Provision for just and humane conditions of work and maternity relief — a cornerstone of social justice and labour welfare.
Part IV of the Constitution (Directive Principles of State Policy) contains Article 42. While not enforceable by any court, these principles are fundamental in the governance of the country. Article 42 imposes a duty upon the State to create a framework where workers are treated with dignity and women receive adequate support during motherhood.
Inspired by the Irish Constitution and the ideals of social welfare, the Constituent Assembly emphasized labour welfare. Dr. B.R. Ambedkar and other framers envisioned a post-independence India where economic democracy complements political democracy. Article 42 embodies that vision, compelling the state to evolve humane workplace policies.
One of the most progressive facets of Article 42 is its explicit call for maternity relief. It laid the foundation for legislation such as the Maternity Benefit Act, 1961 (amended 2017), which ensures paid leave, nursing breaks, and workplace safeguards for pregnant and nursing women.
Article 42 also catalyzed the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH), reinforcing just and humane work environments.
SC held that the right to health, just and humane conditions of work are integral to the right to life under Article 21, reading Article 42 into fundamental rights.
Landmark guidelines against workplace sexual harassment – derived from Articles 14, 19, 21 and the spirit of Article 42, leading to the POSH Act.
SC ruled that maternity benefit is not a charity but a constitutional entitlement under Article 42; affirmed equal pay and dignity for women workers.
Courts have consistently invoked Article 42 to expand labour rights, ensuring that 'just and humane' is not a hollow phrase but a living constitutional mandate.
These statutes trace their constitutional legitimacy to Article 42 and other DPSP provisions, shaping India's labor landscape.
Article 42 aligns with UN Sustainable Development Goals (SDG 3 – Good Health, SDG 5 – Gender Equality, SDG 8 – Decent Work). In the post-pandemic world, debates on flexible work, mental health at workplace, and universal maternity/paternity benefits echo the core values of Article 42. The recent push for women's workforce participation and childcare facilities at workplaces draws direct inspiration from this constitutional vision.
These enactments show the continuous evolution of India's commitment to Article 42, ensuring that every worker, regardless of gender or sector, experiences dignity, fairness, and protection.