Article 23 of the Costitution of India with Case law
Here is a detailed explanation of Article 23 of the Constitution of India along with relevant case law:
🇮🇳 Article 23 – Prohibition of traffic in human beings and forced labour
🔹 Text of Article 23 (1) and (2)
Article 23(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.
Article 23(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.
🔹 Key Concepts in Article 23
| Term | Meaning |
|---|---|
| Traffic in human beings | Buying, selling, or dealing in human beings like slaves (including prostitution and bonded labour). |
| Begar | Forced labour without payment (prevalent during colonial times). |
| Forced labour | Any work or service done under coercion, including for inadequate wages or under pressure (e.g., bonded labour). |
| Exception under clause (2) | The state can impose compulsory public service (like military conscription), but without discrimination. |
🔹 Salient Features
Fundamental Right available to citizens and non-citizens alike.
Enforceable by law: Parliament can legislate and provide punishments.
Protects human dignity and liberty.
Wider than just slavery — includes modern forms like trafficking for sex work, child labour, bonded labour, etc.
⚖️ Landmark Case Laws under Article 23
✅ People's Union for Democratic Rights v. Union of India (1982 AIR 1473, also known as the Asiad Workers case)
Facts: Labourers working at Asiad 1982 Games construction sites were not paid minimum wages.
Held: Supreme Court held that non-payment of minimum wages is a form of forced labour, and thus a violation of Article 23.
Importance: Expanded the interpretation of "forced labour" to include economic compulsion.
✅ Sanjit Roy v. State of Rajasthan (1983 AIR 328)
Facts: Workers under famine relief were paid below minimum wages.
Held: Even if it's for public purpose (famine relief), payment of minimum wages is mandatory; else it amounts to "forced labour".
Importance: Clarified that Article 23 cannot be violated in the name of public service.
✅ Bandra Mukti Morcha v. Union of India (1984 AIR 802)
Facts: Public Interest Litigation (PIL) on behalf of bonded labourers working in stone quarries.
Held: Court directed identification, release, and rehabilitation of bonded labourers.
Importance: Affirmed that bonded labour, even with the worker's consent (due to debt), is unconstitutional under Article 23.
✅ Vikram Cement v. State of Madhya Pradesh (2003)
Held: Forcing workers to work for private companies without minimum wage or under coercion is violation of Article 23.
🔹 Statutes that Support Article 23
Bonded Labour System (Abolition) Act, 1976
Child Labour (Prohibition and Regulation) Act, 1986
Immoral Traffic (Prevention) Act, 1956
Minimum Wages Act, 1948
Human Trafficking laws under IPC and POCSO
🔹 Summary Table
| Aspect | Protected under Article 23 |
|---|---|
| Forced labour (for low/no wages) | ✅ Yes |
| Begar (without payment) | ✅ Yes |
| Human trafficking (including for prostitution or bonded labour) | ✅ Yes |
| Compulsory public service (e.g., army, disaster relief) | ✅ Allowed, but without discrimination |
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