Article 42 of the Constitution of India directs the State to make provisions for securing just and humane conditions of work and for maternity relief.
- Meaning of Article 42
- Constitutional Basis
- Just and Humane Conditions of Work
- Maternity Relief
- Maternity Relief and Dignity
- Article 42 and Fundamental Rights
- Article 42 and Article 39
- Article 42 and Article 43
- Maternity Benefit Act, 1961
- Maternity Benefit (Amendment) Act, 2017
- Article 42 and Women in the Workplace
- Article 42 and International Standards
- Important Features of Article 42
- Article 42 at a Glance
- Article 42 and Article 43
- Article 42 and Maternity Relief
- Important Case Law
- Common Confusions
- Quick Revision
- Conclusion
The provision reflects the Constitution’s concern for the dignity and welfare of workers. It recognises that employment should not be governed solely by economic considerations and that working conditions should respect human dignity, health and well-being. It also specifically recognises the need for protection and relief during maternity.
Meaning of Article 42
Article 42 directs the State to secure two principal objectives:
- Just and humane conditions of work
- Maternity relief
The provision is concerned with creating working conditions that are fair, humane and consistent with the dignity of workers.
It also recognises that pregnancy and maternity may require specific legal and social protections to safeguard the health and well-being of women.
Constitutional Basis
Article 42 is contained in Part IV of the Constitution, which deals with the Directive Principles of State Policy.
Like other Directive Principles, Article 42 is not directly enforceable by any court under Article 37.
However, it provides an important constitutional direction for labour and social welfare legislation.
Just and Humane Conditions of Work
The expression just and humane conditions of work indicates that workers should not be subjected to working conditions that disregard their health, safety, dignity or basic welfare.
The State is expected to take appropriate measures concerning matters such as:
- Reasonable working conditions
- Workplace safety
- Health and welfare of workers
- Humane treatment
- Fair conditions of employment
- Protection against exploitative working conditions
The precise content of these protections is developed through legislation, rules, policies and judicial interpretation.
Maternity Relief
Article 42 specifically directs the State to provide maternity relief.
Maternity relief recognises the need to protect women during pregnancy and the period associated with childbirth.
It may include measures relating to:
- Maternity leave
- Maternity benefits
- Protection of employment during maternity
- Health and safety during pregnancy
- Assistance during childbirth and recovery
The constitutional objective is to ensure that maternity does not force a woman to choose between her employment and her health or the well-being of her child.
Maternity Relief and Dignity
Maternity protection is closely connected with the constitutional value of human dignity.
A woman should not be disadvantaged merely because she becomes pregnant or exercises her reproductive responsibilities.
Article 42 therefore supports a broader constitutional approach in which working conditions must accommodate legitimate maternity-related needs.
Article 42 and Fundamental Rights
Although Article 42 itself is a Directive Principle, its objectives are connected with several Fundamental Rights.
Article 14
Article 14 guarantees equality before law and equal protection of laws.
Article 15
Article 15 prohibits discrimination on specified grounds, including sex, while also permitting constitutionally authorised protective measures.
Article 21
Article 21 protects life and personal liberty and has been interpreted to include aspects of dignity and humane treatment.
These provisions, together with Article 42, form part of the constitutional framework protecting workers and promoting equality and dignity.
Article 42 and Article 39
Article 39 contains several principles concerning economic justice and worker welfare.
For example, Article 39 directs the State towards securing adequate means of livelihood and ensuring that the health and strength of workers are not abused.
Article 42 complements these objectives by specifically addressing working conditions and maternity relief.
Article 42 and Article 43
Article 43 directs the State to endeavour to secure, by suitable legislation or economic organisation or in any other way, a living wage, decent conditions of work and a decent standard of life for all workers.
The two provisions are closely connected:
Article 42 → Just and humane working conditions and maternity relief
Article 43 → Living wage, decent conditions of work and a decent standard of life
Together, they reflect the constitutional commitment to worker welfare.
Maternity Benefit Act, 1961
The constitutional objective of maternity relief has been supported through legislation, particularly the Maternity Benefit Act, 1961.
The Act provides maternity-related benefits and protections to women employed in establishments covered by its provisions.
The legislation has been amended over time, including significant changes through the Maternity Benefit (Amendment) Act, 2017.
The statutory framework gives practical effect to the constitutional objective of maternity protection.
Maternity Benefit (Amendment) Act, 2017
The 2017 amendment introduced significant changes to maternity benefits, including an increase in the statutory maternity leave available in specified circumstances.
It also introduced provisions relating to adopting mothers and commissioning mothers and included provisions concerning crèche facilities for establishments covered by the applicable requirements.
The specific application of these provisions depends upon the statutory conditions.
Article 42 and Women in the Workplace
Article 42 contributes to the constitutional framework for protecting women in employment.
Its objective is not to exclude women from employment because of maternity. Instead, it seeks to ensure that women can participate in the workforce without being subjected to unfair hardship because of pregnancy or childbirth.
This makes maternity protection an important part of workplace equality and social welfare.
Article 42 and International Standards
The principles underlying Article 42 are consistent with the broader international recognition of maternity protection and decent working conditions.
India’s labour framework has developed through domestic legislation as well as its participation in international labour and human rights frameworks.
However, the specific rights and obligations applicable to an employment relationship are determined by the relevant Indian constitutional, statutory and regulatory provisions.
Important Features of Article 42
1. Directive Principle
Article 42 is part of the Directive Principles of State Policy.
2. Humane Working Conditions
It requires the State to work towards conditions of employment that respect human dignity and worker welfare.
3. Maternity Relief
It specifically directs the State to provide maternity relief.
4. Worker Welfare
The provision forms part of the constitutional framework concerning labour welfare.
5. Gender and Workplace Protection
It supports measures that protect women during pregnancy and maternity.
6. Legislative Implementation
Its objectives are implemented through labour and social welfare legislation.
7. Non-Justiciable
Article 42 itself is not directly enforceable by courts.
Article 42 at a Glance
| Point | Position |
|---|---|
| Article | Article 42 |
| Part | Part IV – Directive Principles of State Policy |
| Main Subject | Just and humane conditions of work and maternity relief |
| Primary Focus | Worker welfare and maternity protection |
| Nature | Directive Principle |
| Enforceability | Not directly enforceable |
| Important Legislation | Maternity Benefit Act, 1961 |
| Major Amendment | Maternity Benefit (Amendment) Act, 2017 |
| Related Articles | Articles 14, 15, 21, 39 and 43 |
Article 42 and Article 43
| Article 42 | Article 43 |
|---|---|
| Just and humane conditions of work | Living wage and decent conditions of work |
| Specifically provides for maternity relief | Focuses on workers’ standard of life |
| Part IV | Part IV |
| Worker welfare and maternity protection | Economic and social welfare of workers |
| Directive Principle | Directive Principle |
Article 42 and Maternity Relief
| Aspect | Article 42 |
|---|---|
| Constitutional nature | Directive Principle |
| Main protection | Maternity relief |
| Purpose | Protect health, dignity and welfare during maternity |
| Employment connection | Prevents maternity from becoming a source of unfair workplace hardship |
| Major supporting legislation | Maternity Benefit Act, 1961 |
| Important amendment | Maternity Benefit (Amendment) Act, 2017 |
Important Case Law
Municipal Corporation of Delhi v. Female Workers (Muster Roll) (2000)
The Supreme Court considered maternity benefits in the context of women working as muster-roll employees.
The Court recognised the importance of maternity protection and held that maternity benefits should not be restricted merely because women were employed on a casual or temporary basis where the applicable constitutional and legal principles required protection.
The decision is important for understanding the relationship between Article 42, maternity relief and the dignity of women workers.
B. Shah v. Presiding Officer, Labour Court, Coimbatore (1977)
The Supreme Court considered the interpretation of maternity benefit legislation and emphasised the beneficial nature of maternity protection.
The judgment is relevant to understanding how maternity benefit legislation should be interpreted in light of its protective purpose.
Common Confusions
Is Article 42 a Fundamental Right?
No.
Article 42 is a Directive Principle of State Policy contained in Part IV.
Can Article 42 Be Directly Enforced in Court?
Article 42 itself is not directly enforceable.
However, legislation and other legal rights created to implement its objectives may be enforceable according to the applicable law.
Does Article 42 Apply Only to Women?
The provision contains two objectives. The first concerns just and humane conditions of work, which relates broadly to workers. The second specifically concerns maternity relief.
Does Article 42 Itself Provide a Fixed Period of Maternity Leave?
No.
Article 42 establishes the constitutional objective of maternity relief. The specific benefits, including the duration and conditions of maternity leave, are determined through applicable legislation.
Which Law Primarily Provides Statutory Maternity Benefits?
The Maternity Benefit Act, 1961, as amended, is an important legislation giving effect to the constitutional objective of maternity relief.
Quick Revision
- Article 42 → Just and humane conditions of work and maternity relief.
- It is a Directive Principle of State Policy.
- It applies broadly to worker welfare and specifically recognises maternity protection.
- It seeks to ensure humane and dignified working conditions.
- The Maternity Benefit Act, 1961 gives statutory effect to maternity-related protections in covered establishments.
- The Maternity Benefit (Amendment) Act, 2017 introduced significant changes to maternity benefits.
- Article 14 → Equality before law.
- Article 15 → Protection against discrimination, including on grounds of sex, subject to constitutional provisions.
- Article 21 → Life, personal liberty and dignity.
- Article 43 → Living wage and decent conditions of work.
- Article 42 itself is not directly enforceable.
- Municipal Corporation of Delhi v. Female Workers (Muster Roll) is an important case concerning maternity benefits.
Conclusion
Article 42 reflects the constitutional commitment to ensuring that employment takes place under just and humane conditions and that women receive appropriate maternity relief. It places worker welfare within the broader framework of social and economic justice contemplated by the Directive Principles.
Its objectives have been supported through labour legislation, particularly the Maternity Benefit Act, 1961. The provision therefore remains an important constitutional foundation for workplace dignity, worker welfare and maternity protection.
The key point to remember is:
Article 42 → Just and humane conditions of work + maternity relief.
