Article 23: Right against Exploitation

Article 23 of the Indian constitution seeks to prevent the forced labour or Trafficking or Bonded labour or forced labour in any form

Article 23(1): Traffic in human beings, Begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with the law.

Article 23 (2): Nothing in this article shall prevent the state from imposing compulsory service for a public purpose and in imposing such service the state shall not make any discrimination on the ground only of religion, race, class or any of them.

Forced labour , human trafficking or Bonded Labour are prohibited in India as per Article 23 of Indian constitution
Forced Labour is prohibited under
Article 23, Source: Sansarlochan

These are to guarantee of personal liberty and prohibition against discrimination. What is prohibited by the clause is, therefore, the act of compelling a person to render gratuitous service where he was lawfully entitled either not to work or to receive remuneration for it.

The clause, therefore, does not prohibit forced labour as punishment for a criminal offence nor would it prevent the state from imposing compulsory recruitment or conscription for a public purpose such as military or even social service.

If a person is working or forced to work on a wage which is less than minimum wage then it will be called the Forced Labour. The employer will be punished for such an act. This article also helps to abolish the practice of Bonded Labour.

So anyone can not force a person to work without the wage being paid for the same. Any act of such kind is prohibited under Article 23 of the Indian constitution. Parliament is authorised to make any which prescribe the punishment for the violation of this provision of the constitution.

What is article 23?

Article 23 is one of the fundamental rights. As per this article, no person will be forced to do begar or any other form of forced labor. Every person must be given proper emolument which he is entitled to.

Right against exploitation is dealt with?

Article 23 of the Indian constitution prevents the exploitation of a person by forcing him to do begar or any other form of forced labor.

Exceptions to the article 23 of Indian constitution?

There are some exceptions where the state can make a person do some work without paying any wage. But such work should be in the national and public interest or public purpose. But doing so the government will not discriminate on the base of caste, religion, sex, race, place of birth.