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[Cites 0, Cited by 148] [Article 23] [Constitution]

Constitution Subarticle

Article 23(2) in Constitution of India

(2)Nothing in this article shall prevent the State from imposing compulsory service for public purpose, 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.Editorial Comment - Article 23 of the Indian Constitution addresses the prohibition of trafficking in human beings and forced labor. Article 23 prohibits trafficking in human beings, including trafficking for the purpose of forced labor, slavery, or exploitation. It recognizes the inherent dignity and rights of individuals, ensuring protection against such practices. It also prohibits forced labor or any form of compulsory labor. It ensures that no person can be compelled to work against their will or under exploitative conditions.

The prohibition on forced labor does not apply to work required as a part of a compulsory service for public purposes, such as military service, or in cases of emergency or calamity threatening the life or well-being of the community.

Article 23 emphasizes the importance of protecting individual freedom and dignity, ensuring that no person is subjected to exploitation or degrading conditions of work. It safeguards the right to receive fair and reasonable remuneration for work done.

The objective of Article 23 is to eradicate practices that exploit and subjugate individuals, particularly vulnerable sections of society. It upholds the principles of equality, justice, and respect for human rights.

It's important to note that to address the issues related to trafficking, forced labor, and other forms of exploitation, the Indian government has enacted specific laws such as the Immoral Traffic (Prevention) Act, Bonded Labor System (Abolition) Act, and other relevant legislation to provide legal frameworks and mechanisms for preventing and combating such offenses.

In, Sanjit Roy v. The State of Rajasthan, AIR 1983, court held that payment of wages which is lower than the minimum wage to a person who is working in famine relief work is against the provisions of Article 23. The State cannot take advantage of the situation of the person who is engaged in famine relief work.

In, ​Deena v. Union of India, AIR 1983, the court held that the labor which is taken from prisoners without paying them proper remuneration of their work is against the provisions of Article 23. They are entitled to reasonable wages according to their work.

In, Vishal Jeet v. Union of India (1990), the Supreme Court emphasized that the right to receive timely and fair wages is an essential component of the prohibition on forced labor under Article 23. The court held that delayed payment or non-payment of wages could be considered as forced labor, violating the constitutional rights of workers.

​Budhadev Karmaskar v. State of West Bengal, the Court directed for the rehabilitation of the sex workers. The Supreme Court also directed to form the Sex workers rehabilitation panel and directed the State and Central Government to provide funds for the working of this panel.ReferencesIndianKanoon United Nations Blog Ipleaders Lawctopus