Article 23 (1) forbids the trade of human beings, beggar (forced labor), and other comparable types of coerced labor.

Practices prohibited under article 23

• Traffic in human beings: This term implies selling and buying of people from one person to another, sometimes from one country to another, as if they are their personal possessions. The expression ‘traffic in human beings’ include; selling and buying of men, women and children like goods; immoral traffic in women and children, including prostitution, devadasis and slavery. 
• Begar and other forms of forced labour: It was a peculiar Indian system under which the local zamindars sometimes used to force their tenants to render services without any payment. In the case Peoples Union for democratic rights vs Union of India this term was interpreted by the court. ‘Begar’ is considered a type of involuntary labor in which an individual is made to work without payment. The word ‘force’ in the article refers to the notion of compulsion, meaning that an individual is made to work contrary to their wishes. The force here includes physical or legal force; also the use of economic and social sanction which gives a sense of helplessness and compels a person to perform labour will attract violation of Article 23. 

Key Facts About Article 23

• • Applicability: This right is available to both citizens and non-citizens. 

• Provides protection: It protects the individual not only against the State but also against private persons. 
• Implementation by law: Any violation of this provision shall constitute an offense punishable under the law. This indicates that this fundamental right lacks self-execution, requiring legislative action for its enforcement. In line with Article 23, Parliament has enacted the Suppression of Immoral Traffic in Women and Girls Act, 1956, to penalize human trafficking.

Exceptions to Article 23

Article 23(2) states that nothing within this article shall stop the State from imposing mandatory service for public purposes, and in such cases the state must not discriminate based solely on religion, race, caste, class, or any combination thereof.

• Reflected in Fundamental duty: This provision is echoed in Article 51A(d), which establishes it as a fundamental duty of citizens to defend the nation and provide national service when required. 
• Empowers the State: The State is granted the authority to mandate services for public purposes, such as compulsory military or social service, for which no payment is guaranteed. 
• No discrimination by State: When implementing such compulsory service, the state must ensure it does not discriminate based on religion, race, caste, class, or similar grounds.

Supreme Court Judgments on Article 23

• • Vishal Jeet vs Union of India (1990): The Supreme Court highlighted the urgent need to combat child trafficking, as this social issue continues to thrive despite existing legislation. The court directed both the Central and State governments to take prompt action to enforce current laws against child prostitution, establish an advisory committee for suggestions on measures necessary to eliminate child prostitution, and provide rehabilitation for victims, while also creating rehabilitation centers and forming a committee at the national level to recommend strategies to prevent the sexual exploitation of children. 

• Gaurav Jain vs Union of India (1997): In this case, the court issued comprehensive guidelines concerning the rehabilitation of prostitutes and their children within society. The ruling indicated that women engaged in prostitution should not be regarded as offenders but rather as victims of challenging socio-economic circumstances. The court stressed the importance of enabling these women to achieve economic independence through self-employment and vocational training, called for establishing juvenile homes for their children to secure their rehabilitation and safety, and instructed the formation of a committee to analyze the issue and develop schemes for the upliftment of these victims.