Hard Hats And Human Dignity - “Rethinking Occupational Safety And Social Security In A Changing World
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Category: General Law
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HARD HATS AND HUMAN DIGNITY: “RETHINKING
OCCUPATIONAL SAFETY AND SOCIAL SECURITY IN A CHANGING WORLD" Anshika Dhingra, LLB (Hons. ), National Forensic Sciences University Gandhinagar “The labour of the human body, and the work of the hands, is not a commodity. It is the foundation of all wealth, and the cornerstone of any just legal order. ” — Justice V. R. Krishna Iyer The Silent Crisis on the Shop Floor Occupational safety and social security are no longer just policy buzzwords—they are the very lifelines of equitable development in an economy striving for inclusivity. In the vast and diverse Indian labour market, ranging from metropolitan tech hubs to rural industrial belts, workers form the backbone of productivity and progress. Yet, millions still work in conditions that are unsafe, uncertain, and unrewarding.
Despite legislative frameworks and constitutional ideals promising the right to life and dignity under Article 21, the reality for many workers remains grim. India reports thousands of industrial accidents every year—be it the tragic 1Vizag gas leak in 2020, the illegal mining collapses in Jharkhand, or the recurring deaths of sanitation workers due to manual scavenging, often unreported and unacknowledged. In the relentless churn of economic growth, it is often the calloused hands of the worker that bear the weight of development. From dusty construction sites to gleaming data centers, occupational hazards persist—not always visible, but ever-present.
While the promise of Article 21 of the Indian Constitution extends the right to life with dignity, for millions of workers, particularly in informal sectors, that right remains elusive in the face of unsafe working conditions, precarious employment, and weak access to social security. The time has 1 Sumit Bhattacharjee, Vizag styrene gas leak: ‘little has been done on follow-up treatment of victims’, The Hindu (Mar. 19, 2022), https://www. thehindu. com/news/national/andhra-pradesh/vizag-styrene-gas-leak-littlehas-been-done-on-followup-treatment-of-victims/article65240443. ece. come to treat occupational safety and social protection not as administrative obligations, but as foundational to human dignity and equitable progress.
The Constitutional Imperative: Safety and Security as Rights India’s Constitution offers implicit protection for workers through Article 21, interpreted by courts to encompass the right to health, safety, and a clean working environment. Article 39(e) of the Directive Principles further mandates the state to ensure that workers are not forced into vocations that compromise their strength and well-being. The case of Consumer Education and Research Centre v. Union of India (1995)2 remains foundational. The Supreme Court recognized the right to health and medical care for industrial workers as an essential facet of Article 21, ruling that employers are duty-bound to ensure occupational safety and provide healthcare for diseases caused by hazardous industries.
This jurisprudence underpins the shift in occupational safety laws from regulatory formality to a constitutional necessity, mandating affirmative state action and employer accountability. Legal Infrastructure: From Fragmentation to Codification For decades, India’s occupational safety regime was split across over a dozen legislations. The Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code) sought to unify 13 such laws, including the Factories Act (1948), the Mines Act (1952), and others. The OSH Code introduces broader definitions of “worker” and “establishment,” requires appointment of safety officers, mandates health checkups, and allows for the constitution of safety committees.
However, critics like Sankaran (2020) argue that while the Code streamlines administration, it lacks a rights-based approach and leaves excessive discretion to state governments, particularly in framing safety standards and thresholds for applicability. For example, the increase in the threshold from 10 to 20 workers for the definition of a factory potentially excludes small and medium units where violations are frequent (Srivastava, 2021). Moreover, the Code is yet to be operationalized effectively across states, leading to regulatory
2 [1995] Supp. (1) S.C.R. 349
ambiguity and fragmented implementation. Informality and the Unseen Workforce India’s labour landscape is defined by its overwhelming informality. As per the International Labour Organization (ILO, 2021), over 90% of India’s workforce is employed in the informal sector, lacking written contracts, social security coverage, or workplace protections. This invisible majority includes construction workers, domestic help, agricultural labourers, sanitation workers, and increasingly, gig and platform workers—all of whom remain at the margins of labour law enforcement. The construction industry, employing nearly 50 million workers, is one of the most hazardous informal sectors. A pivotal study by 3Agrawal and Srivastava (2020) surveyed over 100 construction sites in urban India and found that fewer than 15% of workers were provided helmets or harnesses.
Many reported injuries without compensation, and even those registered with state welfare boards like the Delhi Building and Other Construction Workers Welfare Board were denied timely medical aid. The Delhi High Court in Harvinder v. Govt. of NCT of Delhi (2019) emphasized that registration alone was not enough—states must ensure active disbursement of welfare benefits. The rise of the gig economy—especially food delivery workers, ride-hailing drivers, and ecommerce logisticians—has introduced a new form of informality masked as entrepreneurship. Gig workers operate in precarious conditions, lacking clear employeremployee relationships, and thus fall outside the purview of the Factories Act, 1948 or Employees’ State Insurance Act, 1948.
The tragic death of a Zomato delivery rider in Delhi in 2022 during a late-night order sparked widespread outrage and raised questions about platform liability and the duty of care owed to such workers. Progressive state laws like the Rajasthan Platform-Based Gig Workers (Registration and Welfare) Act, 20234 and Karnataka’s accidental insurance scheme are steps forward, yet a
3 Aradhana Srivastava, Social determinants of children's health in urban areas in India, PubMed
https://pubmed.ncbi.nlm.nih.gov/20168034/.
4 Rajasthan Platform Based Gig Workers (Registration and Welfare) Act, 2023, (Sept. 14, 2023),
https://prsindia. org/files/bills_acts/acts_states/rajasthan/2023/Act29of2023Rajasthan. pdf. comprehensive national framework, akin to the UK's Employment Rights Act, 1996, remains absent—leaving millions in legal limbo. Social Security: Cushioning the Fall Occupational safety is not solely about preventing workplace accidents but also ensuring that workers have the means to recover and rebuild their lives when harm occurs. This is where social security becomes vital, encompassing a wide array of provisions, such as wage loss compensation, health insurance, maternity benefits, disability pensions, and access to rehabilitation services. In India, the Social Security Code, 2020 serves as the umbrella law, amalgamating previous statutes to expand coverage to gig workers, platform workers, and those in the informal sector.
It introduces schemes for life and disability insurance, old-age protection, and facilitates the creation of a national database to monitor workers' entitlements. Despite the promising framework, challenges in implementation remain significant. Registration under the Code is voluntary, and the contribution structure for platform-based workers remains unclear. A Centre for Policy Research (2021) study found that only 26% of construction workers registered with welfare boards received benefits, underscoring a lack of reach. The Supreme Court in National Campaign Committee for Central Legislation on Construction Labour v. Union of India (2018)5 highlighted the mismanagement of funds under the BOCW Act, noting that nearly ₹38,000 crore allocated for workers' welfare went underutilized due to bureaucratic delays and administrative inefficiency.
These instances underscore that statutory rights and effective delivery are often disjointed, leaving vulnerable workers exposed, even with legislative safeguards in place. Learning from the World: Global Best Practices Internationally, occupational safety is embedded within the concept of “Decent Work,” promoted by the International Labour Organization (ILO). Conventions No. 155 and No. 187 emphasize national policies, risk prevention, and health promotion. The 2022 ILO Declaration 5 Adya Samal, National Campaign Committee for Central Legislation on Construction Labour vs. Union of India, Law Times Journal (Oct. 22, 2020), https://lawtimesjournal. in/national-campaign-committee-for-central-legislation-on-construction-labour-vsunion -of-india/. elevated “safe and healthy working conditions” to the status of a fundamental principle and right at work.
Countries like Sweden, Germany, and South Korea offer valuable models. Sweden's Work Environment Authority enforces laws through proactive inspections and tripartite collaboration. Germany integrates occupational safety with employer-funded insurance mechanisms. South Korea mandates safety audits and prescribes strong penalties for corporate negligence, including in the gig economy (Kim & Kim, 2019). India can benefit by ratifying more ILO conventions and aligning domestic laws with international standards. Jurisprudence and Judicial Vigilance The Indian judiciary has actively interpreted constitutional provisions to strengthen occupational safety. In M. C. Mehta v. Union of India (1987)6, the Supreme Court laid down the principle of absolute liability for industries engaged in hazardous processes, ensuring no defense of reasonable care was available in case of accidents.
The Vellore Citizens’ Welfare Forum v. Union of India (1996) case introduced the “precautionary principle,” urging industries to anticipate and mitigate potential harms. In Occupational Health and Safety Association v. Union of India (2014), the Court directed the Ministry of Labour to periodically update and implement safety standards, particularly for stone quarry workers suffering from silicosis and pneumoconiosis. While these interventions are progressive, enforcement remains a bottleneck. Labor inspectors are understaffed and undertrained, and corruption in inspections further erodes the system’s integrity. Technology, Mental Health, and Emerging Challenges The Fourth Industrial Revolution brings new threats to occupational safety. Automation and AI-driven systems create ergonomic and mental health challenges.
Data operators, warehouse workers, and call centre employees report increasing cases of repetitive strain injuries, burnout, and anxiety (ILO, 2019).
6 [1987] 1 SCR 819
The rise in shift work, especially in IT and services, has been linked to circadian rhythm disorders and even higher risks of cancer. A cohort study from the U. S. Nurses’ Health Study (Schernhammer et al. , 2001) found that long-term night shift work was associated with a 1. 36–1. 79 times higher risk of breast cancer. In India, these risks remain understudied and unaddressed in legislation. The OSH Code does not include mental health or psychological safety in its mandate—a significant omission in today’s stress-laden work culture. The Way Forward: Toward a Worker-Centred Regime India must reimagine occupational safety and social security as tools for empowerment, not compliance.
A few critical steps include: ● Strengthening Enforcement Mechanisms: Equip labor inspectorates with digital tools, AI-driven audit systems, and decentralized reporting dashboards to detect violations in real-time. ● Universalizing Coverage: Expand legal coverage to all sectors, especially informal workers, through proactive registration, simplified contribution models, and automatic inclusion in welfare schemes. ● Incorporating Gender and Mental Health Sensitivities: Redesign safety protocols and insurance to consider gender-specific risks, including reproductive health, harassment, and mental fatigue. ● Public-Private Collaboration: Encourage CSR initiatives and ESG (Environmental, Social, and Governance) disclosures to include worker safety metrics, creating a culture of voluntary compliance and ethical business.
● Worker Participation: Empower workers through safety committees, union representation, and worker-led audits to ensure real-time accountability and collective ownership. Conclusion: A Culture of Care Occupational safety and social security are not just legal obligations but reflect the ethical values of a society. As India envisions itself as a global economic powerhouse, its legal frameworks must adapt to meet the needs of a rapidly changing workforce. The country's labor laws must evolve from reactive measures that address incidents after the fact, to proactive frameworks that prevent harm, promote well-being, and ensure long-term resilience for every worker. The future of work is not merely about increasing productivity or meeting economic targets— it is about safeguarding the dignity and human rights of workers.
The Digital India initiative, the gig economy, and the rise of platform-based labor present new challenges but also opportunities to redefine worker welfare in contemporary terms. As we modernize labor laws, these frameworks must ensure equity and fairness for workers across industries, from factories to agricultural fields, and from office workers to gig economy employees. As Dr. Babasaheb Ambedkar famously said, “The progress of any society depends on how it treats its labor. ” This ideal must serve as the bedrock of our legal and policy framework, driving the creation of an inclusive, caring, and supportive environment for every worker. By doing so, we can ensure that no worker—whether on a construction site or delivering food via an app—is left behind, unsafe, or unprotected.
REFERENCES
Agrawal, T., & Srivastava, R. (2020). Occupational Safety and Health in India: A Review. Indian Journal of Labour Economics, 63(4), 945–963. Centre for Policy Research. (2021). Welfare Entitlements and the BOCW Cess: Insights from Five Indian States. International Labour Organization. (2019). Work for a Brighter Future: Global Commission on the Future of Work. Geneva: ILO. International Labour Organization. (2021). India: Decent Work Country Programme 2018– 2022. Kim, J., & Kim, J. (2019). Gig Workers and Occupational Safety in South Korea. International Journal of Occupational Safety and Ergonomics, 25(2), 147–159. Sankaran, K. (2020). Social Protection for Workers in the Informal Economy: A Legal Perspective. Economic and Political Weekly, 55(21), 45–52. Supreme Court of India. (1995). Consumer Education and Research Centre v. Union of India, AIR 1995 SC 922.
Supreme Court of India. (1987). M.C. Mehta v. Union of India, AIR 1987 SC 965. Supreme Court of India. (1996). Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715.
Supreme Court of India. (2014). Occupational Health and Safety Association v. Union of India, W.P. (C) No. 614/2014. Supreme Court of India. (2018). National Campaign Committee for Central Legislation on Construction Labour v. Union of India, AIR 2018 SC 1584