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
threat, without 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.
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