PROTECTION OF LABOUR RIGHTS UNDER INDIAN CONSTITUTION

Shrut Brahmbhatt*

The constitution of India confers innumerable rights for the protection of labour. Indian

constitution through various articles protects, supports, and acts as a guideline to various labour laws

for their effective implementation and functioning. The relevance of the dignity of human labour

and the need for protecting and safeguarding the interest of labour as human beings has been

enshrined in Chapter- III (Articles 16, 19, 21, 23 & 24) and Chapter IV (Articles 39, 39-A, 41, 42, 43,

43A, 46, 47 & 54) of the Constitution of India keeping in line with Fundamental Rights and

Directive Principles of State Policy1 which set an aim to which the activities of the state are to be

guided. These Directive Principles provide:

• for securing the health and strength of employees, men and women;

• that the tender age of children are not abused;

• that citizens are not forced by economic necessity to enter avocations unsuited to their age or

strength;

• just and humane conditions of work and maternity relief are provided; and

• That the Government shall take steps, by suitable legislation or in any other way, to secure the

participation of employee in the management of undertakings, establishments or other

organisations engaged in any industry.

Labour is a concurrent subject in the Constitution of India. Indian Constitution mentions the

subject matter for the Welfare of labour including conditions of work, provident funds, workmen's

compensation, Pensions and maternity benefits implying that both the Union and the state

* Teaching & Research Associate, Gujarat National law University, Gandhinagar. 1 Part IV of Indian Constitution

governments are competent to legislate on labour matters and administer the same. The bulk of

important legislative acts have been enacted by the Parliament.

Indian Constitution through various articles provides the labour rights. Though not directly but

indirectly the articles protects the labour rights. Article 14 of the constitution of India provides the

concept of Equality before law. The concept of equality is truly stated by Dr. Jennings with the

words, “Equality before the law means that among equals the law should be equal and should be

equally administered, that like should be treated alike. In the case of Randhir Singh V. Union of

India2 , the Supreme Court held that though the principle of ‘equal pay for equal work’ is not

expressly declared by our constitution as a fundamental right, but it is the goal of constitution by

Art.14, 16 and 39(c). So this right can be enforced in cases of unequal scales of pay based on

irrational classification. In Mewa Ram v. A.I.I. Medical Science3, the Supreme Court held that the

doctrine of 'equal pay for equal work' is not an abstract doctrine. Equality must be among equals,

unequal people cannot claim equality.

Indian Constitution through articles 21, 23, 24, 38, 39, 39-A, 41, 42, 43, 43-A and 47 gives an idea of

the conditions under which labour can be had for work and also of the responsibility of the

Government, both Central and State, towards the labour to secure for them social order and living

wages, keeping with the economic and political conditions of the country and dignity of the nation.

Articles 21, 23, and 24 form part of the Fundamental Rights guaranteed under part III of the

Constitution. Whereas Articles 38, 39, 39-A, 41, 42, 43, 43-A and 47 form part of the Directive

principles of state policy under part IV of the constitution. Under these articles it is the duty of the

State to promote the welfare of the people, by securing and protecting a social order in which justice

social, economic and political shall inform all the institutions of the national life; to make effective

provision for securing the right to work, education and public assistance in cases of employment,

etc., subject to limits of its economic capacity to make provision for just and humane condition of

work and for maternity relief; to endeavor, to secure by suitable legislation or economic organization

to all workers work, living wage, conditions of work ensuring a decent standard of life and full

enjoyment of leisure and social and cultural opportunities, to promote cottage industries on an

individual or cooperative basis in rural areas, and to raise the level of nutrition and the standard of

living and improve public health etc.

2 1982 AIR 879 3 1989 AIR 1256

Article 23 of the Constitution prohibits traffic in human being and beggar and other similar forms of

forced labour. 'Traffic in human beings' means selling and buying men and women like goods and

includes immoral traffic in women and children for immoral" or other purposes.

Article 24 of the Constitution prohibits employment of children below 14 years of age in factories

and hazardous employment. This provision is certainly in the interest of public health and safety of

life of children. Article 39 of the Constitution imposes upon the State an obligation to ensure that

the health and strength of workers, men and women, and the tender age of the children are not

abused and that citizens are not forced by economic necessary to enter avocations unsuited to their

age or strength.

Indian Constitution protects and provides safeguards to the labourer. The articles, though not

directly but indirectly, protects the rights of labourer. However it is indeed needed to be

implemented practically and the actions must be sought in case of avoidance of the principles.