Constitutional Protection of Labour Rights In India

Safeguarding the Rights of Workers

Introduction:

An integral part of any democratic society are labour rights. To ensure their wellbeing and dignity, workers—who are the foundation of the economy—deserve adequate protection and recognition of their rights.  Being one of the biggest democracies in the world, India has many rights and protections for its citizens enshrined in its Constitution.

The Indian Constitution includes a number of rights and protections for the welfare and security of labours, who make up a significant percentage of the nation’s population. It guarantees the treatment of the labour force in a fair and just manner. This blog will cover the provisions of the Indian Constitution that safeguard workers’ rights at work and how crucial they are.

Constitutional Provisions for Labour Rights:

The Indian Constitution enshrines several fundamental rights and directive principles of state policy that protect the rights of laborers. Some of the key constitutional provisions for labour rights in India are:

• Right to Equality (Article 14): Article 14 of the Constitution guarantees the right to equality before the law and equal protection of laws to all citizens, including workers. The said provision guarantees that employees are treated fairly and without bias in all employment-related matters and are not subjected to discrimination on the basis of race, religion, caste, gender, or any other factor.

In the case of Randhir Singh v. Union of India (1982)[1], the Supreme Court of India held that the principle of equal pay for equal work is a constitutional right. The court ruled that employees have a right to equal pay for equal work regardless of the nature of their employment, which means that employees performing the same or similar work have a right to the same wages regardless of whether they are permanent, temporary, or contractual employees. This landmark case served as a precedent for subsequent equal pay cases and emphasised the significance of guaranteeing wages and benefits equality for workers, regardless of their employment status.

• Right to Freedom (Article 19): Article 19 guarantees certain freedoms, such as the freedom of speech and expression, assembly, and association, which are necessary for labour rights. This provision empowers workers to form trade unions and engage in collective bargaining to protect their interests and improve their working conditions.
• Right to Life and Personal Liberty (Article 21): The Indian Constitution guarantees the Right to Life and Personal Liberty, which has been interpreted by the judiciary to include the right to work with dignity and in a safe and healthy environment

In the case of Charan Lal Sahu v. Union of India (1990)[2], the Supreme Court of India held that the right to health and safety at the workplace is a fundamental right of workers. The court emphasised that any violation of this right can be challenged under Article 32 of the Constitution, which guarantees the right to constitutional remedies, and that it is the duty of the employer to provide a safe working environment. This case brought to light how important it is to safeguard employees’ health and safety as a crucial component of their right to life and personal freedom.

• Right against Exploitation (Article 23 and 24): Article 23 prohibits trafficking and forced labor, and Article 24 prohibits the employment of children below the age of 14 in any hazardous industry. These provisions seek to protect workers’ rights to safe and healthy working conditions and to stop the exploitation of workers, especially vulnerable groups like children and trafficked individuals.

In the case of Bandhua Mukti Morcha v. Union of India (1984)[3], the Supreme Court of India recognized the right to live with dignity as a fundamental right, and held that bonded labour or child labour is a form of modern-day slavery and is thus unconstitutional for violating the fundamental rights of workers. In an effort to end child labour, the Supreme Court worked with the State of Uttar Pradesh to ban the use of child labour in the carpet industry, issue government assistance orders banning child labour under the age of 14, and grant children access to offices for education and health. The state was further ordered by the court to take action to end bonded labour and make sure that no one is forced or exploited to work. This precedent-setting case emphasised the significance of safeguarding vulnerable workers from exploitation and bonded labour and emphasised the responsibility of the state to ensure just and humane working conditions.

• Directive Principles of State Policy: The Constitution of India also directs the State to promote the welfare of labourers and to secure for them just and humane conditions of work. The Directive Principles of State Policy contained in Part IV of the Constitution provide for the protection of workers’ interests and rights.

Article 39 of the Constitution outlines various principles, such as the right to work, just and humane conditions of work, equal pay for equal work, and protection against unemployment and exploitation.

Article 39(a) directs the State to ensure that the citizens, men, and women equally have the right to an adequate means of livelihood. Article 39(b) directs the State to ensure that there is no concentration of wealth and means of production in a few hands, thereby promoting a more equitable distribution of resources.

Article 38 and 41 of the Constitution highlight the state’s duty to promote social justice and ensure the well-being of workers. Article 38 directs the state to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life. Article 41 requires the state directs the state to secure the right to work, education and public assistance in certain cases such as unemployment, old age, sickness and disablement.

Though not enforceable by courts, these principles guide the state in formulating policies and laws related to labour rights.

• The Constitution also provides for the establishment of labour courts and tribunals for the speedy resolution of labour disputes. Article 323A provides for the establishment of administrative tribunals for the adjudication of disputes related to recruitment and conditions of service of persons appointed to public services and posts.

Significance of Constitutional Protection of Labour Rights:

The constitutional protection of labour rights in India is of immense significance as it ensures that workers are treated fairly, have access to just and humane working conditions, and are protected against exploitation. Since it guarantees that workers are treated fairly, have access to just and humane working conditions, and are protected against exploitation, India’s constitutional protection of labour rights is of utmost importance. These safeguards are essential for the welfare and dignity of workers and support social justice and the nation’s economic growth.

Ensures Workers’ Dignity and Well-Being: Workers are treated with respect and dignity at work thanks to constitutional protection of their rights. In addition to promoting equal pay, secure working conditions, and social security, it outlaws discrimination, exploitation, and forced labour. These safeguards help workers and their families live better lives overall and raise their standard of living.

Promotes Social Justice and Equality: The Constitution’s protection of labour rights reduces inequalities in income, status, and opportunity. It guarantees that workers, including those from marginalised groups, have access to equal employment opportunities and are not the target of prejudice on the basis of caste, religion, gender, or other factors. Additionally, it encourages workplace gender equality and outlaws child labour, fostering a more just and equitable society.

Conclusion

In conclusion, the Indian Constitution protects labours through a number of rules and safeguards. The Constitution acknowledges the value of labour and works to protect workers’ rights and ensure fair and compassionate working conditions. Although these provisions are enshrined in the Indian Constitution, it is important to note that they have yet to be effectively implemented or enforced. The country’s dedication to upholding the rights and dignity of its citizens, particularly the most vulnerable segments of society, is demonstrated by the Constitution’s provisions on labour protection.

[1] Randhir Singh v. Union of India, (1982) 1 SCC 618

[2] Charan Lal Sahu v. Union of India, (1990) 1 SCC 613

[3] Bandhua Mukti Morcha v. Union of India, (1984) 3 SCC 161