Article 23 of the Indian Constitution The Abolition of Forced Labor Discussing provisions of Article 23 of the Constitution of India. This gives constitutional protection under Article 23, operate against trafficking of human beings, forced labour and bonded labour. This clause of this fundamental right aim at doing away with such practices and acknowledging the dignity of persons. Hence, the work of the present paper is to outline the background of Article 23 and explore its provisions and significance.
Background of Article 23
The British rule in India had seen the practices of bonded labor, begar, and other forced labor. Tens of millions of economically vulnerable Indians were still bound by debt and hereditary servitude.
The nationalist leaders of India understood that to build a fair nation, such violent practices had to be eliminated. Forced labor was vehemently denounced by Dr B. R Ambedkar, the chief architect of the Indian constitution, as an infringement on human liberty. Article 23 was incorporated into the constitution to eradicate this form of economic slavery.
Provisions of Article 23 Restated
Article 23 consists of two provisions.
- Prohibition of traffic in human beings and forced labor: This clause prohibits the transportation of human beings for slavery and bonded labor. It seeks to disrupt the human trafficking systems that support forced labor.
- Prohibition of employment of any form of forced labor: This broader provision abolishes begar, inter-generational bonded labor. Any other forms of compulsory labor without adequate wages or choice.
Specific forms of compulsory labor are exempted, as shown by work done because of court decisions. Service during calamities, and minimal community obligations. Besides these reasonable exclusions, Article 23 protects the rights of people to work for any employer of their choice.
Significance of Article 23
- Upholds human dignity and equality: Article 23 upholds all human beings’ autonomy and equal worth principles by eliminating exploitative labor systems. It is in tandem with India’s vision of a democratic republic.
- Protects marginalized communities: Article 23 is most favorable for socially disadvantaged groups who are easily exploited to become victims of human traffickers, debt bonds, and intergenerational servitude. Therefore, it fosters social justice.
- Enabling equitable economic growth: Compulsory work hinders integration and sustainable growth, fostering poverty. Article 23 promotes economic enfranchisement by furthering freedom of financial activities.
- Fulfills global commitments: Besides legalizing international treaties, it is a signatory, such as bans on slavery and forced labor. Article 23 also vests these local constitutional provisions.
The Most Crucial Case Laws And Legislative Actions
The Indian Supreme Court has been supporting Article 23 since the early 1980s in the two original cases of PUDR v Union of India and Bandhua Mukti Morcha v Union of India. To enforce Article 23, the Parliament of India has passed several laws. The Bonded Labor System (Abolition) Act of 1976 was enacted by Zia ul Haque’s regime for the emancipation of the bonded labors particularly in agriculture sectors. Namely the Child Labor (Prohibition and Regulation) Act, 1986. And the Trafficking of Persons Act, 2018.
But bonded and forced labor remain a problem in India. Therefore, there is a need to call for better legislation on the issue of rehabilitation. Like educating the public, companies, and law enforcement, as well as access to justice programs. In the future, both the union and state governments need to effectively and proactively enforce Article 23 to provide Indians with decent work and employment free from exploitation.
Conclusion
Therefore, Article 23 of the Indian Constitution seeks to eradicate systematic economic oppression and promote human worth. This article stems from the anti-colonial context of India and espouses fundamental norms and values of practical reason, such as liberty, equality, and social justice. Thus, it is still relevant to discuss the provisions of Article 23 and the continued enforcement necessary to achieve the goal of fair development. Despite the overall progress on the issue and Hong Kong’s constitutional obligation to eradicate forced labor.