Article 42 of the Indian Constitution 1950
Keywords:
Article 42, Indian Constitution, Maternity Benefit Act, 1961, Directive Principles of State Policy (DPSP), Judicial Interpretation, Labour Rights in India, Maternity Benefits Amendment 2017Abstract
This assignment explores Article 42 of the Indian Constitution, a directive principle of state policy that directs the State to ensure the establishment of fair and humane working conditions, along with providing maternity benefits. T While not directly enforceable by the courts, this article has significantly influenced the legislative and judicial landscape concerning labor rights, particularly for women. This paper will explore the constitutional mandate, its interpretation through landmark judgments, the
enactment and amendments of the Maternity Benefit Act, 1961, and the broader implications for women's employability. Furthermore, it will analyze the Indian judiciary's role in upholding and expanding the scope of maternity benefits, ultimately highlighting the crucial role of Article 42 in promoting gender equality and social justice in the workplace.
References
1. The Constitution of India, Article 42 — Directive Principles of State Policy.
2. The Maternity Benefit Act, 1961 — Ministry of Labour and Employment, Government of India.
3. The Maternity Benefit (Amendment) Act, 2017 — Official Gazette of India.
4. Supreme Court Cases — Municipal Corporation of Delhi v. Female Workers (2000), Neera Mathur v. LIC (1992).
5. International Labour Organization (ILO), Maternity Protection Convention, 1919.
6. Labour Codes on Social Security, 2020 — Government of India. V olume 8, Issue 2
7. The Constitution of India, Article 42
8. International Labour Organization (ILO) Report on Maternity Benefit.
9. Supreme Court Judgments on Maternity Benefits
10. National Commission for Women Reports on Maternity Benefit in India
11. B.Shah vs.Labor Court, Nagpur & Ors. Air 1978 SC
