New Delhi, 21st July, 2016

The Human Rights Commission is organizing a day-long Conference on silicosis for endemic states at Vigyan Bhawan Annexe, New Delhi tomorrow on the 22nd July, 2016. Silicosis is a fibrotic lung disorder caused by inhalation, retention and pulmonary reaction to crystalline silica.
The most common form of silica is quartz. Exceptionally high exposure to silica can cause silicosis within a month with a significant impairment of lungs within few years. The diagnosis of silicosis has had not been easy and it is likely to be confused with tuberculosis. Tuberculosis is curable but silicosis is not, as of now. Therefore, the focus is on implementing preventive measures to protect people who could be prone to this disease.
The silica dust gets generated in the activities relating to construction, mining, sand blasting, stone crushing and quarrying, foundries, gem cutting and polishing glass manufacturing, slate, pencil and ceramic industries. Those working and living in close proximity to these industries are more prone to get affected with silicosis.
The disease was first brought on record in the year 2009-10 when an NHRC team detected 74 cases of silicosis including 22 deaths. The Government of Rajasthan made ex gratia payment of Rs. 3 lakhs each to the dependents of the deceased from Chief Minister Relief Fund.

The aim of this Conference is to discuss the status of action taken by the endemic states viz. Gujarat, Jharkhand, Madhya Pradesh, Rajasthan, Karnataka, West Bengal on the earlier recommendations made by the NHRC in the prevention, detection and eventual elimination of silicosis and to share their best practices.
The participants will include concerned officials/representatives of these states. The Rajasthan State Human Rights Commission will also make a presentation on the steps taken by it regarding silicosis.
The Constitution of India provides for ensuring health, safety and welfare of persons employed in various occupations. Some of the important constitutional provisions related to welfare and safety of persons employed in various occupations includes Article 24 which prohibits employment of child below 14 years for work in any factory or mine or in any hazardous employment; Article 39 requires the State to direct its policy to ensure that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter a vocations unsuited to their age or strength. Article 42 directs the State to make provision for securing just and humane conditions of work and maternity relief.
The Seventh Schedule of the Constitution lists the jurisdiction of the Centre and the State Governments to legislate in particular subject matters. In terms of List-I under this Schedule, the Central Government is exclusively authorized to make laws for regulations of labour and safety in mines (vide Item No.55 in the list) and for safety of workers employed in major ports (vide Item No. 27 in the list). In the list of Concurrent subjects welfare of labour (vide No. 24 in the list) and factories (vide No. 34 in the list) have been included.

The NHRC is of the view that the occupational hazard of silicosis is preventable if the working conditions are property regulated and proper warning and protective equipments are used. Once a worker or any other person is afflicted by silicosis it becomes a constitutional obligation on part of the State to take appropriate short-term and long-term measures from the point of view of providing medical facilities and rehabilitation of the victims.

In a meeting convened in the NHRC on the 1st May, 2008, it was reiterated that silicosis is an occupational hazard and could only be prevented if the working conditions of workers are properly regulated in both the organized and un-organized sectors and needful precautions are adhered to by the employers. As per the decisions of this meeting, the Union Government, States and Union Territories were circulated a ten point questionnaire seeking to know various details, including, number of cases of silicosis, relief and rehabilitation and insurance of all the workers affected by silicosis etc.

The Commission in 2009, constituted an Expert Group on Silicosis to assist in devising strategies for dealing with this occupational hazard and to evolve necessary preventive, remedial, rehabilitative measures to alleviate the problem faced by the affected workers and their families. Based on the advice of the Expert Group, the Commission has prepared a set of recommendations on Preventive, Remedial, Rehabilitative and Compensation aspect of silicosis.

The Supreme Court of India, on the 5th March, 2009, while hearing a Writ Petition (Civil) No. 110/2006, People's Rights and Social Research Centre (PRASAR) v/s Union of India and others, observed that "the NHRC may take up the specific and confirmed cases of persons who are suffering from silicosis and shall recommend to provide immediate medical relief to them through the concerned authorities and in case of those persons who died because of silicosis, may provide for compensation through the concerned authorities."

On the 1st March, 2011, the Commission organized a National Conference on Silicosis in New Delhi. Its objective was to assess the action taken by the States/Union Territories on the recommendations made by the NHRC in its National Meeting convened on the 1st May, 2008. The other objective was to discuss the present status with various non-governmental organizations and technical institutions dealing with the issue of silicosis.

As part of the recommendations of this Conference, Regional Review Meetings of concerned officials of States/Union Territories in different groups were convened and proactive action towards prevention, rehabilitation and compensation to victims of silicosis by them was reiterated by the Commission.

In order to draw the attention of the Government and the Parliamentarians towards the inhumane conditions faced by all those ailing from silicosis including their immediate family members, the Commission also prepared a Special Report on Silicosis and forwarded it to the Ministry of Home Affairs, Government of India for laying it before the Parliament. The Commission is continuously pursuing the issue of silicosis with different stake holders in centre and State Governments and reviewing the situation. In this context a National Conference on Silicosis was also held by it on 25th July, 2014.
The issue of silicosis was again very recently brought in news when the Supreme Court of India directed the Government of Gujarat to pay relief to 238 victims of silicosis or their next of kin as recommended by the NHRC. The Court also directed the State of Madhya Pradesh to file affidavit on the steps taken for the rehabilitation of 304 people affected by the disease silicosis as pointed out by the NHRC in 2010.
The order is a clear message to all the States that they have to pro-actively engage themselves by having precautionary measures at all such places of vocations which generate silica dust and ensure that silicosis affected persons and their families are duly taken care of as per the NHRC's guidelines instead of living in denial mode about the existence of the diseased.

*****