Prohibition of traffic in human beings and forced labour
Also called: Article 23 · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Class 11, Ch 2 "Rights in the Indian Constitution"
Meaning
Article 23 bans traffic in human beings, which means buying and selling people. It also bans begar (forced work without pay) and every other kind of forced labour. Breaking this ban is a crime under law. It binds private persons too, not only the State. The State may still make people do compulsory service for public purposes, such as military service, as long as it does not discriminate.
Example
In the Asiad workers case (PUDR v. Union of India, 1982), the Supreme Court held that paying workers less than the minimum wage is forced labour under Article 23.
Don't confuse with
- Article 24: this bans employing children below 14 in factories, mines or hazardous work. Article 23 covers forced labour and trafficking of people of any age.
Related concepts
- Right against exploitation
- Begar
- Asiad workers case
- Bonded labour
- Bonded Labour System (Abolition) Act 1976
- Prohibition of child labour
- Right to education
- 86th Constitutional Amendment Act 2002
- Unni Krishnan case
- Right of Children to Free and Compulsory Education Act 2009