Friday 23 May 2014

Right to live in a clean, hygienic and safe environment is fundamental right

Constitution of India
Arts. 21, 39(e), 39(f), 41, 42, 14, 226 and 32 - Right to live in a clean, hygienic and safe environment and duty of State
pointed out - Double-fold duty of State to protect unfortunate workers working/living in dangerous, risky and unhygienic
environment for eking out a livelihood - Necessity for constant supervision and the drive to mitigate the harmful effects on
the workers,
Occupational Health & Safety Assn. v. Union of India, (2014) 3 SCC 547

Constitution of India
Arts. 21, 39(e), 39(f), 41, 42, 14, 32 and 226 - Coal-fired thermal power plants (CFTPPs) - Occupational health hazards
of persons working in - Adequacy of measures to redress - High Court being better equipped to examine relevant issues -
Matter remanded to various High Courts of the country by directing them to examine the following issues - (a) whether
coal-fired thermal power plants (CFTPPs) are complying with safety standards and statutory prescriptions, (b) whether
there is adequate heath delivery system in place, (c) whether there is any evaluation of occupational health status of
workers, and (d) whether any effective medical treatment is meted out to them including compensation, etc. - High Courts
directed to examine these aspects independently with the assistance of State Government concerned and initiate suo
motu proceedings for this - Report of National Institute of Occupational Health (NIOH) and copy of judgment sent to High
Courts for complying with said directions - However, High Courts cautioned that the report of NIOH is not comprehensive
and thus High Court concerned should independently examine the issues after calling for the report about CFTPPs,

Constitution of India
Arts. 21, 39(e), 39(f), 41, 42, 14, 226 and 32 - Right to live in a clean, hygienic and safe environment and duty of State
pointed out - Double-fold duty of State to protect unfortunate workers working/living in dangerous, risky and unhygienic
environment for eking out a livelihood - Necessity for constant supervision and the drive to mitigate the harmful effects on
the workers, (2014) 3 SCC 547-B
Infrastructure Laws
Energy and Power
Coal-fired thermal power plants (CFTPPs) - Statics relating to thermal coal power industry and production, discussed,

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