracy: It ensures that political freedom is matched with social and economic freedom.

In short, Article 23 protects the soul of democracy — the dignity and freedom of every human being.

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Modern Challenges — Is Article 23 Still Relevant?

Unfortunately, even decades after independence, exploitation hasn’t disappeared. It has just taken new forms.

Some modern challenges include:

• Human trafficking for prostitution, labor, and organ trade.

• Child labor in domestic work, factories, and agriculture.

• Bonded labor in brick kilns, stone quarries, and farms.

• Migrant workers being underpaid or forced to work in unsafe conditions.

The COVID-19 pandemic also exposed how vulnerable laborers can become victims of exploitation when they lose income or mobility.

This proves that Article 23 remains as relevant today as ever. It’s not just about abolishing old systems — it’s about fighting new forms of injustice in a changing world.

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Role of Society and NGOs

While the Constitution and the government play a key role, society also has a responsibility to make Article 23 effective.

Many NGOs and activists have done remarkable work in freeing bonded laborers and rescuing trafficking victims.

Some well-known organizations include:

• Bandhua Mukti Morcha (founded by Swami Agnivesh)

• Childline India Foundation

• Bachpan Bachao Andolan (founded by Kailash Satyarthi)

• Prajjwala (fighting sex trafficking)

These groups work at the grassroots level to turn the promise of Article 23 into reality for millions.

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International Perspective

Article 23 is in harmony with many international human rights treaties, such as:

• Universal Declaration of Human Rights (1948) — Article 4 prohibits slavery.

• International Covenant on Civil and Political Rights (ICCPR, 1966) — Article 8 bans forced labor.

• ILO Conventions on forced labor and child labor.

By implementing Article 23, India fulfills its global commitment to human rights and dignity.

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Article 23 and Economic Justice

True freedom isn’t just political — it’s also economic.

Article 23 ensures that workers are treated fairly and paid properly. It connects directly to:

• Article 39 (Directive Principles) — which promotes fair working conditions.

• Article 43 — which encourages living wages for all workers.

Together, these provisions aim to make India a social welfare state, where no one is exploited due to poverty or helplessness.

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Difference Between “Free Labour” and “Forced Labour”

Basis	Free Labour	Forced Labour
Choice	Voluntary	Involuntary or under threat
Payment	Fair wages	No or unfair payment
Freedom	Worker can leave anytime	Worker cannot refuse or quit
Legal Status	Lawful	Illegal under Article 23

So, even if a worker agrees to low pay out of fear or poverty, it can still count as forced labor if their consent isn’t truly free.

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Significance for Women and Children

Women and children are often the most exploited groups. Article 23 provides them crucial protection against:

• Trafficking for sex work or domestic labor.

• Child labor in hazardous jobs.

• Early marriage and related exploitation.

• Forced begging and bonded domestic service.

It ensures that every person, regardless of gender or age, has the right to live and work with dignity.

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Conclusion

Article 23 of the Indian Constitution is one of the most humane and revolutionary provisions ever written into law. It abolished all forms of human trafficking, forced labor, and exploitation, ensuring that every individual in India is free, equal, and dignified.

It reflects the vision of India’s founders — that independence must mean freedom for the poorest and weakest, not just the elite.

While the law is clear, the challenge remains in practice. Millions still face exploitation in hidden forms — in factories, construction sites, homes, and red-light areas.

That’s why the spirit of Article 23 must continue to guide both government and society — not just to punish exploitation, but to create a world where no one is forced to work, suffer, or sell their dignity.

In short, Article 23 is the heart of India’s promise of humanity — a reminder that real freedom begins only when every person can stand tall, unchained, and unafraid.