LEGAL FOUNDATIONS FOR THE RIGHT TO DISCONNECT IN INDIA: CONSTITUTIONAL IMPERATIVES, LEGISLATIVE LACUNAE, AND A COMPARATIVE FRAMEWORK

Author Name: 1. Dr. Parul Pareek

Volume/Issue: 06/04

Country: India

DOI NO.: 08.2020-25662434 DOI Link: https://doi-ds.org/doilink/10.2025-28879773/UIJIR

Affiliation:

1. Associate Advocate; Independent Researcher; Former Assistant Professor Sol, MUST, Laxmangarh, Sikar, Rajasthan. India.

ABSTRACT

The digitalisation of work, accelerated by the COVID-19 pandemic, has engendered an "always-on" culture, eroding the boundaries between professional and personal life and posing significant risks to worker well-being. This article provides a critical examination of the legal foundations for a "Right to Disconnect" (RTD) within the Indian legal landscape. It argues that while a robust constitutional basis for the RTD exists anchored in an expansive interpretation of Article 21 (Right to Life) and supported by Directive Principles of State Policy, the newly consolidated Labour Codes of 2019-2020 represent a profound legislative lacuna in failing to explicitly codify this right. The article employs a comparative methodology, analysing the legislative frameworks of France, Italy, and Spain, to distill transferable principles for the Indian context. It engages with counterarguments from employer flexibility and global competitiveness perspectives, providing a nuanced rebuttal grounded in sustainable productivity. The article concludes by proposing a multi-stakeholder model for India, advocating for a specific amendment to the Occupational Safety, Health and Working Conditions Code, 2020. Its primary contribution lies in its synthesis of constitutional doctrine, critical legislative analysis, and a pragmatic comparative framework to propose a uniquely Indian model for institutionalising this essential right for the modern digital workforce, including those in platform-based work.

Key words: Right to Disconnect, Digital Labour Law, Indian Constitution, Indian Labour Codes, Comparative Labour Law, Work-Life Balance, Platform Work, Occupational Health, Article 21.