Article 23.

Prohibition of Traffic in Human Beings and Forced Labour

(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited
and any contravention of this provision shall be an offence punishable in accordance with
law.

(2) Nothing in this article shall prevent the State from imposing compulsory service for
public purpose, and in imposing such service the State shall not make any discrimination on
grounds only of religion, race, caste or class or any of them.

Article 24. Prohibition of Employment of Children in Factories, etc. No child below the
age of fourteen years shall be employed to work in any factory or mine or engaged in any
other hazardous employment.

Article 39 (e) that the health and strength of workers, men and women, and the tender age of
children are not abused and that citizens are not forced by economic necessity to enter
avocations unsuited to their age or strength;

(f) that children are given opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment.

As an adjunct to the guarantee of personal liberty and the prohibition against discrimination,
the Constitution provides for provisions to prevent exploitation of weaker sections of the
society by State or unscrupulous persons.

Slavery in its ancient form may not so much be a problem in every State today but its newer
forms which are labelled in the Indian Constitution under the general term ‘exploitation’ is
serious threat to human rights. The Constitution has used a more comprehensive expression
‘traffic in human beings’ for slavery.

THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976 (19 of 1976)

Sec 2 (g) "bonded labour system" means the system of forced, or partly forced, labour under
which a debtor enters, or has, or is presumed to have, entered, into an agreement with the
creditor to the effect that,- (i) in consideration of an advance obtained by him or by any of his
lineal ascendants or descendants (whether or not such advance is evidenced by any
document) and in consideration of the interest, if any, due on such advance, or (ii) in
pursuance of any customary or social obligation, or (iii) in pursuance of an obligation
devolving on him by succession, or (iv) for any economic consideration received by him or
by any of his lineal ascendants or descendants, or (v) by reason of his birth in any particular
caste or community,- he would- (1) render, by himself or through any member of his family,
or any person dependent on him, labour or service to the creditor, or for the benefit of the
creditor, for a specified period or for an unspecified period, either without wages or for
nominal wages, or (2) for the freedom of employment or other means of livelihood for a
specified period or for an unspecified period, or (3) forfeit the right to move freely throughout
the territory of India, or (4) forfeit the right to appropriate or sell at market value any of his
property or product of his labour or the labour of a member of his family or any person
dependent on him, and includes the system of forced, or partly forced, labour under which a
surety for a debtor enters, or has, or is presumed to have, entered, into an agreement with the
creditor to the effect that in the event of the failure of the debtor to repay the debt, he would
render the bonded labour on behalf of the debtor;

1
1. People’s Union for Democratic Rights v Union of India, AIR 1983 SC 1473
Employment of Children in Asiad Games of 1982, Construction work was held to be
hazardous work.

Child Labour (Prohibition & Regulation) Act, 1986

THE CHILD AND ADOLESCENT LABOUR (PROHIBITION AND
REGULATION) ACT, 1986 [Amendment Act Of 2016]
2. Sanjit Singh v State of Bihar AIR 1983 SC 328- Held. Constitution also prohibits
forced labour labour or any form which is similar to beggar, an indigenous system
under which landlords sometimes used to compel their tenants to render free service.
Bonded Labour System (Abolition) Act, 1976

3. State of Gujarat v Hon’ble High Court (1998) 7 SCC 392 Held- Prisoners serving
rigorous imprisonment can be subjected to exaltation of hard labour.

4. Deena v Union of India AIR 1983 SC 1155

Held. Labour taken from prisoners without paying proper remuneration was forced
labour and violative of Article 23.

5. Bhandhua Mukti Morcha v Union of India AIR 1984 SC 802 – Bonded Labour case

6. MC Mehta v State of Tamil Nadu AIR 1997 SC 699

Employment of Children in Sivkasi Crackers Factories
Child Labour Rehabilitation Welfare Fund was set up for freed children