Article 42 of the Indian Constitution: Just and Humane Conditions for Work and Maternity Relief
🌟 Introduction
Article 42 of the Indian Constitution is part of the Directive Principles of State Policy (DPSP). It directs the State to ensure just and humane working conditions and to provide maternity relief for women workers.
This article emphasizes workers' welfare and gender equality, ensuring that labor laws protect employees, especially women, in the workplace.
📜 Text of Article 42
"The State shall make provision for securing just and humane conditions of work and for maternity relief."
🔍 Explanation of Article 42
1. ⚖️ Just and Humane Conditions of Work
- Ensures safe and fair working conditions for employees.
- Prevents exploitation, overwork, and hazardous environments.
- Supports worker rights and workplace safety laws.
2. 🤰 Maternity Relief for Women
- Provides paid maternity leave for working women.
- Ensures job security before and after childbirth.
- Helps in mother and child healthcare.
3. 📢 State's Role
- Government must pass laws and policies for worker welfare.
- Enforce labor rights and maternity benefits.
- Promote equal opportunities in workplaces.
🌟 Importance of Article 42
| Feature | Explanation |
|---|---|
| ⚖️ Worker Protection | Prevents exploitation, overwork, and unsafe conditions. |
| 🤰 Maternity Relief | Supports women during pregnancy and childbirth. |
| 📜 Legal Framework | Guides labor laws like the Factories Act and Maternity Act. |
| 🏢 Workplace Welfare | Promotes healthy and safe work environments. |
| 📊 Gender Equality | Ensures equal rights for women employees. |
🌍 Laws and Policies Under Article 42
1. ⚖️ The Factories Act, 1948
- Regulates working conditions in industries.
- Ensures hygiene, safety, and welfare of workers.
2. 🤰 The Maternity Benefit Act, 1961
- Provides 26 weeks of paid maternity leave.
- Protects job security for pregnant women.
3. 🏥 The Employees’ State Insurance Act, 1948 (ESI Act)
- Offers medical benefits and maternity assistance.
- Covers healthcare expenses for employees.
4. ⏳ The Workmen’s Compensation Act, 1923
- Provides compensation for workplace injuries.
- Ensures financial support for workers.
🏛 Landmark Cases on Article 42
1. 👩⚖️ B. Shah v. Presiding Officer (1977)
- Issue: Maternity leave rights of a female worker.
- Judgment: The Supreme Court ruled in favor of the worker, ensuring maternity benefits.
2. 🏛️ Municipal Corporation of Delhi v. Female Workers (2000)
- Issue: Whether temporary female workers are entitled to maternity benefits.
- Judgment: The Supreme Court ruled that all women workers (permanent or temporary) must receive maternity relief.
🌍 Comparison with Other Countries
| Country | Maternity Leave & Worker Rights |
|---|---|
| 🇺🇸 USA | 12 weeks unpaid maternity leave under FMLA. |
| 🇬🇧 UK | 52 weeks maternity leave, with 39 weeks paid. |
| 🇨🇦 Canada | 50 weeks paid maternity and parental leave. |
| 🇮🇳 India | 26 weeks paid maternity leave + workplace protection. |
🚀 Challenges in Implementing Article 42
| Issue | Explanation |
|---|---|
| 🏢 Unregulated Workplaces | Many informal workers lack labor protection. |
| 📉 Employer Resistance | Some businesses avoid hiring women due to maternity benefits. |
| 📊 Low Awareness | Many women are unaware of their rights. |
| ⚖️ Legal Loopholes | Some employers misuse laws to avoid compliance. |
🌟 Conclusion
Article 42 is a key provision for worker welfare and gender equality in India. It promotes safe working conditions and maternity relief, ensuring that employees and women workers receive fair treatment.
✨ Key Takeaways:
✔ Protects workers from exploitation.
✔ Provides maternity relief and job security.
✔ Encourages gender equality in workplaces.
✔ Requires strong labor laws for implementation.
Though challenges exist, effective policies, awareness, and enforcement can strengthen workers' rights and social security.
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