Prohibition of traffic in human beings and forced labour

Article 17, Draft Constitution of India 1948

(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. In imposing such service the State shall not make any discrimination on the ground of race, religion, caste or class.

Article 23, Constitution of India 1950

(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 impairing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.

Draft Article 17 (Article 23) was debated in the Assembly on 3rd December 1948. It prohibited human trafficking and forced labour.

A member proposed that in addition to the specific mention of ‘begar’, the Article also make mention of ‘devadasi’ – the social practice of dedicating young women to temples which amounted to trafficking. In response, a member argued that this practice could be wiped out through ordinary legislation; moreover, public opinion had already mobilized against the practice. Further, he contended that the Draft Article was intended to apply only to social practices which had the support of vested interests. This amendment was therefore, rejected.

One member wanted to provide for compensation for individuals performing compulsory service. The Chairman of the Drafting Committee argued that this was unnecessary since such service may not impact the ability of a person to earn their livelihood.

The Draft Article was adopted with a minor amendment on the same day, that is 3 December 1948.