Skip to main content

Silicosis deaths: Gujarat govt failed to "ensure" safety measures in stone cutting units, says NHRC

By Our Representative
The National Human Rights Commission (NHRC) has sharply criticized the Gujarat government for failing to ensure that stone cutting units operating in the state complied by the “standards of safety” and were taking “steps for diagnosis and treatment” of those who suffered from the deadly silicosis disease. Referring to a complaint filed by Jagdish Patel of the People’s Training and Research Centre (PTRC), Vadodara, seeking the NHRC’s intervention in payment of compensation to five workers employed in stone crushing factories in Godhra town, who had died because of silicosis, the NHRC said, “The state cannot escape the liability to compensate the families of the deceased labourers.”
“Recommending” the state government to pay Rs 5 lakh to each of the silicosis workers who had died, the NHRC order said, a proof of the payment should be submitted “within six weeks.” The workers who died of silicosis are Chimanbhai Nathabhai, Kokila Komal Tansing, Mukeshbhai Manjibhai Damor, Fakira Veersing Damor, and Mangubhai Surtanbhai Damor. The NHRC order is dated October 22, 2013, and Patel says, December 17 was the last day for “implementing” the “recommendation”. He adds, as it has not been implemented, it is "another battle which would need to be fought", but believes NHRC has given "enough reason for it."
The NHRC acted on the basis of a complaint it received from Patel on September 26, 2011 in which he had listed the names of the five persons who were employed in stone crushing factories in Godhra and died. The complaint had said, all five were afflicted by silicosis during the course of employment and diagnosed as patients of silicosis by the National Institute of Occupational Health (NIOH), Ahmedabad, which had carried out monitoring of the working environment in registered factories in Godhra and had suggested engineering control measures.
Following the complaint, the NHRC statement, which containing its “recommendation”, said, “The suggestion of NIOH was enforced by the Directorate Industrial Safety and Health, Gujarat government.” Thereafter, the NIOH again carried out “monitoring of working environment in these factories and found that the level of respirable dust was within limit.” However, as regards one of the five labourers mentioned in the list by Patel, the NHRC added, the state government submitted that four of them worked in the registered factories in Godhra, but the fifth one, Damor Mangubhai Surtanbhai, did not work in a registered factory, suggesting he could not be compensation.
This led the NHRC to forward a copy of the state government report to Patel for comments. In his response, Patel said that Mangubhai Surtanbhai was “diagnosed as a patient suffering from silicosis by NIOH during the camp held at community health centre (CHC), Zalod, on October 26-27, 2004”, and on being questioned about occupational history, he had indeed said he had worked in one of the registered silica crushing units in Godhra. Patel also pointed out that the report of the state government did not give any information regarding the action taken by ESIC.
Patel simultaneously refuted the claim of the state government that the level of respirable dust was within the limit prescribed by the NIOH. He forwarded an article in which the NIOH stated that, despite efforts, the dust levels in the factories were still much above the limit prescribed by the Indian Factories Act. On October 22, 2012, the NHRC examined th”e report of the state government and Patel’s critique.
The NHRC found that the very fact that these five labourers were diagnosed as suffering from silicosis, negatived the state's claim that the respirable dust in the concerned factories was within the prescribed limit. It observed, that Right to Life was guaranteed by Article 21 of the Constitution of India. It observed, the life of labourers working in factories was as precious as that of any other citizen. And it was the duty of the state to ensure that the factories where the labourers work maintain appropriate standards of safety prescribed under various laws.
It pointed out, the fact that the five labourers were diagnosed as patient of silicosis indicated that the factories were not maintaining the required standard of safety and the state failed in its duty to enforce maintaining such standards. Therefore, the state could not escape its liability to compensate the families of the deceased labourers. Based on this, it directed the Government of Gujarat under section 18 of the Prevention of Human Rights Act, 1993, requiring it to show cause, as to why monetary relief to the tune of Rs 5 lakh each be not given to the next of kin of the deceased.
In response, joint secretary, labour and employment, Government of Gujarat justified the refusal to pay compensation on December 15, 2012, saying, during inquiry, it could not be ascertained that deceased Mangubhai Sultanbhai had worked in any registered factory, and therefore in his case, the provisions of ESIC were not attracted. As regards the four others, the matter was taken up with the ESIC. In their cases, either the case was not found covered under the ESIC scheme or the case was withdrawn. Therefore no compensation had so far been paid to any of the five workers.
The state government further said that the grant of compensation came under the purview of the government policy and was required to be decided keeping in view other factors involved and attached with each case. On considering the matter, the NHRC found that the state government had given no “specific denial that the five labourers named in the show cause notice were not patients of silicosis”, recommending the compensation be paid.

Comments

TRENDING

70,000 migrants, sold on Canadian dream, face uncertain future: Canada reinvents the xenophobic wheel

By Saurav Sarkar*  Bikram Singh is running out of time on his post-study work visa in Canada. Singh is one of about 70,000 migrants who were sold on the Canadian dream of eventually making the country their home but now face an uncertain future with their work permits set to expire by December 2024. They came from places like India, China, and the Philippines, and sold their land and belongings in their home countries, took out loans, or made other enormous commitments to get themselves to Canada.

Kerala government data implicates the Covid vaccines for excess deaths

By Bhaskaran Raman*  On 03 Dec 2024, Mr Unnikrishnan of the Indian Express had written an article titled: “Kerala govt data busts vaccine death myth; no rise in mortality post-Covid”. It claims “no significant change in the death rate in the 35-44 age group between 2019 and 2023”. However, the claim is obviously wrong, even to a casual observer, as per the same data which the article presents, as explained below.

PM-JUGA: Support to states and gram sabhas for the FRA implementation and preparation and execution of CFR management plan

By Dr. Manohar Chauhan*  (Over the period, under 275(1), Ministry of Tribal Affairs has provided fund to the states for FRA implementation. Besides, some states like Odisha, Chhattisgarh and Maharashtra allocated special fund for FRA implementation. Now PM-JUDA under “Dharti Aaba Janjatiya Gram Utkarsh Abhiyan(DAJGUA) lunched by Prime Minister on 2nd October 2024 will not only be the major source of funding from MoTA to the States/UTs, but also will be the major support to the Gram sabha for the preparation and execution of CFR management Plan).

Defeat of martial law: Has the decisive moment for change come in South Korea?

By Steven Lee  Late at night on December 3, soldiers stormed into South Korea’s National Assembly in armored vehicles and combat helicopters. Assembly staff desperately blocked their assault with fire extinguishers and barricades. South Korea’s President Yoon Suk Yeol had just declared martial law to “ eliminate ‘anti-state’ forces .”

Operation Kagar represents Indian state's intensified attempt to extinguish Maoism: Resistance continues

By Harsh Thakor Operation Kagar represents the Indian state's intensified attempt to extinguish Maoism, which claims to embody the struggles and aspirations of Adivasis. Criminalized by the state, the Maoists have been portrayed as a threat, with Operation Kagar deploying strategies that jeopardize their activities. This operation weaves together economic, cultural, and political motives, allegedly with drone attacks on Adivasi homes.

How Amit Shah's statement on Ambedkar reflects frustration of those uncomfortable with Dalit assertion, empowerment

By Vidya Bhushan Rawat*  Dr. B.R. Ambedkar remains the liberator and emancipator of India’s oppressed communities. However, attempts to box him between two Brahmanical political parties betray a superficial and self-serving understanding of his legacy. The statement by Union Home Minister Amit Shah in the Rajya Sabha was highly objectionable, reflecting the frustration of those uncomfortable with Dalit assertion and empowerment.

Balod tech fest tests students’ interest in innovative ideas in the fields of science, engineering, start-ups

By Our Representative  A techno fest scheduled on December 20 and 21 in Balod district of Chhattisgarh will test the innovative ideas of school students in the fields of science, engineering and start-ups.  For this two-day fest organised at Maheswari Bhawan of the district, a total of 824 models made by students were initially registered. Out of those, a selection committee chose 200 models from several schools spread over five blocks of Balod. These will be on display on these two days from 10am to 4.30pm. Out of many ideas, one of the most interesting models is a smart glove which can be used by children with impairments and disabilities. For those who cannot speak at all or have speech difficulty, they can ask for help from caregivers by pressing their fingers on the glove after wearing it. This will attract attention. 

Local businessman subjected to physical assault, verbal abuse: Demand for accountability, justice

By Kirity Roy* On October 9, 2024, a disturbing incident of harassment and abuse took place in the Swarupnagar Block of North 24 Parganas district, involving a local businessman, Hasanur Gazi, who was subjected to physical assault, verbal abuse, and religious discrimination by a Border Security Force (BSF) constable. The incident, which occurred at the Hakimpur Checkpost, has raised serious concerns about the safety and dignity of citizens living in border areas, especially those belonging to religious minorities.

Affable but arrogant, embodying contradictions, Raj Kapoor's legacy will endure as long as Bollywood exists

By Harsh Thakor*  December 14 marks the birth centenary of Raj Kapoor, a filmmaker and visionary who revolutionized Bollywood, elevating it to new heights by exploring uncharted emotional and social territories. Kapoor wasn’t just a filmmaker; he was a storyteller who touched the souls of the masses and reflected the pulse of post-partition India with unparalleled depth. His films acted as a unifying force in a divided nation, transcending social and cultural boundaries.

Suspicious death of Dalit laborer in BSF custody: A call for justice

By Kirity Roy*  The tragic and suspicious death of Mr. Babai Barui, a Dalit daily wage laborer from North 24 Parganas, West Bengal, has raised serious concerns regarding custodial violence and the violation of fundamental rights. Mr. Barui, son of Sukharanjan Barui, resided in Pallishree Sangsad, Bongaon, and was arrested by the Border Security Force (BSF) on November 9, 2024, near the Angrail border on allegations of smuggling. The very next day, he was found dead under mysterious circumstances, with visible injuries that point toward possible custodial violence.