Article 42

Article 42 of the Indian Constitution is a crucial component of the Directive Principles of State Policy (DPSPs), reflecting the commitment of the Indian State to ensure social and economic justice for workers. It mandates the State to secure just and humane conditions of work and to provide maternity relief for women. This article encapsulates the constitutional vision of a welfare state where the dignity, safety, and well-being of labourers and women are protected and promoted.

Background and Constitutional Philosophy

The inclusion of Article 42 in the Constitution was influenced by the principles of social justice and humanitarian labour standards enshrined in international charters such as the International Labour Organization (ILO) conventions. The framers of the Constitution sought to address the exploitation and poor working conditions prevalent during the colonial period, particularly in industrial and agricultural sectors.
The Constituent Assembly envisioned India as a welfare state where economic development would go hand in hand with humane working conditions, fair treatment of labour, and protection of women workers. Article 42 therefore stands as a directive to the State to safeguard workers’ dignity and to promote an equitable work environment conducive to human welfare and family well-being.

Text and Objective of Article 42

Article 42 provides:“The State shall make provision for securing just and humane conditions of work and for maternity relief.”
The article has two major objectives:

1. Just and Humane Conditions of Work: To ensure that the working environment in all occupations, whether industrial, agricultural, or service-based, respects human dignity, health, and safety.
2. Maternity Relief: To protect women workers by providing adequate maternity benefits, ensuring that childbirth does not jeopardise their employment, income, or well-being.

This article thus directs the State to create legal and policy frameworks that uphold the welfare of workers, safeguard labour rights, and promote gender equity in the workplace.

Significance of Article 42

Article 42 holds immense significance in advancing the principle of social justice and ensuring the protection of labour rights. Its key contributions include:

• Promoting humane working environments by reducing exploitation, occupational hazards, and inhumane labour practices.
• Ensuring the physical and mental well-being of workers through laws regulating hours of work, safety standards, and wages.
• Recognising maternity relief as an essential aspect of women’s rights and equality in employment.
• Laying the foundation for a compassionate and inclusive workforce policy that balances productivity with welfare.

In essence, Article 42 not only safeguards labour welfare but also contributes to the broader constitutional ideals of justice, equality, and human dignity.

Legislative Implementation

To give effect to the objectives of Article 42, several legislative measures have been enacted by the Indian Parliament and state legislatures. Prominent among them are:

• The Factories Act, 1948: Regulates working conditions in factories, including safety measures, working hours, and welfare provisions for workers, especially women and children.
• The Mines Act, 1952: Provides for health and safety standards in mining operations.
• The Maternity Benefit Act, 1961 (amended in 2017): Grants maternity leave, nursing breaks, and other benefits to women employees. The 2017 amendment increased maternity leave from 12 to 26 weeks and introduced provisions for crèche facilities and work-from-home options.
• The Contract Labour (Regulation and Abolition) Act, 1970: Ensures fair working conditions and safeguards for contract labourers.
• The Occupational Safety, Health and Working Conditions Code, 2020: Consolidates and modernises various labour laws to improve safety, health, and welfare standards for workers across sectors.

These laws collectively operationalise the constitutional vision of just and humane working conditions envisaged under Article 42.

Judicial Interpretation and Landmark Cases

The Indian judiciary has expanded and reinforced the scope of Article 42 through progressive judgments that link it to Fundamental Rights, particularly Articles 14, 21, and 23.

• People’s Union for Democratic Rights v. Union of India (1982): The Supreme Court stressed that humane working conditions are intrinsic to the right to life and dignity under Article 21. The Court condemned exploitative labour practices and reaffirmed the State’s duty to protect workers’ rights.
• M. C. Mehta v. State of Tamil Nadu (1996): The Court directed the State to eliminate child labour and ensure safe, humane working conditions, underscoring the moral imperative of Article 42.
• Vishaka v. State of Rajasthan (1997): The Supreme Court laid down guidelines to prevent sexual harassment at the workplace, affirming that ensuring a safe and dignified environment for women workers is part of the State’s obligation under Article 42.
• Bharat Heavy Electricals Ltd. v. State of U.P. (2003): The Court reiterated that humane working conditions are essential to protect the dignity of labour and must be upheld through legislative and administrative measures.

Through these rulings, the judiciary has affirmed that the principles of Article 42 form an integral part of India’s constitutional guarantee of dignity and equality.

Relation with Other Constitutional Provisions

Article 42 is closely linked with several other provisions of the Constitution that collectively uphold the dignity and rights of labour:

• Article 39(e) and (f): Direct the State to protect the health and strength of workers and children.
• Article 41: Ensures the right to work, education, and assistance in cases of need.
• Article 43: Mandates living wages and decent working conditions for workers.
• Article 15(3): Permits special provisions for women and children, enabling gender-specific welfare measures.

Together, these provisions form a comprehensive framework for labour welfare, social justice, and gender equality in India.

International Alignment and Standards

Article 42 aligns with global conventions and standards established by the International Labour Organization (ILO). India is a signatory to several ILO conventions concerning worker welfare, such as:

• Convention No. 183 (2000): Maternity Protection Convention.
• Convention No. 155 (1981): Occupational Safety and Health Convention.
• Convention No. 189 (2011): Decent Work for Domestic Workers.

By adhering to these international norms, India reinforces its constitutional commitment to humane labour practices and women’s welfare.

Challenges in Implementation

Despite a robust legal framework, several challenges persist in realising the goals of Article 42:

• Informal sector vulnerability: A large proportion of India’s workforce remains outside the formal sector, depriving workers of statutory protections.
• Poor enforcement: Inadequate monitoring and weak implementation of labour laws hinder the achievement of humane working conditions.
• Gender inequality: Discrimination and lack of maternity benefits persist in many unorganised workplaces.
• Awareness deficit: Many workers, especially in rural and informal sectors, remain unaware of their legal rights and entitlements.
• Occupational hazards: Unsafe working environments, particularly in construction and manufacturing industries, continue to endanger workers’ health and safety.

Overcoming these challenges requires stronger institutional mechanisms, effective labour inspections, and enhanced awareness among both employers and employees.

Contemporary Developments

Recent policy initiatives and reforms aim to strengthen the objectives of Article 42:

• Maternity Benefit (Amendment) Act, 2017: Expanded maternity leave and introduced provisions for adoptive and commissioning mothers.
• Occupational Safety and Health Code, 2020: Modernised labour standards for workplace safety.
• Gender Equality Programmes: Promotion of workplace gender sensitivity, anti-harassment mechanisms, and equal opportunity policies.
• Digital labour platforms: Encouragement of technological interventions for grievance redressal and social security coverage for gig and platform workers.

These initiatives reflect the evolving understanding of humane working conditions in a modern, diverse economy.

Significance in the Constitutional Framework

Article 42 exemplifies the transformative spirit of the Constitution by linking economic progress with human dignity. Its emphasis on humane work conditions and maternity relief:

• Strengthens labour rights as an essential part of human rights.
• Promotes gender justice by recognising motherhood as a social function deserving legal protection.
• Balances industrial growth with social welfare, ensuring sustainable development rooted in justice and compassion.

By directing the State to prioritise worker welfare, Article 42 ensures that economic advancement does not come at the expense of human dignity or equality.

Conclusion

Article 42 of the Indian Constitution stands as a testament to the nation’s commitment to labour welfare, gender equality, and social justice. It compels the State to ensure just and humane working conditions and to provide maternity relief, thereby safeguarding the dignity and well-being of workers.