The court established that the right to health and safety at the workplace is a fundamental right under Article 21 of the Constitution, and the state has an obligation to implement effective measures to protect workers from occupational diseases like silicosis.

JUDGMENT

VIKRAM NATH, J.

WRIT PETITION (CIVIL) NO. 110 OF 2006:

1. This writ petition has been filed under Article 32 of the Constitution of India by the petitioner-People’s Rights and Social Research Centre, a Delhi-based non-governmental organization, seeking intervention of this Court in addressing the grave issue of “Silicosis” among workers in various industries across the country. The petitioner organization, registered under the Societies Registration Act since December 20, 1999, has been actively involved in occupational health work, specifically concerning stone crusher workers, stone quarry workers and construction workers.

2. Silicosis is an incurable occupational lung disease caused by prolonged inhalation of silica dust and it has been rampant throughout India due to inadequate detection, monitoring, and remedial measures. It predominantly affects workers engaged in industries such as mining, construction, stone cutting, and sandblasting, where they are exposed to high levels of silica dust. Over time, the inhaled silica particles cause inflammation and scarring of the lung tissue, leading to reduced lung function and severe respiratory distress. The disease manifests in three forms: chronic, accelerated, and acute silicosis, depending on the intensity and duration of exposure. Chronic silicosis, the most common form, develops over 10 to 30 years of low to moderate exposure, while accelerated and acute forms occur over shorter periods with higher exposure levels. The symptoms include shortness of breath, persistent cough, chest pain, and fatigue, often leading to severe disability and premature death. Despite its preventable nature through adequate safety measures, monitoring, and use of protective equipment, the lack of stringent enforcement and awareness has resulted in a significant number of workers contracting this debilitating disease. The petitioner underscores the urgent need for systemic reforms to address the detection, prevention, and treatment of silicosis to protect the health and rights of workers across the country.

3. The petitioner contends that the pervasive and unchecked prevalence of silicosis among workers in various industries constitutes a violation of the workers’ fundamental rights under the Constitution of India. Central to this petition is the assertion that the right to health, safety, and a life of dignity, enshrined under Article 21 of the Constitution, is being grossly neglected. Furthermore, the Petitioner invokes the Directive Principles of State Policy, particularly Articles 39(e) and 42 of the Constitution of India which mandate the State to ensure that the health and strength of workers is not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength. The petitioner argues that the State's failure to protect workers from hazardous conditions and provide adequate medical care, compensation, and rehabilitation is a direct infringement of these constitutional mandates. Additionally, the petitioner submits that the Right to a clean and healthy environment, as implicit under Article 48A, is being violated. The petitioner also references Article 43, which directs the State to ensure a living wage, conditions of work ensuring a decent standard of life, and full enjoyment of leisure and social and cultural opportunities for workers.

4. The Petitioner organization highlights the lack of sufficient insurance, treatment, compensation, and rehabilitation for victims and their families. The Petitioner has urged this Court to direct the constitution of a high-level committee to comprehensively address the detection and management of silicosis and other occupational diseases among workers, particularly in the unorganized sector. Furthermore, the Petitioner seeks guidelines for the prevention and treatment of such diseases, the rehabilitation of affected persons and families, compensation for the families of deceased workers, and alternative