Article 23

Article 23 of the Indian Constitution is a Fundamental Right that prohibits traffic in human beings and begar (forced labour without payment) and other similar forms of forced labour. Its constitutional basis lies in Part III of the Constitution, which guarantees basic human rights to all citizens and protects them from exploitation.

The key provisions of Article 23 include:

• •Prohibition of traffic in human beings, including buying and selling of men, women, and children for immoral purposes.
• •Prohibition of begar, which is forced labour without payment.
• •Prohibition of other similar forms of forced labour.
• •Parliament can make laws prescribing punishment for contravention of this provision.
• •Aims to prevent exploitation and ensure human dignity.

In practice, Article 23 aims to prevent exploitation by prohibiting various forms of forced labour and human trafficking. It empowers the state to enact laws to punish those who violate these prohibitions. The Immoral Traffic (Prevention) Act, 1956, and the Bonded Labour System (Abolition) Act, 1976, are examples of such legislation. Increased awareness and activism, stricter law enforcement, and government rehabilitation initiatives also contribute to its practical application.

Challenges in implementing Article 23 include:

• •Difficulty in identifying and rescuing victims of trafficking and forced labour.
• •Lack of awareness among vulnerable populations about their rights.
• •Social and economic factors that drive trafficking and forced labour.
• •Weak enforcement of existing laws and inadequate prosecution of offenders.
• •Rehabilitating victims and integrating them back into society.

Article 23 is significant in Indian democracy because it upholds the values of human dignity and prevents exploitation. By prohibiting traffic in human beings and forced labour, it ensures that all individuals are treated with respect and are not subjected to inhumane or degrading treatment. It reinforces the principles of social justice and equality enshrined in the Constitution.

Related articles and sections include:

• •Part III of the Constitution (Fundamental Rights).
• •Immoral Traffic (Prevention) Act, 1956.
• •Bonded Labour System (Abolition) Act, 1976.
• •The Constitution (Eighty-sixth Amendment) Act, 2002.

Suggested reforms for Article 23 include:

• •Strengthening law enforcement and increasing prosecution of offenders.
• •Raising awareness among vulnerable populations about their rights.
• •Providing better rehabilitation and support services for victims.
• •Addressing the root causes of trafficking and forced labour, such as poverty and lack of education.
• •Improving coordination between government agencies and NGOs working in this field.

Article 23 aims to prevent various types of forced labour, including:

• •Begar (forced labour without payment).
• •Bonded labour (where individuals are forced to work to repay a debt).
• •Human trafficking for forced labour or sexual exploitation.
• •Any other form of labour where individuals are compelled to work against their will.

Common misconceptions about Article 23 include:

• •That it only applies to citizens of India (it applies to all persons within India).
• •That it only prohibits physical forced labour (it also covers other forms of exploitation).
• •That it is solely the responsibility of the government to enforce (requires collective effort).
• •That it is only relevant to rural areas (human trafficking can occur in urban areas as well).

While the core principle of Article 23 has remained consistent, its interpretation and application have evolved over time. Increased awareness and activism against human trafficking and forced labour have led to stricter enforcement of laws and increased prosecution of offenders. Government initiatives to rehabilitate victims have also become more comprehensive.

Frequently asked aspects of Article 23 in UPSC include:

• •The definition of traffic in human beings and begar.
• •The constitutional basis of the article within Fundamental Rights.
• •The relationship between Article 23 and related legislation like the Immoral Traffic (Prevention) Act and the Bonded Labour System (Abolition) Act.
• •The challenges in implementing the provisions of Article 23.
• •The role of the judiciary in interpreting and enforcing Article 23.

The limitations of Article 23 primarily relate to its implementation and enforcement. While it prohibits traffic in human beings and forced labour, practical challenges such as identifying victims, prosecuting offenders, and addressing the root causes of exploitation remain significant. Additionally, the article does not explicitly define all forms of forced labour, which can lead to ambiguities in its application.