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What is Article 23 of Indian constitution| protects individuals against exploitation, especially in the form of human trafficking and forced labor.

What is Article 23 of Indian constitution

 

 Article 23 of the Indian Constitution protects individuals against exploitation, especially in the form of human trafficking and forced labor.

 

Text of Article 23 (Simplified)

(1) Human trafficking, begar (forced labor), and other similar forms of forced labor are prohibited.
(2) The State can make laws to punish those who force others into such labor.

 

Key Terms Explained

Human Trafficking

Selling or buying humans for prostitution, slavery, or other exploitative purposes.

Begar

Work or service taken from someone without payment, often against their will. It was common during British rule when poor people were forced to work without wages.

Other Forms of Forced Labour

Any work where a person is compelled to work under threatwithout fair wages, or not allowed to leave.

 

Scope of Article 23

  • Applies to both State and private individuals.
  • Even private persons cannot exploit others.
  • It covers all people in India, citizens or foreigners.

 

Rights Under Article 23

Protection

Means

Right against human trafficking

No one can be sold or bought for immoral purposes.

Right against begar (forced labour)

No one can be forced to work without wages or against their will.

Right to be protected by the State

Government can make laws to stop and punish these activities.

 

Related Laws

  • Immoral Traffic (Prevention) Act, 1956 – to stop trafficking in women and girls.
  • Bonded Labour System (Abolition) Act, 1976 – to end bonded or forced labor.
  • Child Labour (Prohibition and Regulation) Act, 1986 – to stop child labor.

 

Landmark Case:

People’s Union for Democratic Rights v. Union of India (1982)
The Supreme Court ruled that non-payment of minimum wages amounts to forced labour and is a violation of Article 23.

 

Summary

Feature

Description

Protects against

Human trafficking, begar, forced labour

Applies to

Everyone (citizens and non-citizens)

Applies against

Both government and private individuals

State powers

Can make laws to punish such acts

 


MCQs on Article 23 – Prohibition of Traffic in Human Beings and Forced Labour

Article 23 of the Indian Constitution prohibits which of the following?
A) Untouchability
B) Traffic in human beings and forced labour
C) Child marriage
D) Begging in public places
Answer: B
Explanation: Article 23 prohibits traffic in human beings, begar (forced labour), and similar forms of forced labour.

 

Which of the following is NOT an exception under Article 23?
A) Compulsory military service
B) Compulsory public service for social purposes
C) Payment of taxes
D) Bonded labour
Answer: D
Explanation: Bonded labour is prohibited under Article 23 and the Bonded Labour System (Abolition) Act, 1976.

 

Which of the following Acts was enacted to implement Article 23?
A) Bonded Labour System (Abolition) Act, 1976
B) Child Labour (Prohibition and Regulation) Act, 1986
C) Immoral Traffic (Prevention) Act, 1956
D) All of the above
Answer: D
Explanation: Several laws implement Article 23 — Bonded Labour Act, Child Labour Act, Immoral Traffic Prevention Act, etc.

 

Begar means:
A) Voluntary community work
B) Forced labour without payment
C) Paid labour in rural areas
D) Charity work
Answer: B
Explanation: Begar is unpaid, forced labour extracted without consent.

 

Which of the following is punishable under Article 23?
A) Contract labour
B) Begar
C) Voluntary service in emergencies
D) Jury duty
Answer: B
Explanation: Begar (forced unpaid labour) is punishable; voluntary service is exempt.

 

Article 23 applies to:
A) Only citizens
B) Only non-citizens
C) Both citizens and non-citizens
D) Only public servants
Answer: C
Explanation: Article 23 applies to both citizens and non-citizens.

 

Which of the following is considered “traffic in human beings” under Article 23?
A) Forced marriage
B) Prostitution
C) Slavery
D) All of the above
Answer: D
Explanation: Traffic in human beings covers slavery, prostitution, forced marriage, and other exploitations.

 

The Immoral Traffic (Prevention) Act, 1956 deals with:
A) Begar
B) Human trafficking for prostitution
C) Bonded labour
D) Child marriage
Answer: B
Explanation: This Act prevents trafficking for commercial sexual exploitation.

 

Which Article deals with the prohibition of child labour in hazardous jobs?
A) Article 21A
B) Article 23
C) Article 24
D) Article 25
Answer: C
Explanation: Article 24 prohibits employment of children below 14 years in hazardous industries.

 

Forced labour under Article 23 includes:
A) Labour without wages
B) Labour with wages less than minimum wages
C) Labour under coercion
D) All of the above
Answer: D
Explanation: Forced labour includes unpaid labour, underpaid labour, and coerced labour.

 

Which constitutional body can be approached for enforcement of Article 23 rights?
A) Election Commission
B) Supreme Court or High Courts
C) Law Commission
D) NITI Aayog
Answer: B
Explanation: Supreme Court (Article 32) and High Courts (Article 226) can be approached for enforcement.

 

The scope of Article 23 is:
A) Limited to private individuals
B) Limited to the state only
C) Applicable to both State and private individuals
D) Applicable only to public authorities
Answer: C
Explanation: Article 23 binds both the State and private persons.

 

Which landmark case interpreted “forced labour” broadly to include economic compulsion?
A) Kesavananda Bharati v. State of Kerala
B) PUDR v. Union of India (1982)
C) A.K. Gopalan v. State of Madras
D) Maneka Gandhi v. Union of India
Answer: B
Explanation: In People’s Union for Democratic Rights v. Union of India (1982), SC held that paying below minimum wages also amounts to forced labour.

 

Which of the following is NOT covered under “traffic in human beings”?
A) Slavery
B) Voluntary employment
C) Forced prostitution
D) Sale of human beings
Answer: B
Explanation: Voluntary employment is not prohibited.

 

Article 23(2) allows:
A) Forced recruitment for illegal activities
B) Compulsory service for public purposes
C) Slavery in emergencies
D) Forced labour for private individuals
Answer: B
Explanation: Article 23(2) allows compulsory service for public purposes (e.g., military service).

 

Which law abolished the bonded labour system in India?
A) Immoral Traffic (Prevention) Act, 1956
B) Bonded Labour System (Abolition) Act, 1976
C) Child Labour (Prohibition and Regulation) Act, 1986
D) Factories Act, 1948
Answer: B
Explanation: The Bonded Labour System (Abolition) Act, 1976 abolished bonded labour and implemented Article 23.

 

Which provision of Article 23 allows compulsory military service?
A) Article 23(1)
B) Article 23(2)
C) Article 23(3)
D) None of the above
Answer: B
Explanation: Article 23(2) allows compulsory service for public purposes, which can include military service.

 

The term “begar” in Article 23 is borrowed from:
A) Hindi
B) Persian
C) Sanskrit
D) Urdu
Answer: B
Explanation: “Begar” is derived from Persian, meaning unpaid forced labour.

 

Which Article of the Universal Declaration of Human Rights corresponds to Article 23 of the Indian Constitution?
A) Article 4
B) Article 5
C) Article 23
D) Article 24
Answer: A
Explanation: Article 4 of UDHR prohibits slavery and servitude, aligning with Article 23 of the Indian Constitution.

 

Which landmark case held that economic compulsion to work for less than minimum wages is “forced labour”?
A) Bandhua Mukti Morcha v. Union of India (1984)
B) PUDR v. Union of India (1982)
C) Olga Tellis v. Bombay Municipal Corporation (1985)
D) M.C. Mehta v. State of Tamil Nadu (1996)
Answer: B
Explanation: In PUDR v. Union of India (1982), SC ruled that paying below minimum wages amounts to forced labour.

 

Which organisation is known for fighting bonded labour cases in India?
A) SEBI
B) Bandhua Mukti Morcha
C) NITI Aayog
D) NABARD
Answer: B
Explanation: Bandhua Mukti Morcha is an NGO that works to end bonded labour in India.

 

The prohibition of “traffic in human beings” in Article 23 covers which international crime?
A) Genocide
B) Human trafficking
C) War crimes
D) Cybercrime
Answer: B
Explanation: It covers human trafficking, including slavery, prostitution, and forced marriage.

 

Article 23 binds:
A) Only the State
B) Only private individuals
C) Both the State and private individuals
D) Only corporate bodies
Answer: C
Explanation: It applies to both State and private individuals.

 

Which constitutional remedy can be used to enforce Article 23?
A) Writ of Mandamus
B) Writ of Habeas Corpus
C) Writ of Prohibition
D) All of the above
Answer: D
Explanation: Multiple writs can be used depending on the violation — Mandamus for directing action, Habeas Corpus for illegal detention, etc.

 

Article 23 was placed in the Constitution to address:
A) Exploitation during colonial times
B) Agricultural reforms
C) Industrial disputes
D) Tax evasion
Answer: A
Explanation: It aimed to eliminate exploitation like bonded labour and trafficking prevalent during colonial times.

 

Which Article is a companion provision to Article 23?
A) Article 14
B) Article 19
C) Article 24
D) Article 25
Answer: C
Explanation: Article 24 complements Article 23 by prohibiting child labour in hazardous jobs.

 

In which case did the Supreme Court expand the meaning of “forced labour” to include non-payment of wages?
A) Vishaka v. State of Rajasthan
B) PUDR v. Union of India
C) Unni Krishnan v. State of Andhra Pradesh
D) Kesavananda Bharati v. State of Kerala
Answer: B
Explanation: PUDR v. Union of India expanded the definition to include non-payment or underpayment of wages.

 

Which ministry is primarily responsible for implementing Article 23 provisions?
A) Ministry of Law and Justice
B) Ministry of Labour and Employment
C) Ministry of Defence
D) Ministry of Finance
Answer: B
Explanation: The Ministry of Labour and Employment oversees bonded labour abolition and minimum wage enforcement.

 

Which year did the Supreme Court direct states to identify and release bonded labourers?
A) 1975
B) 1984
C) 1990
D) 2000
Answer: B
Explanation: In Bandhua Mukti Morcha v. Union of India (1984), SC directed states to act against bonded labour.

 

What is the penalty for violating the Bonded Labour System (Abolition) Act, 1976?
A) Fine only
B) Imprisonment up to 3 years and/or fine
C) Warning only
D) Suspension from public office
Answer: B
Explanation: Violation can lead to up to 3 years’ imprisonment and/or fine.

 

Which group is most vulnerable to violations of Article 23?
A) Urban middle class
B) Industrial labour unions
C) Migrant and unorganised workers
D) Government officers
Answer: C
Explanation: Migrant and unorganised workers are highly vulnerable to forced labour and trafficking.

 

Which writ can be filed directly in the Supreme Court for violation of Article 23?
A) Certiorari
B) Habeas Corpus
C) Quo Warranto
D) Prohibition
Answer: B
Explanation: Habeas Corpus can be filed for unlawful detention linked to forced labour.

 

The term “traffic in human beings” includes:
A) Slavery
B) Prostitution
C) Sale of human beings
D) All of the above
Answer: D
Explanation: It includes all these forms of exploitation.

 

Which Indian state has the highest reported cases of bonded labour?
A) Kerala
B) Uttar Pradesh
C) Punjab
D) Tamil Nadu
Answer: B
Explanation: Uttar Pradesh often reports the highest number of bonded labour cases.

 

Which constitutional principle does Article 23 uphold?
A) Rule of law
B) Right to property
C) Right to equality and dignity
D) Freedom of religion
Answer: C
Explanation: Article 23 safeguards human dignity and equality.

 

Under Article 23, can the State impose compulsory service for disaster relief?
A) Yes
B) No
C) Only with High Court permission
D) Only during war
Answer: A
Explanation: Compulsory service for public purposes like disaster relief is allowed.

 

In which case did SC say that exploitation of labour is against the Directive Principles too?
A) Bandhua Mukti Morcha v. Union of India
B) Kesavananda Bharati v. State of Kerala
C) Indira Sawhney v. Union of India
D) Golaknath v. State of Punjab
Answer: A
Explanation: The SC linked exploitation of labour to violation of Directive Principles in Bandhua Mukti Morcha case.

 

Is Article 23 enforceable against private individuals?
A) Yes
B) No
Answer: A
Explanation: It applies to both State and private individuals.

 

Which body often assists in rehabilitating released bonded labourers?
A) Election Commission
B) Labour Department
C) National Human Rights Commission (NHRC)
D) UPSC
Answer: C
Explanation: NHRC helps in rehabilitation programs.

 

Which form of labour is legal under Article 23?
A) Begar
B) Compulsory public service by law
C) Bonded labour
D) Trafficked labour
Answer: B
Explanation: Compulsory public service is an exception under Article 23(2).

 

Which Directive Principle is most closely related to Article 23?
A) Article 39(e) – Protection of workers
B) Article 47 – Public health
C) Article 40 – Panchayati Raj
D) Article 48 – Animal husbandry
Answer: A
Explanation: Article 39(e) directs the State to protect workers from abuse.

 

Can a person be forced to work during an epidemic under Article 23?
A) Yes, as compulsory service for public purposes
B) No, it’s always prohibited
Answer: A
Explanation: Public purpose exceptions include health emergencies.

 

Which act deals with prevention of human trafficking in India?
A) Immoral Traffic (Prevention) Act, 1956
B) Bonded Labour System (Abolition) Act, 1976
C) Child Labour Act, 1986
D) Minimum Wages Act, 1948
Answer: A
Explanation: Immoral Traffic (Prevention) Act addresses trafficking.

 

Which Article of the Constitution prohibits human trafficking in South Africa, similar to Article 23?
A) Article 11
B) Article 23
C) Article 4
D) Article 6
Answer: A
Explanation: South Africa’s Article 11 prohibits slavery, servitude, and forced labour.

 

Is begging covered under Article 23 prohibition?
A) Yes, if forced
B) No, never
Answer: A
Explanation: Forced begging is covered as a form of exploitation.

 

Which Article empowers Parliament to make laws against bonded labour?
A) Article 35
B) Article 50
C) Article 14
D) Article 246
Answer: A
Explanation: Article 35 gives Parliament the power to legislate on matters in Part III.

 

Which Indian law provides for minimum wages to prevent exploitation?
A) Factories Act, 1948
B) Minimum Wages Act, 1948
C) Payment of Bonus Act, 1965
D) Industrial Disputes Act, 1947
Answer: B
Explanation: Minimum Wages Act prevents underpayment, enforcing Article 23.

 

Can compulsory jury duty be imposed under Article 23?
A) Yes
B) No
Answer: A
Explanation: Jury duty is a public purpose service and is an exception.

 

Who monitors bonded labour eradication schemes in India?
A) Supreme Court
B) Ministry of Labour and Employment
C) NITI Aayog
D) Election Commission
Answer: B
Explanation: The Ministry of Labour oversees bonded labour schemes.

 

The spirit of Article 23 is rooted in which value?
A) Social equality and human dignity
B) Economic competition
C) Political representation
D) Religious freedom
Answer: A
Explanation: Article 23 is based on human dignity and social equality principles.