Constitutional lawRight to healthSupreme Court of India

LIC of India v Consumer Education and Research Centre

(1995) 5 Supreme Court Cases 48219951 min read
The case in brief30-second read
Facts
Workers in asbestos industries suffered occupational health hazards. Consumer Education and Research Centre filed a PIL seeking enforcement of workers' right to health, medical care, and safe working conditions as part of the right to life under Article 21.
Issue
Whether the right to health and medical care of workers in hazardous industries is a fundamental right under Article 21 of the Constitution.
Held
The right to health, medical aid, and a safe working environment is a fundamental right under Article 21, read with Articles 39(e), 41, 43, and 48A (Directive Principles)
Principle
Right to health and medical care is a fundamental right under Article 21; the State and its instrumentalities must ensure workers' health in hazardous industries.
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Facts

  • Workers in asbestos industries suffered occupational health hazards
  • Consumer Education and Research Centre filed a PIL seeking enforcement of workers' right to health, medical care, and safe working conditions as part of the right to life under Article 21

Issue

  1. Whether the right to health and medical care of workers in hazardous industries is a fundamental right under Article 21 of the Constitution.

Held

  • The right to health, medical aid, and a safe working environment is a fundamental right under Article 21, read with Articles 39(e), 41, 43, and 48A (Directive Principles)
  • The employer, particularly the State and its instrumentalities, have an obligation to provide health insurance, periodic medical examination, and safe conditions to workers exposed to occupational hazards
  • Workers in hazardous industries are entitled to health insurance at the employer's cost

Ratio decidendi

The right to health is a fundamental right enforceable under Article 21, read with Directive Principles in Articles 39, 41, 43. The State and its instrumentalities must ensure workers' health in hazardous industries through insurance, medical care, and safe working conditions.

Exam use

How to use it in an answer

  • Part A: Authority for the expansion of Article 21 to include right to health and safe working conditions.
  • Part B: Illustrates the technique of reading Directive Principles into Article 21 to make them enforceable. Pair with Olga Tellis (right to livelihood) and Francis Coralie Mullin (right to live with dignity).
  • Key line: "Right to health is a fundamental right under Article 21, read with Directive Principles."

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Citation

LIC of India v Consumer Education and Research Centre (1995) 5 Supreme Court Cases 482

Reported: (1995) 5 Supreme Court Cases 482. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.