NHRC to Gujarat Government: Pay relief to silicosis victims' families or face Supreme Court.
Dated: 5th July, 2011
The National Human Rights Commission has held that the Government of Gujarat has not taken appropriate measures as per its recommendations for providing monetary relief leading to other succor to the poor families of the 238 victims of incurable disease silicosis and ameliorate their cause. They comprised tribals from Alirajpur and Jhabua districts in Madhya Pradesh and contracted silicosis while working in quartz crushing factories of Kheda and Panchmahal in Gujarat.
Conveying its displeasure to the State Government through its Chief Secretary over non compliance of its recommendations, the Commission reiterated that the State Government pay three lakh rupees as monetary relief to the next of kin of 238 persons who died due to silicosis without further delay.
The Commission has asked for a compliance report alongwith a proof of payment within six weeks failing which it will have no alternative but to approach the Supreme Court which is seized of the matter.
Setting aside the contention of the Gujarat government as unjustifiable that the families of such victims can be compensated under the provisions of ESI Act, 1948 and the Workmen's Compensation Act,1923, the Commission has held that the benefits under the statues will be in addition to the compensation recommended by NHRC.
It has also asked the legal aid authorities of both Gujarat and Madhya Pradesh that they instead of towing purely a litigational angle to the issue should adopt a humane approach to help settle the claims of the poor families of the victims of silicosis at the earliest.
The Commission has recommended that out of Rs 3 lakhs, one lakh has to be given immediately to the next of kin of the deceased and the remaining two lakhs be kept in a fixed deposit in a bank and interest earn on the amount may be paid to the victims family on a monthly basis.
The Commission is expecting that the Government of Gujarat will take a cue from the Governments of Rajasthan, Puducherry and Madhya Pradesh on dealing with the issues of relief, rehabilitation and health of silicosis patients and its victims with a more humane approach. However, in the wake of some allegations that contrary to the claims of the Madhya Pradesh Government the relief package is not reaching to the 304 patients of silicosis , the Commission has asked the Chief Secretary of the State Government to send complete details of award of package.
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The National Human Rights Commission has held that the Government of Gujarat has not taken appropriate measures as per its recommendations for providing monetary relief leading to other succor to the poor families of the 238 victims of incurable disease silicosis and ameliorate their cause. They comprised tribals from Alirajpur and Jhabua districts in Madhya Pradesh and contracted silicosis while working in quartz crushing factories of Kheda and Panchmahal in Gujarat.
Conveying its displeasure to the State Government through its Chief Secretary over non compliance of its recommendations, the Commission reiterated that the State Government pay three lakh rupees as monetary relief to the next of kin of 238 persons who died due to silicosis without further delay.
The Commission has asked for a compliance report alongwith a proof of payment within six weeks failing which it will have no alternative but to approach the Supreme Court which is seized of the matter.
Setting aside the contention of the Gujarat government as unjustifiable that the families of such victims can be compensated under the provisions of ESI Act, 1948 and the Workmen's Compensation Act,1923, the Commission has held that the benefits under the statues will be in addition to the compensation recommended by NHRC.
It has also asked the legal aid authorities of both Gujarat and Madhya Pradesh that they instead of towing purely a litigational angle to the issue should adopt a humane approach to help settle the claims of the poor families of the victims of silicosis at the earliest.
The Commission has recommended that out of Rs 3 lakhs, one lakh has to be given immediately to the next of kin of the deceased and the remaining two lakhs be kept in a fixed deposit in a bank and interest earn on the amount may be paid to the victims family on a monthly basis.
The Commission is expecting that the Government of Gujarat will take a cue from the Governments of Rajasthan, Puducherry and Madhya Pradesh on dealing with the issues of relief, rehabilitation and health of silicosis patients and its victims with a more humane approach. However, in the wake of some allegations that contrary to the claims of the Madhya Pradesh Government the relief package is not reaching to the 304 patients of silicosis , the Commission has asked the Chief Secretary of the State Government to send complete details of award of package.
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