Article 23

Background and evolution

In colonial and princely India, many people, especially from lower castes and tribal communities, were forced to work without pay for landlords, officials or rulers, a practice called begar. Debt bondage tied generations of families to moneylenders and landowners. Trafficking of women and children for sexual exploitation and labour was also widespread.

The framers placed Article 23 among the Fundamental Rights to end these practices. It is one of the few rights that apply directly against private persons. Parliament enacted laws such as the Suppression of Immoral Traffic in Women and Girls Act, 1956 (now the Immoral Traffic (Prevention) Act), the Bonded Labour System (Abolition) Act, 1976, and the Minimum Wages Act, 1948, to give effect to it.

Key features and provisions

• Trafficking: buying, selling or dealing in human beings, including for sexual exploitation, labour or slavery.
• Begar: compelling a person to work without remuneration.
• Forced labour: includes labour obtained by physical force, legal compulsion, or economic compulsion, such as paying below minimum wages.
• Punishment: any contravention is an offence punishable by law.
• Exception (23(2)): the State may impose compulsory service for public purposes, such as military service or social service, without discrimination on grounds of religion, race, caste or class.
• Horizontal effect: applies to private employers and individuals.