Article 23 of the Indian Constitution: Protection against Discrimination

Article 23 of the Indian Constitution safeguards citizens against exploitation and discriminatory practices. It is a fundamental right that reflects India’s commitment to human dignity, equality, and social justice. This article is particularly significant in the context of labor rights, trafficking, and forced labor.

Text of Article 23

Article 23 states:

1. Prohibition of Traffic in Human Beings and Forced Labor:

   • “Traffic in human beings and begar (forced labor) and other similar forms of forced labor are prohibited and any contravention shall be an offense punishable in accordance with law.”

2. Mandatory Legislation:

   • Parliament has the power to make laws to give effect to this provision.

Key Features of Article 23

1. Prohibition of Human Trafficking:

   • Any form of sale, purchase, or exploitation of human beings is illegal.

   • This includes trafficking for labor, sexual exploitation, or other purposes.

2. Prohibition of Forced Labor (Begar):

   • No person shall be compelled to perform labor against their will.

   • The term “begar” refers to forced labor without payment, often demanded by rulers or landlords historically.

3. Offense and Punishment:

   • Violation of Article 23 is a criminal offense.

   • Parliament has enacted laws such as the Bonded Labour System (Abolition) Act, 1976, and the Immoral Traffic (Prevention) Act, 1956 to enforce this provision.

4. Non-Applicability to Certain Services:

   • Article 23 does not apply to labor performed voluntarily or under legally recognized obligations (e.g., military service, civic duties).

Significance of Article 23

• Human Dignity: Ensures that no citizen is treated as a commodity or exploited.

• Social Justice: Protects vulnerable groups such as laborers, women, and children.

• Rule of Law: Criminalizes violations, ensuring perpetrators face legal consequences.

• Alignment with International Standards: India’s Article 23 aligns with ILO conventions on forced labor and trafficking.

Related Legislation

1. Bonded Labour System (Abolition) Act, 1976 – Abolished forced labor practices.

2. Child Labour (Prohibition and Regulation) Act, 1986 – Prohibits employment of children in hazardous occupations.

3. Immoral Traffic (Prevention) Act, 1956 – Protects individuals from human trafficking and sexual exploitation.

4. Protection of Children from Sexual Offences Act, 2012 – Provides special protection to children from exploitation and abuse.

Judicial Interpretation

1. People’s Union for Democratic Rights v. Union of India (1982)

   • Supreme Court held that bonded labor violates Article 23 and is unconstitutional.

2. Budhadev Karmaskar v. State of West Bengal (2011)

   • Supreme Court reinforced that trafficking and sexual exploitation of women are punishable under Article 23.

Conclusion

Article 23 of the Indian Constitution is a fundamental safeguard against exploitation. By prohibiting trafficking, forced labor, and similar practices, it ensures human dignity, equality, and social justice. The enforcement of this article through legislation and judicial interpretation continues to protect vulnerable sections of society and uphold India’s constitutional ideals.