The concept of Article 39(e) is a specific provision within the Directive Principles of State Policy (DPSP), which are enshrined in Part IV of the Constitution of India. It is a guiding principle for the State, meaning it is non-justiciable and cannot be enforced in a court of law, but is considered "fundamental in the governance of the country".
Article 39(e) mandates that the State shall direct its policy towards securing that "the health and strength of workers, men and women, and the tender age of children are not abused". Furthermore, it provides that citizens should not be forced by economic necessity to enter avocations unsuited to their age or strength. This provision was part of the original Article 39, which was debated in the Constituent Assembly as Draft Article 31 and adopted on November 22, 1948, with the aim of promoting the economic welfare of citizens and establishing a welfare state. The problem it sought to solve was the exploitation of vulnerable groups, particularly workers and children, due to economic compulsion.
It works by serving as a constitutional mandate for the government to enact protective legislation. This principle connects directly to other laws like the Factories Act, 1948, the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, and the Equal Remuneration Act, 1976, which are legislative measures enacted in furtherance of the objectives of Article 39. While Article 39(e) itself has not been amended, its companion clause, Article 39(f), which deals with child welfare, was substituted by the 42nd Constitutional Amendment Act, 1976, to expand its scope and ensure children are given opportunities and facilities for healthy development and protection against exploitation. The Supreme Court has often used the principles in Article 39 to interpret and uphold the Fundamental Rights, viewing the DPSP and Fundamental Rights as complementary.