Article 42 - Provision for just and human conditions of work & maternity relief | DPSP |

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Article 42
The state employs people in its companies and other organisations to provide public services. Some of these services include construction, banking, sanitation, etc. Considering the fact that most of India’s population is poor, many such people find work in these low-paying sectors. With a low-paying job, comes a low-quality work environment.
For example,
construction workers had to work with no safety gear in the earlier days. Sanitation workers were not given the proper equipment to work with. These working conditions were not at all humane and led to many accidents.
Earlier, female employees used to get fired from their jobs when they had to take maternity leave. Some even tried to work through those months to avoid losing their job.
Essential features of Article 42 of the Indian Constitution
Now let’s look at the essential features of Article 42:
It directs the state to make laws that ensure just and humane conditions at work and provide for maternity benefits.
This principle, like the others, is non-justiciable. It means this principle cannot be enforced in a court of law.
It imposes a duty on the Central as well as the state governments to apply this principle in making laws relating to maternity benefits and working conditions in factories, etc.
Its aim is to create such working conditions that each and every employee will be motivated to work efficiently.
It also aims to ensure maternity benefits for female workers so that they can take a leave from work while in labour, without worrying about losing their job.
Acts as a yardstick for the public to measure government actions related to working conditions and maternity relief.
It can be used by the courts to help them in taking decisions when the executive or the administration has taken questionable actions against what is stated by this principle.
Notable amendments to the Maternity Benefit Act 1961:
1. The former paid maternity leave in India was increased from 12 weeks to 26 weeks for women employees
3. The pre-natal leave has increased from 6 weeks to 8 weeks
4. A woman who currently has 2 children and is applying for maternity leave for her 3rd child, or subsequent children, is eligible for 12 weeks of maternity leave
5. When a woman employee adopts a child under 3 months old, she is eligible for maternity leave of 12 weeks
6. Commissioning, or surrogate mothers, are entitled to 12 weeks of maternity leave which starts from the day the newborn is handed over to the adoptive parents
Are employees eligible for employee benefits during maternity leave?
In addition to the Maternity Leave and Benefits listed in this article, women employees in India can also receive standard employee benefits when they are off, on their maternity leave. She can avail applicable company benefits to employees including medical insurance, housing allowance, and other perks and allowances.
Who pays for maternity leave?
Maternity leave in India is paid by employers to their expectant or newly-delivered women employees. The employer needs to pay the female employee her full salary during the entire time she is on maternity leave. In addition, the employee can provide further maternity benefits or leave days according to her employment contract or applicable laws.
In the case of Municipal Corporation of Delhi v. Female Workers
on 8 March 2000, female workers who were not regular workers but were temporary workers claimed that they were entitled to maternity benefits that are available to regular workers. The Court held that the provisions of the Maternity Benefit Act, 1961 are in line with Articles 39 and Article 42. It stated that a female employee cannot be compelled to work while she is in an advanced pregnancy as it would be harmful to her as well as her child. It is for this reason that the Act provides 6 weeks of maternity leave before and after delivery.
The Factories Act, 1948
This Act is aimed to regulate labour in factories in India. It contains provisions on health, safety, leave, welfare, and working hours of workers. It also provides for inspecting staff for factories, penalties for violations of provisions, etc.
Section 7A of the Act directs the occupier to ensure the safety, welfare, and health of all workers while at work