Q1. Which of the following practices is specifically prohibited by Article 23 of the Indian Constitution as a violation of fundamental rights?
- (a) Child labour in hazardous industries
- (b) Begar and human trafficking
- (c) Directive Principles of State Policy
- (d) Preventive detention without trial
Answer & solution
Answer: (b) Begar and human trafficking
Article 23 prohibits traffic in human beings, begar (unpaid forced work) and other similar forms of forced labour; any breach is an offence punishable by law.
Child labour in hazardous work is the subject of the next Article, Article 24.
Revision note — Right against Exploitation (Articles 23–24)
• Article 23(1) — bans traffic in human beings (selling and buying of persons, immoral traffic, devadasi-type practices), begar and forced labour; it protects citizens and foreigners alike and is enforceable against private persons too.
• Article 23(2) — the State may impose compulsory service for public purposes (military or social service) but may not discriminate on grounds of religion, race, caste or class while doing so.
• Article 24 — no child below 14 years may be employed in a factory, mine or any other hazardous employment.
• Supporting laws: Bonded Labour System (Abolition) Act 1976, Immoral Traffic (Prevention) Act 1956, Child Labour (Prohibition and Regulation) Act 1986 (amended 2016), Minimum Wages Act 1948.
• In People's Union for Democratic Rights v Union of India (1982) the Supreme Court held that paying less than the minimum wage amounts to forced labour under Article 23.
• The other options belong elsewhere: preventive detention is dealt with in Article 22, and the Directive Principles are Part IV (Articles 36–51) of the Constitution.
Do not mix these up
• Article 23 vs Article 24 — Article 23 is about forced labour and trafficking of any person; Article 24 is about child labour below 14 in hazardous work.
• Article 22 vs Article 23 — Article 22 gives safeguards on arrest and preventive detention; it is part of the Right to Freedom, not the Right against Exploitation.
Also asked from this topic: what Article 23 prohibits (traffic in human beings, begar and forced labour); the Article barring children below 14 from hazardous work (Article 24); the Articles of the Right against Exploitation (23–24).