Article 42 of the Indian Constitution: Ensuring Just and Humane Working Conditions in the Modern Era

Introduction

Article 42 of the Indian Constitution embodies the state's responsibility to provide just and humane working conditions for workers, both in the organized and unorganized sectors. It recognizes the importance of safeguarding workers' rights, ensuring their well-being, and promoting social justice. In the current modern era, marked by evolving labor dynamics, it is crucial to discuss the scope, implications, and relevant case laws associated with Article 42.

Understanding Article 42

Article 42 falls under Part IV of the Indian Constitution, which comprises the Directive Principles of State Policy (DPSP). It emphasizes that the state shall make provisions for securing just and humane conditions of work and maternity relief.

Relevant Case Laws Shaping the Interpretation of Article 42

1. Standard Vacuum Refining Co. of India Ltd. v. Its Workmen (1960):

In this case, the Supreme Court recognized that Article 42 places an obligation on the state to ensure just and humane working conditions. The court held that the welfare of workers is a primary concern and that the state must take necessary measures to protect their rights, including providing reasonable wages, suitable working hours, and safe working conditions.

2. Consumer Education and Research Centre v. Union of India (1995):

The Consumer Education and Research Centre case highlighted the importance of occupational health and safety in the context of Article 42. The Supreme Court emphasized that workers have a fundamental right to a safe and healthy working environment. It held that the state must enforce and regulate workplace safety standards to protect workers from occupational hazards and ensure their well-being.

3. Unni Krishnan, J.P. v. State of Andhra Pradesh (1993):

The Unni Krishnan case addressed the issue of child labor and education. The Supreme Court held that Article 42, along with Article 45, recognizes the right to education as an essential component of ensuring just and humane working conditions. The court emphasized that the state must take proactive measures to eliminate child labor and provide access to quality education for all children.

Relevance of Article 42 in the Modern Era

1. Worker Protection and Welfare:

In the current modern era, where the labor landscape is evolving rapidly, Article 42 assumes great significance. It calls for the state to enact laws and regulations that protect the rights of workers, including fair wages, reasonable working hours, safe working conditions, and social security benefits. By ensuring just and humane working conditions, Article 42 promotes the welfare and well-being of workers, contributing to a more equitable society.

2. Gender Equality and Maternity Relief:

Article 42 recognizes the importance of maternity relief as a crucial aspect of ensuring gender equality in the workplace. In the modern era, where women's participation in the labor force is increasing, Article 42 guides the state in formulating policies that provide maternity benefits, such as paid leave and healthcare support, to working women. It aims to create a supportive environment that enables women to balance work and family responsibilities.

3. Sustainable and Inclusive Development:

Article 42 acknowledges that just and humane working conditions are not only essential for workers' well-being but also for sustainable and inclusive development. In the modern era, where corporate social responsibility and ethical labor practices are emphasized, Article 42 guides the state and employers in promoting a work environment that respects human rights, promotes social justice, and contributes to overall societal progress.

Conclusion

Article 42 of the Indian Constitution reflects the state's commitment to ensuring just and humane working conditions for all workers. It recognizes the need to protect workers' rights, promote gender equality, and create a safe and healthy work environment. The case laws discussed above have played a significant role in shaping the interpretation of Article 42 and reinforcing its relevance in the modern era. By upholding the principles of Article 42, India can foster a fair and inclusive labor environment that respects the dignity and well-being of its workforce.