Page 141 - Constitution

70 Years of Indian

Constitution

“Article 21 imposes an obligation on
life. Failure on the part of a Government hospital to
the State to safeguard the right to life
provide timely medical treatment to a person in need
of such treatment results in violation of his right to life of every person. Preservation of human
life is thus of paramount importance.
guaranteed under Article 21.”
In CESE Ltd v. Subhash Chandra Bose (1992), the
apex court stated the following: “Right to livelihood
only to those who are in the organised sector while
springs from the right to life guaranteed under Art.21.
the vast population in the unorganized sector is left
The health and strength of a worker is an integral fact
at the mercy of the state governments which were
of riht to life.”
looking at the funds from the Centre.
The initial phase of lockdown resulted in a huge
Right to health for the migrant workers
impact on the economic activity in almost all sectors
The Supreme Court, in its landmark judgment in
and the migrant workers, having no source of income,
Consumer Education & Research Centre (CERC)
were compelled to get back to their villages to resolve
and others v. Union of India and others, while
sustenance issues.
enforcing Right to Health of the workers working

in a hazardous industry, held that “The compelling Right to Education

necessity to work in an industry exposed to health
The Supreme Court in the case of Unnikrishnan, J
hazards due to indigence to bread-winning for
P vs State of Andhra Pradesh, The Court (majority
himself and his dependents should not be at the cost
judgment) held that ‘though right to education is not
of health and vigour of the workman”.
stated expressly as a fundamental right, it is implicit
Covid-19 makes the healthcare workers fall under
in and flows from the right to life guaranteed under
the contours laid down in the CERC judgment,
Article21... (and) must be construed in the light of the
thereby making the lack of PPEs a grave violation of
Directive Principles of the Constitution. Thus, ‘right
the Fundamental Rights of the healthcare workers.
to education, understood in the context of Article 45
The scheme of unemployment wages provided
and 41 means: (a) every child/citizen of this country
by the State to the workers is plagued with major
has a right to free education until he completes
issues. There seems to exist a large gap between
the age of fourteen years and (b) after a child/
those who need it versus those who are availing it.
citizen completes 14 years, his right to education is
The Employees State Insurance Scheme is available

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