Article 23 of the Indian Constitution: Prohibition of Traffic in Human Beings and Forced Labour - Explainer

12/1/20232 min read

person holding white samsung android smartphone
person holding white samsung android smartphone

Introduction

Article 23 of the Indian Constitution is a fundamental right that prohibits traffic in human beings and forced labor. It is an essential provision that safeguards the dignity and freedom of individuals, ensuring that no person is subjected to slavery or forced labor.

Understanding Article 23

Article 23 states that "Traffic in human beings and begar and other similar forms of forced labor are prohibited and any contravention of this provision shall be an offense punishable in accordance with law."

The term "traffic in human beings" refers to the act of buying, selling, or trading human beings for various purposes, including slavery, forced labor, or exploitation. This provision aims to eradicate all forms of human trafficking and modern-day slavery.

Additionally, the term "forced labor" refers to any work or service that is extracted from an individual under the menace of a penalty and without their consent. It includes physical or mental coercion, debt bondage, or any form of compulsion that restricts an individual's freedom and dignity.

Protection and Enforcement

Article 23 not only prohibits these practices but also provides for their punishment. Any violation of this provision is considered an offense and is punishable under the law. This ensures that those involved in human trafficking or forced labor are held accountable for their actions.

The enforcement of Article 23 is crucial in protecting the rights of individuals. The Indian government has taken several measures to combat human trafficking and forced labor, such as enacting specific legislation like the Immoral Traffic (Prevention) Act, 1956, and the Bonded Labour System (Abolition) Act, 1976.

Impact on Society

Article 23 plays a significant role in promoting social justice and equality. It upholds the principles of human rights and ensures that every individual is treated with dignity and respect. By prohibiting traffic in human beings and forced labor, it aims to eliminate exploitation and create a just society.

Furthermore, Article 23 aligns with India's commitment to international conventions and treaties that address human trafficking and forced labor. It reflects the country's efforts to combat these issues on a global scale.

Conclusion

Article 23 of the Indian Constitution is a crucial provision that prohibits traffic in human beings and forced labor. It serves as a protective shield for individuals, ensuring their freedom and dignity. By enforcing this provision, the Indian government aims to eradicate human trafficking and forced labor, promoting a more just and equal society.