The Future of Workers' Health and Safety Right in the Indian and Tanzanian Labour and Employment Regime

Discussions on improvement of working conditions and protection of WHS are as old as the human society and occupations themselves are. The worst was witnessed during the Industrial Revolution which necessitated the taking of welfare measures including the enactment of welfare legislation to protect workers from occupational fatalities, injuries and diseases. The kinds of legislation are in place in many countries including India and Tanzania. However, the working conditions have continued to be hazardous costing the lives, causing incapacity and sufferings among workers. Of latest, with Global estimates of about 2.74 million workers dying every year and about 374 million encountering non-fatal occupational injuries, workplace hazards raise serious human rights concerns. Health and safety of workers has for a long time been marginalized as a labour policy topic. It has been extracted from workers’ rights. WHS is left out of discussions on fundamental workers’ rights. The authors analyze the understanding that WHS is a fundamental human right and explain the reason for its marginalization and failure to realization. Besides, the authors analyze the place of WHS right in the Indian and Tanzanian labour and employment regimes. Key to the analysis is its recognition as a fundamental worker right and hopes for the future. The analysis incorporates an assessment on the efficiency of the labour regimes in addressing the present and future dangers with intent of paving way for human right discussions and approaches on working conditions and WHS. The article set forth some ways forward for the future of the right in India and Tanzania