RIGHTS OF HEALTH WORKERS –

WITH REFERENCE TO CERTAIN

CASE LAWS
- K. AARTHI
23LLM021
Introduction
 The highest political body in our country, the Parliament, has always been
proactive in adapting to the requirements of a dynamic society.
 The quick pace of change in people’s social habits is a direct result of
urbanization and industrialization.
 The most crucial point is that, as a result of societal shifts, new laws must be
enacted to better safeguard the rights of disadvantaged groups and
vulnerable populations.
 Legislation passed by the Indian Parliament aimed at promoting social well-
being has had a significant impact on Indian society.
 The ideals outlined in our Constitution serve as the basis for the creation of
these laws.
 Women, children, workers, etc., are all protected by various laws that have
been enacted for this purpose. In addition to the aims outlined, our
Constitution also guarantees a number of basic liberties.
 The Right to Health Care is one of the most fundamental, and as such it
requires special law.
“Law is but the means, health and justice are the ends “

 Nonetheless, since the country gained its independence, the healthcare industry has
been given top priority.
 A person’s health can be significantly impacted by their workplace and the type of
work they do. Work- related illness gave rise to the field of occupational medicine.
 Work-related injuries, disabilities, and illnesses are all included under the umbrella
term “occupational health”.
 Additionally, it covers not only occupational diseases but all aspects that influence
public health .
 The protection and “improvement of public health” and safety is not the main focus
of the law.
 Good governance is essential to the rule of law because it guarantees the honest
and effective functioning of public institutions and societal systems.
 Priority-setting, outcome-monitoring, openness, participation from civil society,
fighting corruption, and holding officials accountable are all components of good
governance.
 It necessitates a regulatory competence to properly implement legal laws and an
impartial judicial system.
 In a nutshell, the term ‘good governance. refers to a social system in which rules are
made and enforced for the greater benefit and are applied uniformly and fairly.
Right to Health & Health Systems

 States need to put money into the parts of a functional health care system if
they are going to respect, defend, and provide for the right to health.
 All ‘organizations, persons and actions whose primary aim is to promote,
restore, or preserve health’ are included in WHO’s definition of a health
system” .
 Public policies, regulatory frameworks, health legislation, and inter-sectoral
activities by government ministries all have a role, as do the supply of health
services by the government and the private sector.
 People are more inclined to heed government advice and comply with
legitimate directives in the event of a pandemic or contagious disease if they
believe they will be treated fairly and under the rule of law.
 Distinct patterns of health disparity are typically associated with
socioeconomic level and work against the attainment of other social and
economic aims in most nations.
 Health inequalities are caused by a variety of social, economic, and
environmental variables, all of which must be addressed for governments to
make progress towards attaining the right to health for their citizens .
Right to Health of Workers under Various Sectors:

• The Indian Parliament consolidated 25 labour laws into three

codes last year (2020): the Social Security Code, the Code on
Industrial Relations, and the Code on Occupational Safety,
Health, and Working Conditions.”
• The rules have not been officially announced by either the
federal or state governments.
• Once the public is made aware of the new laws, only then will
they go into force.
• The Factories Act of 1948 mandates that every business or
organization with employees must look out for their health,
safety and welfare .
The OSH Code (2019)
 Indian lawmakers are debating whether or not to pass a bill titled the “Occupational
Safety, Health and Working Conditions Code (OSH).”
 Thirteen existing labour regulations regulating workplace health and safety would be
nullified and replaced with the OSH Code.
 It is important to highlight that self-employed people operating out of their homes are
not covered by the OSH legislation.
 Every employer has a responsibility under the proposed Occupational Safety, Health
and Working Conditions Code, 2019 to provide a workplace free from dangers that
cause or are likely to cause harm or occupational disease to workers.
 The OSH Code expands the restrictions to include architects, designers, project
engineers, etc., and adds provisions for owners and agents of mines, docks,
plantations.
 A responsible employer or occupier will provide and maintain equipment and
procedures that are free of hazards to employees health.
 Precautions should be taken to eliminate hazards connected with the application,
manipulation, storage, and transportation of materials.
 Each and every employer shall comply with the provisions of this Code and the
regulations, rules, by-laws, and orders promulgated thereunder relating to
occupational safety and health
Right to health under Indian laws

Rights & Duties of Health Workers during Covid-19 & Their Right to
Health:
 Health Care Worker Rights
 Patient responsibilities
Role of Judiciary - Right To Health of Workers
• Francis Coralie Mullin v. Union Territory of Delhi
• Bandhua Mukti Morcha v. Union of India
• Parmanand Katara v. Union of India
• Rajangam, Secretary, District Beedi Worker’s Union v. State of Tamil
Nadu
• CESC Ltd. v. Subash Chandra Bose
• Occupational Health and Safety Association v. Union of India and others
 Fundamental rights: Article 14, Article 15, Article 21, Article 23

 DPSP: Article 39e, Article 45, Article 46

Conclusion

The state and its instruments have a responsibility to ensure

that all of its inhabitants have equal access to high-quality
health care.
The Constitution places obligations on individual citizens to
help advance national health.
The fact that it has not yet received the recognition it merits
has led to numerous individuals bringing public interest
lawsuits regarding health-related issues.
It’s imperative that we band together and take the necessary
action to accomplish this goal and uphold a healthy lifestyle.
To ensure that State will guarantee and improve public health,
its inclusion in DPSP was a constitutionally mandated task.