Right to healthHazardous industrySupreme Court of India

Consumer Education and Research Centre v Union of India

(1995) 3 Supreme Court Cases 4219951 min read
The case in brief30-second read
Facts
Workers in asbestos industries were exposed to lethal dust causing asbestosis and cancer. No adequate health safeguards, medical examinations, or insurance provided.
Issue
Whether the right to health and safe working conditions in hazardous industries is a fundamental right under Article 21.
Held
Right to health is an integral facet of right to life under Article 21.
Principle
Right to health and medical care at the workplace is a fundamental right under Article 21 (right to life). Employers in hazardous industries (asbestos) must provide health insurance, periodic medical examination, and safe working conditions. Workers' right to know about health hazards is part of Article 21.

Facts

  • Workers in asbestos industries were exposed to lethal dust causing asbestosis and cancer
  • No adequate health safeguards, medical examinations, or insurance provided
  • Consumer Education and Research Centre filed PIL
  • Workers themselves were unaware of the health risks

Issue

  1. Whether the right to health and safe working conditions in hazardous industries is a fundamental right under Article 21.

Held

  • Right to health is an integral facet of right to life under Article 21
  • Workers have a right to know about health hazards they face
  • Employers must provide: (a) health insurance, (b) periodic medical check-ups, (c) safe conditions
  • Government must update safety standards for hazardous industries
  • Comprehensive directions issued

Ratio decidendi

The right to health and medical care at the workplace is a fundamental right under Article 21. In hazardous industries, the employer owes a constitutional duty to provide health insurance, periodic medical examination, and full disclosure of occupational health risks. The workers' right to information about hazards is also part of Article 21.

Exam use

How to use it in an answer

  • Authority connecting Art. 21 to occupational health and social security
  • Relevant for ESI Act and social security framework
  • Key line: "In Consumer Education v. Union of India (1995), the Supreme Court held that the right to health at the workplace is a fundamental right under Article 21, mandating health insurance and medical examinations in hazardous industries."

Cite this

Citation

Consumer Education and Research Centre v. Union of India (1995) 3 Supreme Court Cases 42

Reported: (1995) 3 SCC 42. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.