Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1950: Art. 21 rlw Arts. 39 CONSTITUTION OF IND/A 41 and 42 - Right to health |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | CONSTITUTION OF IND/A, 1950: Art. 21 r/w 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 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 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 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 to examine the issues with the assistance of State Governments after calling for necessary Reports from the CFTPPs situated in their respective States. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2014 INSC 72 |
Petitioner | Occupational Health And Safety Association |
Respondent | Union Of India And Others |
SCR | [2014] 4 S.C.R. 10 |
Judgement Date | 2014-01-31 |
Case Number | 79 |
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