Indian Kanoon - Search engine for Indian Law

64. India joined the UN at the start on October 30th, 1945 and on 12th December, 1948 when the Universal Declaration of Human Rights (UDHR) was proclaimed, India was a party to this. The formulation of India‟s Constitution was certainly influenced by the UDHR and this is reflected in the Fundamental Rights and the Directive Principles of State Policy. Most of the civil and political rights are guaranteed under the Indian Constitution as Fundamental Rights. But most of the Economic, Social and Cultural Rights do not have such a guarantee. The Constitution makes a forceful appeal to the State through the Directive Principles to work towards assuring these rights through the process of governance but clearly states that any court cannot enforce them. The experience of governance in India shows that both Fundamental Rights and Directive Principles have been used as a political tool. While the Fundamental Rights are justiciable, and on a number of occasions citizens and courts have intervened to uphold them, there have also been numerous instances where even the courts have failed either because the ruling government has steamrolled them or the court orders have been ignored. In case of the Directive Principles it is mostly political mileage, which determines which of the principles get addressed through governance. Articles 41, 42 and 47, which deal with social security, maternity benefits and health, respectively, have been addressed only marginally.

CJ & MSM,J WP (PIL)_164_2019 & WP (PIL)_236_2021

65. Article 25(2) of the UDHR ensures right to standard of adequate living for health and well being of the individual including medical care, sickness and disability, Article 2(b) of the International Convention on Economic, Social and Cultural Rights (ICESCR) protects the right of worker to enjoy just and favourable conditions of work ensuring safe and healthy working conditions. The right to health to a worker is an integral facet of meaningful right to life to have not only a meaningful existence but also robust health and vigour without which worker would lead life of misery. Lack of health denudes his livelihood. Compelling economic necessity to work in an industry exposed to health hazards due to indigence to bread winning to him and his dependents should not beat the cost of the health and vigour of the workman.