Articles 23 and 24: Right against exploitation
- Legal Journey
- Oct 23
- 4 min read
Updated: Oct 26
Part 3 of the Constitution of India
Fundamental Rights
Articles 12 to 35
Articles 23 and 24
Right against Exploitation
Table of Content 💻
Article 23. Prohibition of traffic in human beings and forced labour
- Article 23 protects the individual NOT only against the State but also private citizens.
- It imposes a positive obligation on the State to take steps to abolish traffic in human beings and forced labour.
- This protection is available to both citizens and non-citizens.
- It also prohibits the system of ‘bonded labour’ since it is also a form of ‘forced labour’ within the meaning of this Article.
- The Article further makes such practices punishable in accordance with law.
- Under Article 35(a)(ii) Parliament is empowered to make laws for punishing acts prohibited under Part III.
- The Parliament passed the Suppression of Immoral Traffic in Women and Girls Act, 1956.
Later, in 1986 it was amended and renamed to be called The Immoral Traffic (Prevention) Act, 1956.
Traffic in human beings means selling and buying of human beings like goods for any purpose, but mainly for immoral purposes.
- Though slavery is not explicitly mentioned under Article 23, it is included in the expression traffic in human beings.
Begar means involuntary work without payment.
- It is a form of forced labour.
Q) Does this Article prohibit forced labour as punishment for a criminal offence?
A) NO.
- What is prohibited by this clause is the making of a person to render service where he was lawfully entitled not to work or to receive remuneration of the services rendered by him.
- This clause, therefore, does not prohibit forced labour as a punishment for a criminal offence.
Article 23 prohibits 3 things:-
Trafficking in human being | Begar | Forced Labour |
Any contravention of the above 3 things has been made punishable |
Peoples Union for Democratic Rights V. Union of India (1982 SC)
- The Court held that the scope of Article 23 is wide and unlimited and strikes at “traffic in human beings” and “begar and other forms of forced labour” wherever they are found.
- This Article strikes at forced labour in whatever form it may manifest itself.
- No one shall be forced to provide labour or service against his will even though it be under a contract of service.
- A person who provides labour or service to another for remuneration which is less than minimum wage amounts to forced labour under Article 23.
Deena V. Union of India (1983 SC)
- The court held that taking labour from prisoners without paying proper remuneration amounted to “forced labour” and is violative of Article 23.
- The prisoners are entitled to payment of reasonable wages for the work taken from them and the Court is under duty to enforce their claim.
Clause (2) - Compulsory Service for public purposes
- It provides an exception to the general rule in clause (1)
- The state is empowered to impose compulsory service for public purposes.
- But, while imposing such service, State shall NOT discriminate on grounds only of -
Religion | Race | Caste | Class |
OR any | of them |
Article 24. Prohibition of employment of children in factories, etc.
- It prohibits employment of children below 14 years of age in :-
Any Factory | Mine | Other Hazardous Employment |
- This Article does NOT prohibit their employment in any innocent or harmless job or work.
M. C. Mehta V. State of Tamil Nadu (1996 SC)
- The Supreme Court held that children below the age of 14 years cannot be employed in any hazardous industry, mines or other works.
- The court laid down exhaustive guidelines to protect the economic, social and humanitarian rights of children.
Frequently Asked Questions
Q) Can children under 14 work in any capacity?
A) Yes, they may work in non-hazardous or harmless occupations not affecting their health or development.
Q) Does Article 23 protect individuals ONLY against the State?
A) No. Article 23 protects individuals against both the State and private citizens.
Q) Does receiving less than minimum wage count as forced labour?
A) Yes. The Supreme Court in People’s Union for Democratic Rights v. Union of India held that paying less than the minimum wage is a form of forced labour.
Q) What types of work are considered hazardous under Article 24?
A) Hazardous work includes employment in factories, mines, construction, and industries involving chemicals or machinery dangerous to health and safety.
Q) Can children under 14 help in family businesses or non-hazardous work?
Yes, as long as the work is not hazardous, does not interfere with schooling, and is within family-based occupations.
The Right Against Exploitation stands as a shield protecting every individual’s dignity and freedom.
Understanding these constitutional safeguards is the first step toward ensuring justice and equality in society.
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