Consider the following statements regarding the Right against Exploitation under Article 23 of the Indian Constitution:
1. The protection under Article 23 is available against both the State and private individuals.
2. The state is completely prohibited from imposing compulsory service for public purposes under any circumstance.
3. The payment of wages below the minimum statutory wage limit amounts to 'forced labor' within the meaning of Article 23.

Which of the statements given above are correct?

Question

Consider the following statements regarding the Right against Exploitation under Article 23 of the Indian Constitution:
1. The protection under Article 23 is available against both the State and private individuals.
2. The state is completely prohibited from imposing compulsory service for public purposes under any circumstance.
3. The payment of wages below the minimum statutory wage limit amounts to 'forced labor' within the meaning of Article 23.

Which of the statements given above are correct?

Accepted Answer

Statements 1 and 3 are correct: Article 23 protects individuals from exploitation by both the state and private entities. In the landmark Sanjit Roy vs. State of Rajasthan case, the Supreme Court held that providing less than minimum wages constitutes forced labor under Article 23. Statement 2 is incorrect: Article 23(2) expressly permits the State to impose compulsory service for public purposes (like military conscription or social service), provided it does not discriminate solely on grounds of religion, race, caste, or class.

Answer

Answer