JUST AND HUMANE CONDITIONS OF WORK

Article 42 requires the state to make provision for securing just and humane conditions of
work and for maternity relief. Article 42 provides the basis of the large body of labour law
that are in India. Referring to Arts. 42 and 43, the Supreme Court has emphasized that the
Constitution expresses a deep concern for the welfare of the workers. By reading Article 21
with several Directive principles including Art 42, the Supreme Court has given broad
connotation to Art 21 so as to include therein “the right to live with human dignity”.
Substantial steps have been taken to fulfill the object of Article 42 of the Constitution. The
Factories Act, 1948 provides for health, safety, welfare, employment of young persons and
women, hours of work for adults and children, holidays and leave with wages. Labour
welfare funds have been set-up to provide welfare facilities to the workers employed in
different mines such as coal, mica, iron ore and limestone. The Contract Labour (Regulation
and Abolition) Act of 1970, a piece of social legislation, provides for the abolition of contract
labour wherever possible and to regulate the conditions of contract labour in establishments
or employments where the abolition of contract labour system is not considered feasible for
the time being.
Article 42 is one of the hall marks of the Indian Constitution as it takes into consideration the
very specific context of pregnancy related discrimination in the context of employment and
therefore it directs the State to make provisions for securing not only just and humane
conditions of work but also for Maternity Relief. It is in this context that the Government of
India went on to enact the Maternity Benefit Act, 1961 which enables women in the labour
force who have been employed for 160 days in a year to provide leave with pay and medical
benefit.

Introduction
“A good work culture and work environment are very crucial in helping your
employees to put their best foot forward.” 

– Pooja Agnihotri. 

The Constitution makers had picturised a society where every citizen had all the
basic requirements. This motivated them to make certain principles that direct
the state in policy-making. These principles came to be known as the Directive
Principles of State Policy. One of these principles, Article 42 of the Indian
Constitution, directs the state to make provisions for just and humane conditions
for work including maternity relief. 
Purpose of Article 42 
Considering the fact that most of India’s population is poor, many such people
find work in these low-paying sectors. With a low-paying job, comes a low-
quality work environment. For example, construction workers had to work with
no safety gear in the earlier days. Sanitation workers were not given the proper
equipment to work with. These working conditions were not at all humane and
led to many accidents. Earlier, female employees used to get fired from their
jobs when they had to take maternity leave. Some even tried to work through
those months to avoid losing their job.

Directive Principles of State Policy 

Directive Principles of State Policy (DPSP) are moral guidelines for the
government to guide in policy making. Article 42 is a part of these principles.
The objective of the DPSPs is to guide the state in making policies that better
the social and economic conditions of the country. Articles 36-51 in Part IV of
the Indian Constitution deal with DPSP. These are non-justiciable and non-
enforceable in nature, which means the courts cannot hold the state liable for
not implementing these principles. This is because India did not have the
financial resources nor the means to implement these at the time the
Constitution saw the light of the day. It became the duty of the state to
implement these in the future as the country kept developing.

Even though these principles are non-justiciable, the state has taken inspiration
from these and has implemented them in its policies. The courts too have taken
these into consideration while pronouncing judgements. Some of the policies
include: 

 Mahatma Gandhi National Rural Employment Guarantee Act

(MGNREGA), which is based on the principle given in Article 39(a),
provides for adequate means of livelihood. 
 Workmen Compensation Act 1923, Minimum Wages Act
1948, Industrial Employment (Standing Orders) Act 1946, The
Factories Act 1948, and Maternity Benefit Act 1961 are based on the
principles laid down by Article 41, Article 42, and Article 43A.

Essential features of Article 42 of the Indian Constitution

 It directs the state to make laws that ensure just and humane conditions
at work and provide for maternity benefits.
  This principle, like the others, is non-justiciable. It means this principle
cannot be enforced in a court of law.
 It imposes a duty on the Central as well as the state governments to
apply this principle in making laws relating to maternity benefits and
working conditions in factories, etc.
 Its aim is to create such working conditions that each and every
employee will be motivated to work efficiently. It also aims to ensure
maternity benefits for female workers so that they can take a leave
from work, without worrying about losing their job.
 It can be used by the courts to help them in taking decisions when the
executive or the administration has taken questionable actions against
what is stated by this principle.

Landmark judgements regarding Article 42 

Over the years, the courts have tried to emphasise the importance of DPSPs by
applying them to their judgements. 

In the case of Municipal Corporation of Delhi v. Female Workers on 8 March

2000, female workers who were not regular workers but were temporary
workers claimed that they were entitled to maternity benefits that are available
to regular workers. The Court held that the provisions of the Maternity Benefit
Act, 1961 are in line with Articles 39 and Article 42. It stated that a female
employee cannot be compelled to work while she is in an advanced pregnancy
as it would be harmful to her as well as her child. It is for this reason that the
Act provides 6 weeks of maternity leave before and after delivery.

Laws embodying the principles of Article 42 of the Indian Constitution

Maternity Benefit Act, 1961

The Maternity Benefit Act is aimed to protect female employees during their
maternity period from losing their jobs. It allows women to take paid leave
when they are in labour. According to Section 2 read with Section 3(e), it
applies to establishments owned by the government, factories, mines, and
plantations. It also applies to establishments defined under law, as having
10 or more employees during the preceding 12 months. 
A woman to be eligible for the benefits under this Act should be an employee in
an establishment for a period of at least 80 days in the past year.

The Act was the state’s way of applying the principle given in Article 42 of the
Indian Constitution. Now, any eligible female worker can approach the courts if
she is denied maternity benefits by her employer.

The Factories Act, 1948

This Act is aimed to regulate labour in factories in India. It contains provisions

on health, safety, leave, welfare, and working hours of workers. It also provides
for inspecting staff for factories, penalties for violations of provisions, etc. 

Section 7A of the Act directs the occupier to ensure the safety, welfare, and
health of all workers while at work. It is the duty of the occupier to see that
there are no risks with the handling of machinery and tools in the factory. The
Act also provides that the factory must be kept clean by ensuring that
accumulated dirt is cleaned daily and floors of the workroom are cleaned every
week. There should also be a proper drainage system, a sufficient supply of
drinking water, and conveniently suited urinals. It also states that no worker
shall be made to work more than 48 hours in a week and 9 hours a day. All
these steps would ensure that the workers work in just and humane conditions,
which is provided in Article 42 of the Constitution as a directive to the state.

Conclusion 
Often people who work in certain public sectors where the job involves a high
amount of risk to their safety, are exploited because they lack basic awareness
of their rights. Also, employees are made to work overtime without any
remuneration. Such exploitation only harms the employees. It is the duty of the
State to create just and safe working conditions for its workers and employees.
It is also important that female workers who are in labour get maternity relief.
The purpose of Article 42 was to deal with these issues.
Labour Rights and Indian Constitution

Indian constitution provides numerous safeguards for the protection of labour

rights. These safeguards are in the form of fundamental rights and the Directive
principle of State policy.

Articles 14,19,21,23 and 24 comprise of fundamental rights promised under part

III of the Constitution. Articles 38, 39, 39A, 41, 42, 43,43A and 47 form part of
the Directive Principles of State Policy under Part IV of the Constitution, but
they are not enforceable in a court of law.

Article 39, 39A, 41, 42, 43 and 43A collectively can be termed “Magna Carta of
working class in India.”

Let us have a brief overview of these Articles‐

Article 14 commands State to treat any person equally before the law.

Article (19) (1) (c) grants citizens the right to form association or unions.

Article 21 promises protection of life and personal liberty.

Article 23 prohibits forced labour.

Article 24 prohibits employment of children below the age of fourteen years.

Article 39(a) provides that the State shall direct its policy towards securing that
its citizens equal right to an adequate means to livelihood.

Article 39A provides that the State shall secure the equal opportunities for
access to justice to its citizens and ensure that such opportunities are not denied
by reason of economic or other disabilities.

Article 41 provides that within the limits of its economic capacity the State shall
secure for the Right to work and education. Article 41 requires the state, within
the limits of its economic capacity and development, to make effective
provision for securing the right to work, to education and to public assistance in
cases of unemployment, old age, sickness and disablement, and in other cases of
undeserved want.
Article 42 instructs State to make provisions for securing just and humane
conditions of work and for maternity relief.

Article 43 orders the State to secure a living wage, decent condition of work and
social and cultural opportunities to all workers through legislation or economic
organisation. And Article 43 imposes an obligation towards ensuring the
provision of a ‘living wage’ in all sectors as well as acceptable conditions of
work. This provision enunciates the revolutionary doctrine that employees are
entitled as of right to certain reliefs.

Article 43A provides for the participation of workers in Management of

Industries through legislation.

Principle of equal pay for equal work and Indian Supreme Court

The principle of equal pay for equal work is enshrined in Article 39(d) of the
Constitution.

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