Provision for just and humane conditions of work and maternity relief
Quick Summary (TL;DR)
Humane Working Conditions & Maternity Relief: Directs the State to secure just and humane conditions of work and mandatory Maternity Leave and benefits for working women.
In Simple Citizen Words
Article 42 is the constitutional shield for working women and mothers across India. It mandates the State to make provision for securing just and humane conditions of work and for maternity relief. Under this article, Parliament enacted the Maternity Benefit Act, 1961 (amended in 2017 to grant 26 weeks of fully paid maternity leave), the Factories Act, and welfare schemes like Janani Suraksha Yojana. In Municipal Corporation of Delhi v. Female Workers (Muster Roll) (2000), the Supreme Court held that even daily-wage, casual, and contractual women workers are entitled to maternity benefits under Articles 42 and 21.
Key Constitutional Provisions
Right to 26 Weeks of Paid Maternity Leave for women employees under the Maternity Benefit (Amendment) Act, 2017
Strict ban on firing or demoting a woman employee on account of pregnancy or maternity leave (Sec 12 Maternity Benefit Act)
Maternity leave entitlement extends equally to daily-wage, muster-roll, and contractual female workers (MCD v. Female Workers, 2000)
Right to creche facilities in establishments with 50+ employees and nursing breaks after returning to work
Safe, ventilated, and humane working hours with mandatory rest intervals and hygiene facilities
Exceptions & Reasonable Restrictions
Enforced through central and state labour codes (Code on Social Security, 2020 and Maternity Benefit Act); violations by employers can be challenged before the Labour Commissioner or High Court under Article 226.
Why This Matters in Daily Life
Ensures no woman in India is forced to choose between motherhood and her livelihood.
Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates: