Create a custom practice set
Pick category, difficulty, number of questions, and time limit. Start instantly with your own quiz.
Generate QuizGK Question
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.