In Consumer Education and Research Centre v. Union of India (1995), the Supreme Court recognized right to health as part of Article 21, specifically holding that:
- Right to health is absolute and requires immediate universal healthcare
- Right to health includes occupational health safeguards for workers, and State must ensure safe working conditions
- Right to health applies only to government hospitals, not private healthcare
- Right to health is non-justiciable and covered only under Directive Principles
Answer: Right to health includes occupational health safeguards for workers, and State must ensure safe working conditions
Consumer Education (1995) right to health and occupational safety: (a) Context: Petition regarding health hazards faced by workers in asbestos industries; issue of State's obligation to ensure occupational safety, (b) Supreme Court holding: (i) Right to health is integral to right to life under Article 21, (ii) Right to health includes occupational health safeguards: Safe working conditions, protective equipment, medical check-ups, compensation for occupational diseases, (iii) State has positive obligation to enforce labour laws, ensure safe working conditions, provide healthcare for occupational diseases, (c) Applications: (i) Occupational safety: Factories Act, Mines Act, other labour laws enforced to ensure safe working conditions, (ii) Compensation: Workers entitled to compensation for occupational diseases, disabilities under workmen's compensation laws, (iii) Healthcare access: State must ensure access to healthcare for workers, especially in hazardous industries, (d) Subsequent developments: (i) Ayushman Bharat: Universal health insurance scheme operationalizes right to health for economically vulnerable, (ii) Occupational health regulations: Strengthened safeguards for workers in hazardous industries, (e) Rationale: (i) Dignity: Safe working conditions essential for human dignity, autonomy, (ii) Equality: Occupational health safeguards protect vulnerable workers from exploitation, health hazards, (iii) Development: Healthy workforce essential for economic growth, social progress, (f) Illustrates transformative constitutionalism: Article 21 interpreted to impose positive obligations on State for occupational health; judicial enforcement enables realization of socio-economic rights through State action.