Traffic in human beings, begar and other similar forms of forced labour are prohibited by:

Article 23(1) prohibits traffic in human beings, begar and other similar forms of forced labour, and makes any breach of this prohibition an offence punishable by law.

Meaning of the terms:

• Traffic in human beings includes buying and selling men, women and children like goods, for prostitution, slavery or other immoral purposes.
• Begar means compulsory work without payment, a practice that existed under zamindars and in princely states.
• Forced labour includes bonded labour, where a person works to repay a debt with no real freedom to leave.

Who is protected:

• The protection is available to all persons, citizens and non-citizens.
• It applies against the State and also against private persons.

Exception in Article 23(2):

• The State may impose compulsory service for public purposes, such as military service or social service.
• In doing so, the State cannot discriminate on grounds of religion, race, caste or class.

Laws passed under Article 23:

• The Immoral Traffic (Prevention) Act, 1956.
• The Bonded Labour System (Abolition) Act, 1976.
• The Equal Remuneration Act, 1976 and the minimum wage laws also support it.

Important judgments:

• In the Asiad Workers case (People's Union for Democratic Rights, 1982), the Supreme Court held that paying less than the minimum wage is forced labour under Article 23.
• In the Bandhua Mukti Morcha case (1984), the Court gave directions for the release and rehabilitation of bonded labourers.

Neighbouring Article:

Article 24 prohibits the employment of children below 14 years in factories, mines and hazardous work.

Why not the other options?

• ✗Article 20 gives protection in respect of conviction for offences.
• ✗Article 22 deals with arrest and detention.
• ✗Article 24 deals with child labour.