LexOCCUPATIONAL HEALTH AND SAFETY ASSOCIATION versus UNION OF INDIA AND OTHERS
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A B [2014] 4 S C.R. 10 OCCUPATIONAL HEALTH AND SAFETY ASSOCIATION V. UNION OF INDIA AND OTHERS (Writ Petition (Civil) No. 79 of 2005) JANUARY 31, 2014 [K.S. RADHAKRISHNAN AND A.K. SIKRI JJ.] CONSTITUTION OF IND/A, 1950: c Art. 21 rlw Arts. 39, 41 and 42 - Right to health - Workers working in Coal Fired Thermal Power Plants(CFTPPs) - Exposed to serious health hazards and occupational health disorders - Held: Right to live with human dignity enshrined in Art. 21 derives its life breath from the Directive Principles 0 of State Policy, particularly clauses (e) and (f) of Art. 39, Arts. 41 and 42 -- Those Articles include protection of health and strength of workers and just and humane conditions of work - - When workers are engaged in such hazardous and risky jobs, then responsibility and duty on State is double-fold -- Occupational health and safety issues of CFTPPs are E associated with thermal discharge, air and coal emission, fire hazards, explosion hazards etc. -- Necessity for constant supervision and the drive to mitigate harmful effects on workers is of extreme importance -- CFTPPs are spread over various States in the country - It would be appropriate for F respective High Courts to examine whether CFTPPs are complying with safety standards and the rules and regulations and the issues projected in the judgment relating to the health of the employees working in various CFTPPs within their jurisdiction - The matter is, therefore, relegated to High Courts G to examine the issues with the assistance of State Governments after calling for necessary Reports from the CFTPPs situated in their respective States. The Petitioner, a non-profit occupational health and H 10 OCCUPATIONAL HEALTH AND SAFETY ASSN. v. 11 UNION OF INDIA safety organization, filed the instant writ petition in order A to seek, inter alia, directions of the Court to frame guidelines with respect to occupational safety and health regulations to be maintained by various Coal Fired Thermal Power Plants (CFTPPs) for their workers throughout the country. The petitioner highlighted B serious diseases the workers working in thermal plants were suffering for over a period of years. The Report produced by the petitioner would indicate that half of the workers had lung function abnormalities, pulmonary function test abnormalities, senor neuro loss, skin c diseases, asthama, and so on. The Court in its interim order on 30.1.2008 noted 9 main suggestions put forward before it. It was pointed out that suggestions no.1 to 7 were accepted by the Central Government as they were broadly covered in various existing enactments and 0 consequently pro-occupational action would be taken for effective implementation of the relevant laws, in particular, areas covered by those suggestions. As regards suggestion nos. 8 and 9 it was stated that Central Government would examine their implementation. The Court had also directed the Ministry of Labour to take E steps to see that those suggestions and relevant provisions of the various Labour Acts are properly implemented to protect the welfare of the employees. Disposing of the petition, the Court HELD: 1.1 Right to health i.e. right to live in a clean, hygienic and safe environment is a right flowing from Art. 21 of the Constitution of India. For eking a livelihood and F for national interest, many employees work in G dangerous, risky and unhygienic environment. Right to live with human dignity enshrined in Art. 21 derives its life breath from the Directive Principles of State Policy, particularly clauses (e) and (f) of Art. 39, Arts. 41 and 42 of the Constitution. Those Articles include protection of H 12 SUPREME COURT REPORTS [2014] 4 S.C.R. A health and strength of workers and just and humane conditions of work. Those are minimum requirements which must exist to enable a person to live with human dignity. Every State has an obligation and duty to provide at least the minimum condition ensuring human dignity. B But when workers are engaged in such hazardous and risky jobs, then the responsibility and duty on the State is double-fold. Occupational health and safety issues of CFTPPs are associated with thermal discharge, air and coal emission, fire hazards, explosion hazards etc. Dust c emanates also contain free silica associated with silicosis, arsenic leading to skin and lung cancer, coal dust leading to black lung and the potential
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