Article 23 is a fundamental provision enshrined in Part III of the Indian Constitution, forming the core of the Right against Exploitation. Its origin lies in the Constituent Assembly debates, where it was adopted as Draft Article 17 on December 3, 1948, to address the widespread exploitation, such as indentured labour and trafficking, prevalent during the colonial era. The provision was created to uphold human dignity and ensure fair treatment for all citizens.
Article 23(1) works by imposing a total and pervasive prohibition on three specific evils: traffic in human beings, begar (forced labour without payment), and other similar forms of forced labour. Any contravention of this prohibition is declared an offence punishable in accordance with law. This prohibition is enforceable not only against the State but also against private individuals. The Supreme Court significantly expanded the scope of "forced labour" in People's Union for Democratic Rights v. Union of India (1982), holding that payment of wages below the statutory minimum wage constitutes forced labour under Article 23. Furthermore, in Bandhua Mukti Morcha v. Union of India (1984), the Court imposed a positive obligation on the State to identify, release, and rehabilitate bonded labourers.
The only exception is detailed in Article 23(2), which permits the State to impose compulsory service for public purposes, such as military or social service, provided it does not discriminate on the grounds of religion, race, caste, or class. Article 23 is closely connected to Article 24 (prohibition of child labour). To give effect to its mandate, Parliament enacted the Bonded Labour System (Abolition) Act, 1976, which abolished the system of debt bondage. The core text of Article 23 has not been recently amended; its power has been amplified through judicial interpretation and subsequent legislation.