Home The Constitution Part III Article 23

Art. 23 Part III: Fundamental Rights

Prohibition of Human Trafficking and Forced Labour

Exact text — Constitution of India

(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.

(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.

In Plain English

What this Article actually means

This Article bans trafficking in human beings and 'begar' (a specific term for forced, unpaid labour historically extracted by landlords/officials) along with other similar forms of forced labour — and, notably, this applies against private individuals, not just the State. Clause (2) carves out compulsory service the State itself may require for genuinely public purposes (like certain forms of national service), as long as it doesn't discriminate.

Why This Matters To You

How it shows up in everyday life

This is the constitutional foundation beneath India's anti-trafficking and bonded-labour laws — if someone is forced to work without fair pay or consent, whether in a factory, as domestic help, or in the sex trade, this Article (backed by specific criminal legislation) is what makes that illegal, regardless of who's doing the forcing.

How This Is Enforced

Laws and mechanisms that put this Article into practice

Bonded Labour System (Abolition) Act, 1976

Abolishes the bonded labour system and frees/rehabilitates bonded labourers.

Immoral Traffic (Prevention) Act, 1956

Targets trafficking for commercial sexual exploitation specifically.

Landmark Cases

How courts have interpreted this Article

People's Union for Democratic Rights v. Union of IndiaAIR 1982 SC 1473 — Held that paying workers less than the minimum wage amounts to 'forced labour' under Article 23, since a worker effectively has no real choice but to accept exploitative terms. Verify this case

Read alongside this one

Art. 24 — Prohibition of Child Labour Labour & Employment Rights

Frequently Asked

Quick answers about Article 23

Does 'forced labour' only mean physical force?

No — courts have read it broadly to include labour taken under economic compulsion, such as paying below minimum wage, since the worker has no genuine free choice in that situation.

Can I be legally compelled to do unpaid community service?

Only for a genuinely public purpose imposed by the State without discrimination (clause 2) — this is narrower than most people assume, and doesn't authorise private individuals or employers to extract unpaid labour.

← PreviousArticle 22: Protection Against Arrest and Detention Next →Article 24: Prohibition of Child Labour in Hazardous Work

The text above reproduces Article 23 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.