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Just And Humane Conditions Of Work: A Constitutional Promise Under Article 42 Of The Constitution Of India




M.A. Daksha, Vellore Institute of Technology


1. ABSTRACT


The social justice vision in India is largely characterized by labour welfare. Directive Principles of State Policy aims at making sure that the State does not exploit workers but works to their welfare. One of such principles is the Article 42 of the Constitution of India, which guides the State to offer just and humane conditions of work and maternity relief. Directive Principles do not apply to courts but are useful principles of legislation and policy. These principles have over the years been interpreted by the judiciary in line with fundamental rights to provide more protection to the workers. This paper discusses the constitutional philosophy underlying the Article 42, the history of labour welfare in India, judicial interpretation, and legislative attempts to achieve the goals of humane working conditions. It also analyses the modern issues like the informal sector and gig economy and proposes a reform to enhance the welfare of labour.


Keywords: Article 42 of the Constitution of India, Humane working conditions, Labour welfare, Maternity relief, Gig economy.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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