Article 39(e) and (f) are provisions within the Directive Principles of State Policy (DPSP), which are non-justiciable guidelines for the State in Part IV of the Indian Constitution. The concept originated during the drafting of the Constitution, with Draft Article 31 (which became Article 39) being debated on November 22, 1948, to secure economic justice and protect vulnerable sections of society.
Article 39(e) directs the State to ensure that the health and strength of workers, both men and women, and the tender age of children are not abused. It also mandates that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength. Article 39(f) directs the State to provide children with opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity. It further requires that childhood and youth be protected against exploitation and against moral and material abandonment.
The original Article 39(f) was substituted by the 42nd Constitutional Amendment Act, 1976. This amendment broadened the provision to explicitly include the State's duty to provide "opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity". The core principle of protecting children from exploitation and abandonment remained, but the State's positive obligation for their healthy development was strengthened.
These principles connect directly to the fundamental right to life under Article 21, as the Supreme Court has interpreted the right to life to include the right to live with dignity, which is reinforced by the goals of Article 39. They also inform legislation such as the Child Labour (Prohibition and Regulation) Amendment Act, 2016, which prohibits the employment of children under 14 years.