Social and Economic Rights in India
Social and economic rights form an integral part of human rights law in India. These rights aim to ensure that all citizens have access to basic necessities such as food, shelter, healthcare, education, and employment opportunities. In this chapter, we will explore the key social and economic rights under Indian law, along with relevant case laws and illustrations.
Right to Work
Article 39(a) of the Constitution of India states: "The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and other matters of public assistance."
Key legislation:
- Industrial Disputes Act, 1947 (Section 10A)
- Unemployment Allowance Scheme, 1959
Case law: Olga Tellis v. Bombay Municipal Corporation (1986)
In this landmark case, the Supreme Court held that the right to livelihood is a fundamental right under Article 21 of the Constitution. The court ruled that eviction of pavement dwellers without providing alternative accommodation violated their right to life.
Illustration: Consider the case of Mr. Kumar, who lost his job due to company restructuring. Under the Unemployment Allowance Scheme, he would be eligible for financial assistance until he finds new employment.
Right to Social Security
Article 42 of the Constitution states: "The State shall make provision for securing just and humane conditions of work."
Key legislation:
- Employees' Provident Funds and Miscellaneous Provisions Act, 1952
- Workmen's Compensation Act, 1923
Case law: Bharat Forge Ltd. v. Union of India (2003)
The Supreme Court upheld the constitutionality of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, ruling that it was a reasonable restriction under Article 19(6) of the Constitution.
Illustration: Ms. Singh, who worked as a factory worker for five years, is entitled to receive her provident fund benefits upon retirement or resignation.
Right to Education
Article 45 of the Constitution states: "The State shall endeavor to provide early childhood care and education to children below the age of six years."
Key legislation:
- Right of Children to Free and Compulsory Education Act, 2009
Case law: Unni Krishnan v. State of Andhra Pradesh (1993)
The Supreme Court held that the right to education is a fundamental right under Article 21A of the Constitution, which was added by the 86th Amendment Act, 2002.
Illustration: Under the Right of Children to Free and Compulsory Education Act, every child between the ages of 6 and 14 has the right to free and compulsory education in a neighborhood school.
Right to Healthcare
Article 47 of the Constitution states: "The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties."
Key legislation:
- National Rural Health Mission (2005)
- Mental Healthcare Act, 2017
Case law: Paschim Bangal Arogya Smiti v. State of West Bengal (1999)
The Supreme Court held that the right to healthcare is an integral part of Article 21 of the Constitution, which includes the right to medical care.
Illustration: Under the National Rural Health Mission, every village has been assigned a sub-centre with trained health workers who provide basic healthcare services to rural communities.
Right to Food
Article 47 of the Constitution states: "The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties."
Key legislation:
- National Food Security Act, 2013
Case law: Rajeev Kumar Gupta v. Union of India (2013)
The Supreme Court upheld the constitutionality of the National Food Security Act, ruling that it was a reasonable restriction under Article 14 of the Constitution.
Illustration: Under the National Food Security Act, eligible families receive subsidized food grains through Public Distribution System outlets.
In conclusion, social and economic rights play a crucial role in ensuring the dignity and well-being of citizens in India. These rights are enshrined in various provisions of the Constitution and supported by numerous laws and policies. As law students and LLB graduates, understanding these rights and their practical implications is essential for practicing lawyers and policymakers.
Remember, while these rights are fundamental, their realization often depends on the effective implementation of laws and policies by the government. Therefore, it is important to stay updated on recent developments and case laws in this area of law.