Article 42 of the Constitution of India
By Joy Puri
Introduction
The Article 42 of the Constitution of India constitutes a apart of the Directive Principles of the State Policy.
These Directive Policies are the suggestive command to the State for the betterment in the new legislations of the nation.
The provision of the Constitution of India envisages about the humane conditions of work and maternity leave.
Article 42 of the Constitution of India
Provision for just and humane conditions of work and maternity relief
The State shall make provision for securing just and humane conditions of work and for maternity relief.
Landmark Case Laws
B. Shah Vs Presiding Officer, Labour Court, Coimbatore, AIR 1978 SC 12
To provide social justice to women workers, beneficent rule of construction which would safeguard the interests and the health of the woman worker should be adopted by the court.
D. Bhuvan Mohan Patnaik Vs State of Andhra Pradesh, AIR 1974 SC 2092
The directive principle contained in article 42 of the Constitution may benevolently be extended to living conditions in jails. There are subtle forms of punishment to which convicts and under-trial prisoners are sometimes subjected but it must be realized that these barbarous relics of a bygone era offend against the letter and spirit of our Constitution.
Municipal Corp. of Delhi Vs Female Workers (Muster Roll), AIR 2000 SC 1274
Since article 42 specifically speaks of “just and humane conditions of work” and “maternity relief”, the validity of an executive or administrative action in denying maternity benefit has to be examined on the anvil of article 42 which, though not enforceable at law, is nevertheless available for determining the legal efficacy of the action complained of. A woman employee, at the time of advanced pregnancy cannot be compelled to undertake hard labour as it would be detrimental to her health and also to the health of the foetus.
An Overview of Maternity relief round the Globe
Women who constitute almost half of the segment of our society have to be honoured and treated with dignity at places where they work to earn their livelihood.
Whatever be the nature of their duties, their avocation and the place where they work; they must be provided all the facilities to which they are entitled. To become a mother is the most natural phenomena in the life of a woman.
Whatever is needed to facilitate the birth of child to a woman who is in service, the employer has to be considerate and sympathetic towards her and must realise the physical difficulties which a working woman would face in performing her duties at the work place while carrying a baby in the womb or while rearing up the child after birth.
Conclusion
The provision of the Article 42 therefore shows the commitment of the nation towards the fulfilment and achievement of Social justice.
It aims to achieve the goals for the attainment of Social justice in the country.
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