Which Article of the Indian Constitution directs the State to provide 'maternity relief'?

The correct answer is Article 42.

Key Points

• Article 42 of the Indian Constitution is part of the Directive Principles of State Policy (DPSP).
• It directs the State to make provisions for securing just and humane conditions of work and for maternity relief.
• Article 42 emphasizes the welfare of the workers and aligns with the broader objective of social justice mentioned in the Constitution.
• This article reflects India's commitment to ensuring workers' rights and providing women with adequate relief during maternity.
• It is not enforceable by the courts, as it forms part of the DPSPs, but serves as a guiding principle for the State in policymaking.

Additional Information

• Directive Principles of State Policy (DPSP):
  • The DPSPs are enshrined in Part IV of the Indian Constitution (Articles 36-51).
  • They are non-justiciable, meaning they cannot be enforced in a court of law, but they are fundamental in governance.
  • The aim of the DPSPs is to create a welfare state in India.
• Maternity Benefits Act, 1961:
  • This act provides certain rights to women employees, such as 26 weeks of paid maternity leave for the first two children.
  • It ensures job security for pregnant women and mandates employers to provide maternity benefits.
• International Labour Organization (ILO) Standards:
  • The ILO's Maternity Protection Convention recommends a minimum of 14 weeks of maternity leave.
  • India's maternity laws adhere to and, in some cases, exceed these global standards.
• Fundamental Rights vs. DPSPs:
  • Fundamental Rights (Part III) are enforceable by courts, while DPSPs (Part IV) are not.
  • DPSPs serve as a guide to the State for framing laws and policies aimed at achieving social and economic justice.