Article 23 in Hindi: अनुच्छेद 23 क्या है, महत्व और मुख्य प्रावधान

In independent India’s formative years, the architects of the Constitution recognized the need to eradicate deeply rooted social injustices. Article 23 of the Indian Constitution stands as a testament to this vision, explicitly prohibiting human trafficking and forced labor. More than a legal provision, Article 23 has become a societal safeguard, shaping progressive lawmaking and empowering millions who have historically been marginalized. With “article 23 in Hindi” being a top search term, it’s evident that public awareness and understanding of this fundamental right remain crucial for a just and equitable society.

What Is Article 23? – अनुच्छेद 23 की मूल जानकारी

Article 23, enshrined under Part III (Fundamental Rights), provides protection against exploitation by banning traffic in human beings, begar (forced labor), and other similar forms of forced labor. In Hindi, Article 23 states:

“मानव-तस्करी और भिक्षावृत्ति तथा ऐसे समान अन्य रूपों का निषेध।”

At its core, Article 23 ensures:

• Complete prohibition of trafficking in persons
• Ban on begar or any form of forced labor
• Legal recourse for victims, regardless of social or economic status
• Restrictions extend to both State and private parties

The reach and application of Article 23 make it an essential legal shield for some of the most vulnerable groups in Indian society.

Historical Context: Why Article 23 Was Needed

India’s history is marred by caste-based exploitation, bonded labor, and trafficking of women and children. During colonial times and even post-independence, forced labor—often justified by social customs—was alarmingly prevalent.

In rural regions, “begar” was imposed on landless peasants, tribals, and lower-caste communities, compelling them to work for landlords or the State without payment. Human trafficking—especially of women and children for prostitution or manual labor—persisted as a tragic legacy of a rigid social structure.

By including Article 23, the Constitution’s framers sent a clear message. As Dr. B.R. Ambedkar noted in the Constituent Assembly Debates:

“No society can claim to be truly free where its people are subject to forced labor or trafficking. Article 23 is a cornerstone in our commitment to human dignity.”

Main Provisions and Scope of Article 23

Explicit Prohibitions

Article 23(1) prohibits three key forms of exploitation:

1. Human Trafficking: The illegal trade of persons for purposes such as sexual exploitation, slavery, or servitude.
2. Begar: Compulsory and unpaid labor, typically extracted by coercive social arrangements.
3. Similar Forms of Forced Labor: Any labor obtained under compulsion, threat, or by exploiting vulnerable persons.

Article 23(2): Exception for State-Required Service

The Article adds a unique caveat: compulsory service for public purposes by the State is allowed, provided that such services do not discriminate solely on grounds of religion, race, caste, or class. Examples may include jury duty, national service, or certain government-mandated obligations during calamities. However, such services must remain free from discrimination.

Legal Mechanisms and Redressal

Victims of violations under Article 23 can seek remedies through fundamental rights enforcement under Article 32 (writ jurisdiction of Supreme Court) and Article 226 (High Courts). In practice, these constitutional safeguards are supported by several criminal and civil statutes, notably:

• The Bonded Labour System (Abolition) Act, 1976: Completely abolishes bonded labor, providing for identification and rehabilitation of freed laborers.
• The Immoral Traffic (Prevention) Act, 1956: Targets trafficking, focusing on prohibition, rescue, and rehabilitation of trafficking victims.
• Child Labour (Prohibition and Regulation) Act, 1986: Additional layer of protection for minors.

Real-World Application: Article 23 in Action

Judicial Interventions

The Supreme Court of India has repeatedly emphasized the expansive nature of Article 23. In People’s Union for Democratic Rights v. Union of India (1982), popularly known as the “Asiad Workers case”, the Court held that failure to pay minimum wages amounts to ‘forced labor’, and hence is a violation of Article 23.

In another landmark, Vishal Jeet v. Union of India (1990), the Court directed both Central and State governments to progressively eradicate child trafficking and forced prostitution, citing Article 23 as the constitutional basis.

Government Initiatives and Policy Responses

State and central authorities have periodically launched anti-trafficking and anti-bonded labor drives, often in partnership with NGOs. For instance, the National Human Rights Commission’s recommendations have led to large-scale identification and liberation of bonded laborers in states like Uttar Pradesh, Bihar, and Odisha.

Despite policy progress, implementation gaps persist. According to various ground reports, thousands continue to be trapped in debt bondage or trafficked annually. The challenge is compounded by socio-economic vulnerabilities and poor legal literacy, making awareness campaigns and legal aid crucial.

The Social and Economic Impact of Article 23

The significance of Article 23 extends beyond legal prohibition to tangible social transformation. By outlawing forced labor and trafficking, it:

• Reduces exploitation in industries like agriculture, brick kilns, domestic work, and construction
• Empowers marginalized castes, women, and children by providing legitimate means for redressal
• Drives social change by reshaping labor practices and increasing the accountability of employers
• Encourages civil society initiatives and anti-trafficking programs

A study by the International Labour Organization (ILO) estimates that, globally, forced labor deprives workers of billions of dollars in wages every year. India, by constitutional decree, has taken a bold step towards not just compliance but active enforcement.

“Article 23 has fundamentally altered the power dynamics in rural India. It gives legal teeth to efforts against exploitation and has steadily encouraged authorities to look beyond paperwork to the lived realities of workers.”

— Human Rights Lawyer, Delhi

Article 23 in Hindi: Understanding Its Meaning and Importance

The demand to understand “article 23 in Hindi” reflects the diversity of Indian audiences seeking clarity about their rights in their own language. This inclusiveness aligns with the vision of making the Constitution accessible to all, not just to legal professionals. Civil society organizations, education boards, and government portals widely publish plain-language explanations and child-friendly guides.

The Hindi text emphasizes terms like “मानव-तस्करी” (human trafficking) and “भिक्षावृत्ति” (begar or forced labor), making the rights tangible for the Hindi-speaking populace. Awareness in local languages is vital for effective law enforcement and, crucially, for the self-advocacy of vulnerable groups.

Continuing Challenges and Strategic Recommendations

Despite the robustness of Article 23, the battle against exploitation is far from won. Persistent challenges include:

• Socio-economic inequality: Poverty continues to be a root cause of trafficking and forced labor.
• Awareness gaps: Many victims are unaware of their constitutional protections or how to access legal support.
• Enforcement limitations: Local authorities sometimes lack training or resources for effective intervention.
• New forms of exploitation: Online human trafficking and unregulated migration present fresh challenges.

To address these, experts recommend:

• Strengthening legal literacy campaigns, particularly in rural and vulnerable communities
• Providing better rehabilitation and job training for rescued victims
• Investing in capacity building for law enforcement and judiciary
• Leveraging technology for early detection of trafficking networks

Conclusion: Article 23’s Role in Shaping a Just Society

Article 23 remains a pillar of India’s constitutional commitment to dignity and non-exploitation. By prohibiting trafficking and forced labor, it has set progressive legal standards, influenced national policy, and provided recourse for generations of vulnerable citizens. Ongoing vigilance, robust implementation, and grassroots awareness will determine whether the safeguards enshrined in Article 23 translate fully into everyday reality. Ensuring that every citizen understands the essence of “अनुच्छेद 23 क्या है” empowers India to move closer to its democratic ideals.

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FAQs

Q1: What does Article 23 specifically prohibit?
Article 23 prohibits trafficking in human beings, begar (forced labor), and all forms of similar exploitation, making them illegal and punishable by law.

Q2: How does Article 23 protect vulnerable groups?
The Article ensures that marginalized individuals—such as those from lower castes, tribal communities, or economically disadvantaged backgrounds—cannot be forced into labor or trafficked, offering them constitutional recourse.

Q3: Does Article 23 allow for any type of compulsory service?
Yes, Article 23(2) allows the State to mandate certain types of public service, like national duties, but it must not discriminate based on religion, race, caste, or class.

Q4: What laws support the enforcement of Article 23?
Several laws back Article 23, including the Bonded Labour (Abolition) Act, 1976, the Immoral Traffic (Prevention) Act, 1956, and the Child Labour (Prohibition and Regulation) Act, 1986.

Q5: Why is understanding Article 23 in Hindi important?
Awareness in Hindi and local languages helps the broader population understand their rights and empowers vulnerable communities to recognize and challenge exploitation.

Q6: Can private individuals or organizations also be held liable under Article 23?
Yes, Article 23 applies not only to State actions but also prohibits exploitation by private parties, making its reach comprehensive and effective.