SUPREME COURT ENFORCES DIRECTIVE PRICIPLES OF STATE POLICIES AND DIRECTS THE UNION OF INDIA TO SAFEGUARD THE RIGHT TO HEALTH OF WORKERS

Introduction

People’s Rights and Social Research Centre, the Petitioner herein, is a Delhi-based non-governmental organization (NGO) and is actively involved in occupational health work, specifically concerning stone crusher workers, stone quarry workers and construction workers. The Petitioner has approached the Hon’ble Supreme Court of India to emphasize on the urgent need for systemic reforms to address the detection, prevention, and treatment of “Silicosis” to ensure well-being and protect the rights of the workers across the country.

What is Silicosis?

Silicosis is a permanent occupational lung disease caused by long-term exposure to silica dust, which is widespread in India due to insufficient detection, monitoring, and preventive measures. It mainly impacts workers in industries like mining, construction, stone cutting, and sandblasting, where silica dust levels are high. The inhaled silica particles lead to lung inflammation and scarring, reducing lung function and causing severe respiratory problems. The disease can present as chronic, accelerated, or acute silicosis, depending on the level and duration of exposure.

Background of the Case

In the year 2006, through a writ petition filed under Article 32 of the Constitution of India, the Petitioner sought intervention of the Hon’ble Supreme Court of India in addressing the grave issue of “Silicosis” among the workers in various industries across the country.

The Petitioner stated that despite the preventable nature of the disease, due to lack of adequate stringent enforcement of safety measures, monitoring and use of protective equipment workers are contracting this debilitating disease.

It is further stated by the Petitioner that the pervasive and unchecked prevalence of silicosis among workers constitutes a violation of Worker’s Fundamental Rights under the Constitution of India. Adding on to his averments, the Petitioner stated that the Right to Health, Safety and a life of Dignity enshrined under Article 21 of the Constitution has been grossly neglected.

As per the Petitioner, the health and safety of the Workers, which is mandated by the Petitioner invokes the Directive Principles of State Policy, particularly Articles 39(e) and 42 of the Constitution of India has not been taken into account.

The Petitioner contends that the right to a clean and healthy environment, implied under Article 48A, is being infringed. Additionally, the Petitioner cites Article 43, which obligates the State to provide workers with a living wage, decent working conditions that support a good quality of life, and opportunities for leisure and participation in social and cultural activities.

Reliefs Sought by the Petitioner Organisation:

1. Compensation and Rehabilitation for Victims and their families, due to lack of sufficient insurance, treatment.
2. A high-level committee to comprehensively address the detection and management of silicosis and other occupational diseases among the workers in the organised sector.
3. Guidelines for the prevention and treatment of such occupational diseases.
4. Compensation to the families of the deceased workers.
5. Alternative employment opportunities for the victims’ family members.

Directions laid down by the Hon’ble Supreme Court during the course of Summary Proceedings:

1) The original Respondents at the initial stage of the proceedings were:

The Union of India, Ministry of Law, Justice and Company Affairs, Ministry of Health and Family Welfare, The State of Haryana, The State of Rajasthan, The State of Gujarat, The State of Delhi, The Union of Territory of Puducherry.

2) During the proceedings, apart from the above-mentioned Respondents, National Human Rights Commission (NHRC) was also made a party to the proceedings, given the Human Rights aspect of the present matter. Further the NHRC was permitted to implead the Central Pollution Control Board (CPCB) as a party to the present matter.

3) In Pursuant to the Hon’ble Court’s Order in the year 2009, the NHRC submitted a preliminary Report on a survey on silicosis affecting the workers in various industries. During the survey it was observed by NHTRC that the issue is widespread and further surveys were needed.

4) The Ministry of Health and Ministry of Labour were directed to provide all necessary assistance to the NHRC for the furtherance of the survey.

5) In the year 2010, the State of Madhya Pradesh was also added as a respondent in the present matter.

6) In the year 2010, a Report was submitted by the NHRC following the Order of the Hon’ble Court in the year 2009.

7) The said Report highlighted the State of Gujarat’s failure to protect workers affected by silicosis. The NHRC recommended an amount of Rs. 3,00,000 as compensation to the next of kins of the 238 mine workers of Godhra who had died due to silicosis. Moreover, the the relevant authorities of the State of Madhya Pradesh were directed to give rehabilitation packages to 304 workers who had come from the State of Madhya Pradesh to work in Gujarat as mine workers.

8) In the year 2016, it came to the knowledge of the Hon’ble Court that the directions issued by the NHRC were not being followed by the State of Gujarat.

9) Later on, the Employees State Insurance Corporation (ESIC) was impleaded as a party.

10) The State of Gujarat was directed to strictly comply with the NHRC’s recommendation. A payment of ₹1 lakh to the kins of each of the 238 deceased workers and the payment of the remaining of ₹2 lakhs was directed to be made within one month by way of fixed deposits in their names. The Chief Secretary of the State of Gujarat was directed to transfer ₹3 lakhs per deceased worker to the District Collectors of Jhabua and Alirajpur for distribution.

11) In the year 2016, The Hon’ble Court reviewed the Additional Affidavit filed by the CPCB and observed that 16 out of 30 operational quartz grinding units in Gujarat were non-compliant to the statutory mandates. The CPCB also made recommendations for the State Pollution Control Board (SPCB) to address deficiencies.

12) The Hon’ble Court directed the SPCB to file an Affidavit within four weeks outlining actions taken based on the CPCB recommendations, including the closure of 14 non-operational units. Non-compliant units wishing to restart must meet mandatory pollution prevention requirements. The SPCB is responsible for ensuring compliance and closing non-compliant units. The CPCB also conducted the inspection of the quartz grinding units in the State of Gujarat and made recommendations regarding Air Pollution Control Device (APCD) and provision of Closed-Circuit Television (CCTV) and also for systematic water sprinkling and housekeeping etc.

13) Pursuant to the recommendation of the CPCB, the Court directed the SPCB Chairmen of Haryana, Rajasthan, Madhya Pradesh, Puducherry, Jharkhand, and Delhi to inspect quartz grinding units and Report deficiencies within three weeks. SPCB Chairmen were directed to personally visit units’ post compliance period and take steps to close non-compliant units.

14) The Hon’ble Court observed that the severity of the problems is mainly in the States of Delhi, Haryana, Rajasthan, Madhya Pradesh, Gujarat, Jharkhand, and Puducherry. The NHRC had conducted a detailed survey on this issue and submitted a Report to the duty holders concerned. The Hon’ble Court then considered certain aspects on the reduction of occupational hazards of the employees of the Thermal Power Stations in the country and had also issued guidelines for their functioning.

15) The Hon’ble Court ordered the Chief Secretaries of the relevant States to submit detailed Reports within two months. Specialists across India were tasked with investigating medical facilities and compensation for patients affected by silicosis. The States where the inquiries are conducted will cover the expenses. Additionally, the Petitioners’ senior counsel highlighted that the Director General of Mines Safety (DGMS) and the Ministry of Labour & Employment are responsible for overseeing these issues.

16) The Hon’ble Court directed the Director General of Mines Safety and the Director General of Factory Advice Service and Labour Institutes (DG-FASLI) to conduct a health and safety survey of workers affected by silicosis. This survey, mandated under specific sections of the Factories Act and Mines Act, should involve government officials and non-governmental organizations. A comprehensive Report must be submitted to the Court detailing treatment facilities, compensation provided to victims, and rehabilitation measures. The Chief Secretary of each State is responsible for facilitating the survey and Report preparation by doctors in their respective States.

17) In the year 2017, the Hon’ble Court allowed the application to implead the Organisation “Silicosis Peedit Sangh”. The Hon’ble Court then reiterated its Order conveyed in the year 2016 regarding the compensation for those affected by and deceased from silicosis to be implemented by all States. The Hon’ble Court further directed the NHRC to file its recommendations. The CPCB was directed to file an Affidavit emphasizing on whether the recommendations in its Report were being followed by producing industries such as quartz or silica, etc or not.

18) The Hon’ble Court directed the Registry of the Court to ensure that all the relevant Reports and affidavits pertaining to this matter, as submitted by the respective State Committees, the CPCB, the NHRC, and the DGMS, are forwarded to the NGT. The Hon’ble Court further stated that the Petitioners are also at liberty to approach the NGT and NHRC and extend all cooperation in implementation of the directions.

 

Ashita

Associate

The Indian Lawyer & Allied Services