LIJDLR

WORKPLACE SAFETY IN INDIA: JUDICIAL FOUNDATIONS AND THE OSHWC CODE, 2020

Hanishree Saravanan, 8th semester student pursuing BBA LLB(HONS) at School of Excellence in Law, Tamilnadu Dr.Ambedkar Law University (India)

The recognition of a safe workplace as a fundamental right represents a significant evolution in Indian constitutional and labour jurisprudence. Traditionally, workplace safety in India was governed through fragmented statutory frameworks such as the Factories Act, 1948 and the Mines Act, 1952, which treated occupational safety primarily as a regulatory obligation imposed upon employers. However, judicial interpretation, particularly by the Supreme Court of India, transformed this understanding by expanding the scope of Article 21 of the Constitution to include the right to health, dignity, and humane working conditions. Landmark decisions such as People’s Union for Democratic Rights v. Union of India, Bandhua Mukti Morcha v. Union of India, and Consumer Education and Research Centre v. Union of India established that unsafe and exploitative working environments violate the constitutional guarantee of life and personal liberty. The Occupational Safety, Health and Working Conditions Code, 2020 (OSHWC Code) represents a legislative response to this evolving constitutional vision by consolidating thirteen labour laws into a unified framework governing occupational safety, health, and welfare. The Code seeks to standardize safety obligations, strengthen employer accountability, and introduce modern compliance mechanisms such as digital inspections and risk-based regulation. This paper examines the judicial foundations that elevated workplace safety to a constitutional right and critically evaluates whether the OSHWC Code adequately reflects these principles. It argues that while the Code institutionalizes judicially recognized protections, effective enforcement and implementation remain essential to realizing workplace safety as a substantive fundamental right rather than a merely statutory promise. The study highlights the continuing role of constitutional courts in bridging gaps between legislative intent and workplace realities in India’s evolving labour governance framework.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 2354–2376.
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