Skip to main content

West Bengal silicosis policy a welcome step but there are a few aberrations


By Jagdish Patel*
Health and Family Welfare department, Government of West Bengal declared policy for relief, rehabilitation and treatment of silicosis victims on February 25, 2022 is a welcome step by the State government to give justice to the silicosis victims who were not paid an attention so far.
The policy offers Rs 2 lakh to the silicosis up on diagnosis of silicosis and more 2 lakh on the death of the identified silicosis patient. More over it also offers up to Rs 4,000 per month, depending up on the category A, B or C as per International Labour Organization (ILO) classification to the patient so that one can look after the treatment expenses as well as cover livelihood expenses. Rs 2,000 is offered for performing last rites of the silicosis patients.
After the patient dies family pension of Rs 3,500 will be available to the widow till her life. It also offers Rs 4,000 to Rs 10,000 for the education of the children of the silicosis patients and up to Rs 25,000 for the education and skill development up to two unmarried daughters. It also offers up to Rs 25,000 assistance for marriage of daughter till two daughters.
There is no bar for claiming compensation under ESI Act or Employees Compensation Act. The good part is, non-worker, if diagnosed with silicosis is also eligible to claim the benefit under this policy.
For diagnosis of silicosis it depends up on X-ray only may be termed as practical but not very progressive. More and more medical professionals depend up on CT scan. Specifically for small opacities, X-ray is not very useful. We do not have any data on Indian condition on proportion of small opacities among newly diagnosed cases of silicosis.
In Indian public health care system availability of good quality of X-ray machines, trained X-ray technicians and radiologist cannot be assured; talking of CT scan would be unachievable goal.
Under the policy, the concerned district magistrate shall constitute a Silicosis Diagnosis Board in each affected district. However, it is not clear who will decide on “affected district” and what will be the criterion to declare a district to be silicosis affected.
Ideally, one known case of silicosis should be sufficient to declare the district to be silicosis affected. The Board will consist of one chest specialist or representative of CMOH, one radiologist or representative of CMOH, one medical officer of directorate of factories and one concerned joint labour commissioner. Presence of joint commissioner in medical board will complicate matters. In purely medical matters, a non-medico has no role to play.
Similarly, the diagnosis board also does not require occupational health physician or medical graduate with AIFH or expertise and experience in diagnosis of occupational diseases Or Chest and TB experts.
In India we have not developed B reader expertise for radiologists to read pneumoconiosis X-rays. Nowhere the policy talks of comparing the X-rays with the standard ILO X-ray plates, is again a welcome move. As I have understood these standard X-ray plates are useful for epidemiological studies and not useful for diagnosis of individual patient.
The department has set up a monitoring committee of 6 members for reviewing implementation of the policy. The members are drawn from the Pollution Control Board, Labour Commissioner, Director of Factories and two NGO representatives, apart from the Department of Health and Family Welfare. Now, who 2 NGOs will be is not spoken.
It is the usual experience that the NGOs which are established and operated by a leader of ruling party is given place in such committees but the NGOs working on the subject but critical of the Government do not find any place in such committees.
Responsibility of all the functions pertaining to implementation of welfare measures and execution of the policy is assigned to the Labour Department and not the Social Welfare Department. Records will be maintained by the Directorate of Factories.
Preliminary investigation into suspected cases will be done by the Directorate of Factories. They will also develop and impart training course for health workers. Why ministry of health is not assigned this responsibility is a question.
WB Pollution Control Board will plan programme for control of environmental pollution and not workplace environment. Matter of concern though is, there is no mention of dust levels required to be maintained at workplace to prevent silicosis and monitoring the levels at periodic interval. After Bhopal the ILO helped the State Labour departments set it up.
State government has created a corpus find of Rs 10 crore for this scheme. This fund will be utilized for workers who are certified having silicosis by the Silicosis Diagnosis Board. Interestingly this find will be used for Construction workers also for whom there is a separate fund available.
The Construction Workers Welfare Board has a scheme to compensate Silicosis patients from that fund. The policy makes it clear that the The Construction Workers Welfare Board do not need to contribute to this Silicosis prevention and control fund but the silicosis affected construction workers shall also avail the benefits provided in this policy. There is no bar on double benefits.
Benefits will be available to any worker working in the factories, establishment, construction site and certified by the Board. It means that the workers may be domicile of W. Bengal or not shall be able to claim the benefits. It has come to our notice that the workers from Bangladesh illegally migrate to India. Many of them find work in quarries in West Bengal where they get exposed to Silica and get silicosis. Once sick, they return back to their native where they get diagnosed and later die in penury.
Will they be able to claim benefits, I wonder.
The policy provides for conducting preliminary investigation by the Medical Officer of the Directorate of Factories and not any expert from Health department. Workers from manufacturing, construction or service sector may get exposed to silica where Factory Act is not applicable.
Why then the responsibility of investigation should fall on the shoulders of only a Medical Officer of the Directorate of Factories? How many posts of Medical Officers have been sanctioned and how many of them are vacant in the Directorate of Factories? It is a common experience that Directorate of Factories do not have adequate numbers of medical officers appointed.
The policy further provides that the medical officer shall prepare report with recommendations to place before the Diagnosis Board! Why a worker cannot walk oneself to get screened before the Board? It is good to note that the expenditure for investigation etc. shall be taken care of by the Board.

Director, People’s Training and Research Centre, Vadodara

Comments

TRENDING

Loktantra Bachao Abhiyan raises concerns over Jharkhand Adivasis' plight in Assam, BJP policies

By Our Representative  The Loktantra Bachao Abhiyan (Save Democracy Campaign) has issued a pressing call to protect Adivasi rights in Jharkhand, highlighting serious concerns over the treatment of Jharkhandi Adivasis in Assam. During a press conference in Ranchi on November 9, representatives from Assam, Chhattisgarh, and Madhya Pradesh criticized the current approach of BJP-led governments in these states, arguing it has exacerbated Adivasi struggles for rights, land, and cultural preservation.

Promoting love or instilling hate and fear: Why is RSS seeking a meeting with Rahul Gandhi?

By Ram Puniyani*  India's anti-colonial struggle was marked by a diverse range of social movements, one of the most significant being Hindu-Muslim unity and the emergence of a unified Indian identity among people of all religions. The nationalist, anti-colonial movement championed this unity, best embodied by Mahatma Gandhi, who ultimately gave his life for this cause. Gandhi once wrote, “The union that we want is not a patched-up thing but a union of hearts... Swaraj (self-rule) for India must be an impossible dream without an indissoluble union between the Hindus and Muslims of India. It must not be a mere truce... It must be a partnership between equals, each respecting the religion of the other.”

Right-arm fast bowler who helped West Indies shape arguably greatest Test team in cricket history

By Harsh Thakor*  Malcolm Marshall redefined what it meant to be a right-arm fast bowler, challenging the traditional laws of biomechanics with his unique skill. As we remember his 25th death anniversary on November 4th, we reflect on the legacy he left behind after his untimely death from colon cancer. For a significant part of his career, Marshall was considered one of the fastest and most formidable bowlers in the world, helping to shape the West Indies into arguably the greatest Test team in cricket history.

Andhra team joins Gandhians to protest against 'bulldozer action' in Varanasi

By Rosamma Thomas*  November 1 marked the 52nd day of the 100-day relay fast at the satyagraha site of Rajghat in Varanasi, seeking the restoration of the 12 acres of land to the Sarva Seva Sangh, the Gandhian organization that was evicted from the banks of the river. Twelve buildings were demolished as the site was abruptly taken over by the government after “bulldozer” action in August 2023, even as the matter was pending in court.  

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah  The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Will Left victory in Sri Lanka deliver economic sovereignty plan, go beyond 'tired' IMF agenda?

By Atul Chandra, Vijay Prashad*  On September 22, 2024, the Sri Lankan election authority announced that Anura Kumara Dissanayake of the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) alliance won the presidential election. Dissanayake, who has been the leader of the left-wing JVP since 2014, defeated 37 other candidates, including the incumbent president Ranil Wickremesinghe of the United National Party (UNP) and his closest challenger Sajith Premadasa of the Samagi Jana Balawegaya. 

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad*  The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.

A Marxist intellectual who dwelt into complex areas of the Indian socio-political landscape

By Harsh Thakor*  Professor Manoranjan Mohanty has been a dedicated advocate for human rights over five decades. His work as a scholar and activist has supported revolutionary democratic movements, navigating complex areas of the Indian socio-political landscape. His balanced, non-partisan approach to human rights and social justice has made his books essential resources for advocates of democracy.

Tributes paid to pioneer of Naxalism in Punjab, who 'dodged' police for 60 yrs

By Harsh Thakor*  Jagjit Singh Sohal, known as Comrade Sharma, a pioneer of Naxalism in Punjab, passed away on October 20 at the age of 96. Committed to the Naxalite cause and a prominent Maoist leader, Sohal, who succeeded Charu Majumdar, played hide and seek with the police for almost six decades. He was cremated in Patiala.