Article 42 is a significant directive principle of state policy under Part IV of the Indian Constitution. It embodies the commitment of the State towards establishing a welfare society by ensuring equitable and dignified working conditions for all, alongside specific provisions for the well-being of working women during and after pregnancy. This article serves as a fundamental guideline for the State in formulating legislation and policies concerning labour welfare and social security.
Rooted in the principles of social justice and human dignity, Article 42 aims to mitigate the hardships faced by workers and mothers, recognizing that a healthy workforce and supported motherhood are crucial for national development and social equity. While not justiciable, its principles are considered fundamental in the governance of the country and are expected to guide the State in making laws.
Original Text
“The State shall make provision for securing just and humane conditions of work and for maternity relief.”
Detailed Explanation
Article 42 mandates the State to take proactive steps to ensure that the environment in which people work is not only safe but also conducive to their physical and mental well-being (“just and humane conditions of work”). This includes aspects such as reasonable working hours, adequate rest intervals, sanitation, safety measures, and other facilities necessary for maintaining the health and dignity of the worker. The phrase “just and humane” goes beyond mere safety to encompass a work environment free from exploitation and respectful of human dignity.
The second part of the article specifically directs the State to make provisions for “maternity relief”. This acknowledges the unique needs of women workers during pregnancy and after childbirth. Maternity relief typically includes paid leave before and after delivery, protection from dismissal during pregnancy or leave, and access to facilities that allow mothers to care for their infants while working, such as creches or nursing breaks. This provision is crucial for protecting the health of both the mother and the child and for ensuring that women are not disadvantaged in the workforce due to their reproductive role. Together, these two directives reflect the Constitution’s vision of a State that actively promotes the welfare and social security of its citizens, particularly the vulnerable sections like workers and working mothers.
Detailed Notes
- Part IV of the Indian Constitution (Directive Principles of State Policy - DPSPs).
- Nature: A directive principle, not justiciable (cannot be enforced in court).
- Fundamental in the governance of the country; State has a moral and constitutional obligation to apply these principles in making laws.
- Mandates the State to “make provision” - implying active measures and legislative action.
- Comprises two key directives:
- Securing “just and humane conditions of work”.
- Providing for “maternity relief”.
- “Just and humane conditions of work”:
- Refers to creating a work environment that is safe, healthy, and respects human dignity.
- Includes ensuring reasonable working hours, rest periods, safe machinery, hygienic conditions, ventilation, lighting, protection from hazardous substances, and welfare facilities (like drinking water, restrooms).
- Aims to prevent exploitation and safeguard the worker’s physical and mental health.
- Forms the basis for various labour laws in India (e.g., Factories Act, Mines Act, Plantation Labour Act).
- “Maternity relief”:
- Refers to providing benefits and support to working women during and after pregnancy.
- Typically includes paid leave for a specified period before and after childbirth (maternity leave).
- Protection against dismissal from employment on grounds of pregnancy or absence during maternity leave.
- Provision for nursing breaks and potentially creche facilities at the workplace.
- Aims to protect the health of the mother and child, ensure the mother’s economic security, and prevent discrimination against women in employment due to motherhood.
- Forms the basis for legislation like the Maternity Benefit Act, 1961 (and its subsequent amendments, notably the 2017 amendment).
- Reflects the Indian state’s commitment to building a welfare state and upholding principles of social justice and human rights in the workplace.
- Guides legislation and judicial interpretation related to labour law, women’s rights, and social security.
Additional Comments
- Article 42 is often read in conjunction with other DPSPs like Article 39 (especially 39(e) regarding the health and strength of workers) and Article 43 (regarding a living wage and conditions ensuring a decent standard of life).
- It provides a constitutional basis for social welfare legislation benefiting workers, particularly women.
- The judiciary, while unable to directly enforce Article 42, has often used it to interpret and uphold the validity of labour laws, viewing them as instruments for achieving the goals set out in this directive principle.
- Implementation is primarily through specific laws like the Maternity Benefit Act, 1961, the Employees’ State Insurance Act, 1948, the Factories Act, 1948, etc., which mandate employers to provide specific conditions and benefits.
- The Maternity Benefit (Amendment) Act, 2017 significantly extended paid maternity leave duration, demonstrating the State’s effort to progressively realize the mandate of Article 42.
- It aligns with international labour standards and conventions, such as those promoted by the International Labour Organization (ILO).
Summary
Article 42 of the Indian Constitution is a Directive Principle requiring the State to enact measures ensuring that working conditions are fair, safe, and respectful of human dignity. It also specifically directs the State to make provisions for maternity relief, providing essential support and benefits to working women during pregnancy and after childbirth. This article serves as a guiding principle for the State in formulating labour laws and social security policies aimed at promoting worker welfare and supporting working mothers.