06 August 2024 Human Right Law >> Civil & Consumer Law  

In a landmark decision of Peoples Rights & Social Research Centre (Prasar) & Others v/s Union of India & Others, the Supreme Court of India has addressed the severe issue of silicosis, a debilitating occupational lung disease prevalent among workers in various industries. This judgment, stemming from a writ petition filed under Article 32 of the Indian Constitution by the Delhi-based Peoples Rights and Social Research Centre, underscores the urgent need for systemic reforms to protect workers' health and rights.

Background:

Silicosis, an incurable disease caused by prolonged inhalation of silica dust, has been a persistent problem in India due to inadequate monitoring, enforcement, and remedial measures. Workers in industries such as mining, construction, and stone cutting are particularly at risk. The disease leads to severe respiratory issues and can manifest in chronic, accelerated, or acute forms, all of which significantly impact the quality of life and can lead to premature death.

The petition highlighted the violation of workers' fundamental rights under Article 21 of the Constitution, which guarantees the right to health, safety, and a dignified life. The case also invoked the Directive Principles of State Policy, specifically Articles 39(e), 42, and 48A, which obligate the state to ensure workers' health and a clean environment.

Court Proceedings and Findings:

The Supreme Court initiated proceedings in 2006, involving multiple states and central bodies. Over the years, various orders were issued to address the rampant issue of silicosis. Key developments included:

• 2008: The National Human Rights Commission (NHRC) was permitted to include the Central Pollution Control Board (CPCB) in the proceedings.
• 2009: NHRC submitted a preliminary report indicating widespread silicosis cases and recommended immediate medical relief and compensation.
• 2010: The State of Madhya Pradesh was added as a respondent.
• 2014: Additional states were impleaded due to the broad scope of the issue.
• 2016: The Court directed the State of Gujarat to comply with NHRC recommendations and address compensation issues for deceased workers.

The CPCB's inspections revealed severe non-compliance with environmental standards in quartz grinding units, leading to further directives for corrective measures and compliance monitoring.

Court's Recent Directives:

On August 17, 2024, the Supreme Court issued crucial directives:

1. Environmental Oversight: The National Green Tribunal (NGT) was tasked with overseeing the environmental aspects related to silicosis. The NGT will ensure that industries adhere to pollution control measures and enforce closure of non-compliant units.

2. Compensation and Rehabilitation: The NHRC was directed to oversee the distribution of compensation to affected workers and their families. The Employees State Insurance Corporation (ESIC) and state authorities were instructed to collaborate with the NHRC to ensure efficient processing of compensation and rehabilitation efforts.

3. Coordination and Reporting: The Court directed its Registry to forward all relevant reports to the NGT and NHRC to facilitate the effective execution of their responsibilities. Petitioners were also granted the liberty to assist in the implementation of these directives.

The Court emphasized the need for both immediate and long-term measures to address the silicosis crisis and protect workers' rights across India.

Conclusion:

This landmark decision marks a significant step towards improving occupational health standards in India. By delegating oversight to the NGT for environmental issues and the NHRC for compensation and rehabilitation, the Court aims to ensure comprehensive and effective action against the menace of silicosis. The ruling underscores the judiciary's commitment to upholding workers' rights and enforcing constitutional mandates for a healthier and safer working environment.

  Constitution of India, 1950    Societies Registration Act, 1860    Protection of Human Rights Act, 1993