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Home > Know Your Rights > Right to work under NREGA
FAQ's | Landmark Judgements | Legal Frameworks

Landmark Judgments

·  In Bandhua Mukti Morcha Vs. Union of India, (1984), the court gave extensive directions to the state government to enable it to discharge its constitutional obligation towards the bonded laborers. The court held that- “The right to live with human dignity enshrined in Article 21 derives its life breath from the Directive Principles of State Policy and particularly clauses (e) and (f) of Article 39 and Article 41 and 42 and at the least, therefore, it must include protection of the health and strength of workers, men and women, and of the tender age of children against abuse, opportunities and facilities for children to develop in a healthy manner and in conditions of freedom and dignity, educational facilities, just and humane conditions of work and maternity relief. These are the minimum requirements which must exist in order to enable a person to live with human dignity and no State has the right to take any action which will deprive a person of the enjoyment of these basic essentials.”

 

·  More recently, the court performed a similar exercise when, in the context of articles 21 and 42, it evolved legally binding guidelines to deal with the problems of sexual harassment of women at the work place in Vishaka Vs. State of Rajasthan (1997). The right of workmen to be heard at the stage of winding up of a company was a contentious issue. The court observed: “It is therefore idle to contend 32 years after coming into force of the Constitution and particularly after the introduction of article 43-A in the Constitution that the workers should have no voice in the determination of the question whether the enterprises should continue to run or be shut down under an order of the court.“

 
 
 
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