NHRC Meeting on Silicosis
Close on the heels of the National Review Meeting on health, the National Human Rights Commission held a meeting on the issue of Silicosis on April 24, 2007 under the chairmanship of Dr. Justice Shivaraj. V. Patil, Member NHRC. The issue of silicosis, an occupational hazard was flagged at the meeting on Health, held in the month of March 2007.
Officials from Ministry of Labour and Employment; Directorate General of Factory Advice Service & Labour Institutes, Mumbai; Directorate General of Mines Safety Danbad; Deptt, of Industrial Policy & Promotion, Ministry of Commerce & Industries; National Institute of Occupational Health, Ahmedabad; Ministry of Health & Family Welfare, Government of India , Indian Council of Medical Research besides those from National Human Rights Commission attended the meeting.
Almost all the participants stressed that there are government policies and provisions in place concerning the issue of Silicosis. Yet keeping in mind the seriousness of the issue, there is a need to work on the adherence as these policies and provisions are integral to the Factory Act 1948. They also voiced the opinion that these policies and provisions are being followed in the organized sector to a large extent but the problem arises in the unorganized sector where even minimum basic precautions are not being taken.
It was also highlighted that the ILO Convention 176 has not been ratified by the Indian Government, precisely because the industries have not yet reached a stage where they could adopt self-regulation for safety appliances of the workers. It was also said that it has to be seen whether the Factory Act is adequate and whether more needs to be added to the Act. It was also mentioned that basic engineering method should be adopted to reduce the dust and silica in the work place like construction site and reduce the pollution. Further, it was stated that there is a need to create awareness among Factory owners on the issue of Silicosis, which should also be accompanied with punitive measures.
NHRC expressed its concern that though the Factories Act 1948 had declared 'Silicosis as a notified disease' yet there is no authentic reporting system or statistics of the affected people. According to the report prepared by an NGO on the Jhabua district of Madhya Pradesh, it was observed that most of the workers were migrant from the neighouring states. The study revealed that once a person was exposed to silica, the disease progresses even without further exposure. It was found that in a large number of workers the symptoms of the disease appeared after they went back to their native villages. The study pointed out that as Silicosis is a fatal and incurable disease, those having symptoms would eventually die. It was further stated that poverty or economic necessity forced people to take up such vocations leading to exposure to silica. It was highly felt that the disease had been ignored by Health, Labour and Industries Department or Ministries.
While concluding the day long deliberations, NHRC recommended the following short and long term interventions to be carried out. NHRC would be calling individual State authorities and monitor the execution.
Short Term Recommendations :-
· Need to work aggressively to create awareness among workers, medical practitioners and employers about silicosis being a health hazard; electronic and print media to be utilized.
· Monitor the States identified with high number of cases of silicosis and the State should also issue notification under Section 85 of Factories Act so that entrepreneurs employing less than 10 labourers also come in the fold.
· To obtain the case study from Madhya Pradesh and to analyze as to how in a convergent and comprehensive way preventions, issue of health care and insurance had been incorporated.
· Collect surveys already available with different agencies to identify and map the pockets with incidence of silicosis. State government officials be summoned by NHRC to monitor effective steps taken.
· Need to work on deficiency and lethargy on the part of the State and enforcing agency.
· To launch a national programme for eradication of silicosis, a background paper is to be prepared by Shri S.K. Srivastava, Joint Secretary, M/o Labour.
· While organizing the National Review Meeting on Health either half a day be devoted to the issue of silicosis or a separate National Review on Silicosis need to be organized.
· There is a need to workout the compensation and its modality towards the victims or next of the kin.
· Select NGOs may be invited to make a presentation on the status of silicosis and share experience.
Long Term Recommendations :-
· It is to be deliberated whether existing laws are adequate or not. Whether there is a need for separate/specific legislation dealing with the issue.
· There is a need to constitute a National Working Group. It may be termed as National Task Force on Silicosis or a National Core Group on Silicosis.
· The Group has to work within the given time frame on the issue and make recommendations which in turn may be taken up with the Central/State Government as the case may be.
The Group will consist of Dr. Justice Shivaraj V. Patil as Chairman Secretary General, NHRC - Member, Secretaries from Department of Labour, Industry, Health, Environment, Mines, Coal, Director General of Mines Safety, Dhanbad; Director, National Institute of Occupational Health, Ahmedabad; Director, National Institute of Miners' Health, Nagpur; representatives of Govt. of Andhra Pradesh and Gujarat and Joint Secretary, NHRC will be the Convener.
Officials from Ministry of Labour and Employment; Directorate General of Factory Advice Service & Labour Institutes, Mumbai; Directorate General of Mines Safety Danbad; Deptt, of Industrial Policy & Promotion, Ministry of Commerce & Industries; National Institute of Occupational Health, Ahmedabad; Ministry of Health & Family Welfare, Government of India , Indian Council of Medical Research besides those from National Human Rights Commission attended the meeting.
Almost all the participants stressed that there are government policies and provisions in place concerning the issue of Silicosis. Yet keeping in mind the seriousness of the issue, there is a need to work on the adherence as these policies and provisions are integral to the Factory Act 1948. They also voiced the opinion that these policies and provisions are being followed in the organized sector to a large extent but the problem arises in the unorganized sector where even minimum basic precautions are not being taken.
It was also highlighted that the ILO Convention 176 has not been ratified by the Indian Government, precisely because the industries have not yet reached a stage where they could adopt self-regulation for safety appliances of the workers. It was also said that it has to be seen whether the Factory Act is adequate and whether more needs to be added to the Act. It was also mentioned that basic engineering method should be adopted to reduce the dust and silica in the work place like construction site and reduce the pollution. Further, it was stated that there is a need to create awareness among Factory owners on the issue of Silicosis, which should also be accompanied with punitive measures.
NHRC expressed its concern that though the Factories Act 1948 had declared 'Silicosis as a notified disease' yet there is no authentic reporting system or statistics of the affected people. According to the report prepared by an NGO on the Jhabua district of Madhya Pradesh, it was observed that most of the workers were migrant from the neighouring states. The study revealed that once a person was exposed to silica, the disease progresses even without further exposure. It was found that in a large number of workers the symptoms of the disease appeared after they went back to their native villages. The study pointed out that as Silicosis is a fatal and incurable disease, those having symptoms would eventually die. It was further stated that poverty or economic necessity forced people to take up such vocations leading to exposure to silica. It was highly felt that the disease had been ignored by Health, Labour and Industries Department or Ministries.
While concluding the day long deliberations, NHRC recommended the following short and long term interventions to be carried out. NHRC would be calling individual State authorities and monitor the execution.
Short Term Recommendations :-
· Need to work aggressively to create awareness among workers, medical practitioners and employers about silicosis being a health hazard; electronic and print media to be utilized.
· Monitor the States identified with high number of cases of silicosis and the State should also issue notification under Section 85 of Factories Act so that entrepreneurs employing less than 10 labourers also come in the fold.
· To obtain the case study from Madhya Pradesh and to analyze as to how in a convergent and comprehensive way preventions, issue of health care and insurance had been incorporated.
· Collect surveys already available with different agencies to identify and map the pockets with incidence of silicosis. State government officials be summoned by NHRC to monitor effective steps taken.
· Need to work on deficiency and lethargy on the part of the State and enforcing agency.
· To launch a national programme for eradication of silicosis, a background paper is to be prepared by Shri S.K. Srivastava, Joint Secretary, M/o Labour.
· While organizing the National Review Meeting on Health either half a day be devoted to the issue of silicosis or a separate National Review on Silicosis need to be organized.
· There is a need to workout the compensation and its modality towards the victims or next of the kin.
· Select NGOs may be invited to make a presentation on the status of silicosis and share experience.
Long Term Recommendations :-
· It is to be deliberated whether existing laws are adequate or not. Whether there is a need for separate/specific legislation dealing with the issue.
· There is a need to constitute a National Working Group. It may be termed as National Task Force on Silicosis or a National Core Group on Silicosis.
· The Group has to work within the given time frame on the issue and make recommendations which in turn may be taken up with the Central/State Government as the case may be.
The Group will consist of Dr. Justice Shivaraj V. Patil as Chairman Secretary General, NHRC - Member, Secretaries from Department of Labour, Industry, Health, Environment, Mines, Coal, Director General of Mines Safety, Dhanbad; Director, National Institute of Occupational Health, Ahmedabad; Director, National Institute of Miners' Health, Nagpur; representatives of Govt. of Andhra Pradesh and Gujarat and Joint Secretary, NHRC will be the Convener.