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Articles 23 and 24 of the Constitution of India: Right Against Exploitation

Articles 23 and 24 form part of the Fundamental Rights in Part III of the Constitution of India. Together, they protect persons against human trafficking, begar and other forms of forced labour, and protect children below fourteen years from employment in factories, mines and other hazardous employment.

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Important correction: Article 24 ends after the prohibition concerning a child below fourteen years. Text concerning preventive detention does not form part of Article 24 and has therefore been removed from this updated page.

Article 23 - Prohibition of traffic in human beings and forced labour

Article 23 is a constitutional guarantee against exploitation. The official constitutional text provides:

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 purposes, 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.

Meaning and scope of Article 23

Traffic in human beings refers broadly to dealing in persons for exploitation. Article 23 expressly prohibits such traffic and makes contravention punishable according to law.

Begar is compulsory work exacted without payment. The expression "other similar forms of forced labour" gives Article 23 a wider reach than begar alone. The constitutional protection is directed against compelled labour and exploitation, subject to the public-purpose service permitted by clause (2).

Compulsory service for public purposes: Article 23(2) permits the State to impose compulsory service for a public purpose. When doing so, the State cannot discriminate only on the grounds of religion, race, caste or class, or any of them.

Article 24 - Prohibition of employment of children in factories, etc.

Article 24 creates a specific constitutional protection for children below fourteen years of age. The official text states:

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 24 should be read with the statutory protections enacted by Parliament, particularly the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, as amended.

Current law on child and adolescent labour

The Child Labour (Prohibition and Regulation) Act, 1986 was substantially amended in 2016 and is now referred to as the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986. The amended framework generally prohibits employment or work of children below fourteen years in occupations and processes, subject to statutory exceptions, and prohibits adolescents aged fourteen to eighteen years from employment in hazardous occupations and processes specified under the Act.

The 2016 amendment came into force on 1 September 2016. The Central Government also amended the rules in 2017 and revised the Schedule dealing with hazardous occupations and processes.

Official legal resources

For the authoritative constitutional text, see the Constitution of India published by the Legislative Department. For child labour legislation and rules, see the Ministry of Labour and Employment - Legislative Provisions. Central Acts may also be checked through India Code.

Legal information: This article is intended for general legal information. For a particular dispute, prosecution, employment issue or constitutional remedy, the applicable statute, rules, notifications and current judicial decisions should be checked on their facts.