A STUDY ON JUDICIAL ACTIVISM OVER THE REMEDIES FOR OCCUPATIONAL DISEASE IN INDIA

Abstract

Occupational diseases remain a pressing yet under-recognized threat to worker welfare in India, particularly among those employed in hazardous sectors such as mining, construction, and chemical industries. Despite statutory provisions like the Employees’ Compensation Act, 1923 and the Factories Act, 1948, the implementation of occupational health safeguards has been weak, often leaving affected workers without adequate compensation or rehabilitation. In this context, judicial activism has played a transformative role in securing remedies and expanding the constitutional interpretation of the right to health under Article 21 of the Indian Constitution. This research paper explores how courts in India, especially post-2020, have intervened to provide legal recognition, compensation, and systemic reform in occupational disease cases. Through analysis of recent case laws the study illustrates how judicial interventions bridge legislative and administrative gaps. The paper further discusses challenges such as informal sector exclusion, enforcement delays, and the pending implementation of the Occupational Safety Code, 2020. Ultimately, the research underscores the evolving role of the Indian judiciary in championing worker rights through an activist and rights-based approach.