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Human trafficking law: Article 23, ITPA, BNS Section 143 and AHTUs

By CAShorts DeskPublished Sources: Supreme Court of India (Prajwala v. Union of India, 2026); Constitution of India; India Code (BNS, 2023); LiveLaw; Eastern Mirror; Deccan Herald

Why in news: Reported on 18 October 2026: the Supreme Court directed all States and UTs to notify Anti-Human Trafficking Units as police stations.

Human trafficking law: Article 23, ITPA, BNS Section 143 and AHTUs
Illustration (AI-generated)

Article 23 of the Constitution prohibits traffic in human beings and forced labour. The Immoral Traffic (Prevention) Act, 1956 targets trafficking for commercial sexual exploitation, while Section 143 of the Bharatiya Nyaya Sanhita, 2023 defines trafficking by action, means and purpose. The Supreme Court has now directed States and UTs to notify Anti-Human Trafficking Units as police stations.

Syllabus: GS2 · Constitution; Prelims · Polity & Governance; GS1 · Women, Population & Urbanisation

Why this matters for UPSC

GS2 fundamental rights and protection of vulnerable sections: Prelims asks what Article 23 and Article 24 prohibit and how BNS Section 143 defines trafficking; Mains asks why trafficking victims are still treated as offenders.

In short

Human trafficking is the recruitment or movement of a person by coercion or deceit for exploitation; Article 23 of the Constitution prohibits it as a fundamental right against exploitation.

India's anti-traffickingframeworkArticle 23ITPA, 1956BNS Section 143District AHTUsVictim ProtectionPlan

India's trafficking law punishes well but protects poorly; notified AHTUs and one victim-centred statute must turn rescue into rehabilitation.

Why it matters

A girl lured from a poor village with the promise of a job can be sold far from home and trapped by a debt she can never repay. When she is rescued, the law can still treat her as an offender, hold her in a home for years and leave her without work, so she may be trafficked again. A district unit that is a police station can register her case and chase the whole network instead of waiting for local stations. The larger issue is whether India treats trafficking only as a crime to punish or also as a violation of a person's dignity that requires rehabilitation.

Prelims pointers

  • Article 23(2): the State may impose compulsory service for public purposes, without discrimination on grounds only of religion, race, caste or class.
  • PUDR v. Union of India (1982): Articles 17, 23 and 24 are enforceable against private persons, not only against the State.
  • BNS Section 143 penalties: seven to ten years' rigorous imprisonment; ten years to life for a child; natural-life imprisonment if a police officer is involved.
  • BNS Section 144 punishes engaging a trafficked child or person for sexual exploitation; Section 111 defines organised crime as a separate offence.
  • ITPA Section 2(f): prostitution means the sexual exploitation or abuse of persons for commercial purposes.
  • ITPA Section 22A: a State government may set up special courts for speedy trial, after consulting the High Court.
  • Seventh Schedule, State List: entry 1 is public order and entry 2 is police, so States notify police stations.
  • Palermo Protocol (2000) supplements the UN Convention against Transnational Organized Crime; for a child, proof of means is not required.

Practise a UPSC-style question

With reference to the Constitution of India, consider the following statements:

1. Article 23 prohibits traffic in human beings and begar, and makes any contravention an offence punishable in accordance with law.

2. Article 24 bars the employment of children below fourteen years in factories, mines or any other hazardous employment.

Which of the statements given above is/are correct?

  1. (a) 1 only
  2. (b) 2 only
  3. (c) Both 1 and 2
  4. (d) Neither 1 nor 2
Show the answer

Answer: (c) Both 1 and 2

Answer: (c) Both 1 and 2. Both statements reproduce the text of the Right against Exploitation in Part III.

Statement 1: correct. Article 23(1) prohibits traffic in human beings, begar and similar forced labour, and any breach is an offence punishable in accordance with law.

Statement 2: correct. Article 24 says no child below fourteen shall work in any factory or mine or be engaged in any other hazardous employment.

Eliminate: Statement 1 is the plain text of Article 23, so options without 1 go. Out: (b), (d).

Eliminate: Statement 2 is the plain text of Article 24, so it must be included too. Out: (a).

Trap: Look-alike names. Articles 23 and 24 sit side by side; a student who swaps trafficking and child labour between them doubts one statement.

Remember: Article 23 = trafficking, begar, forced labour; Article 24 = no child below 14 in factories, mines, hazardous work.

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