NATIONAL HUMAN RIGHTS COMMISSION Silicosis affected workers be given proper treatment and in the case of those who died of Silicosis, their next of kin be awarded compensation and rehabilitation. 6.18 Pursuant to the directions of the Commission, Joint Secretary Government of West Bengal Labour Department Kolkata vide communication dated 11.8.2015 informed the Commission that out of 13 persons 8 workers had died due to exposure in silica dust for varying periods of time (2 to 5 years). 6.19 The Commission considered the matter on 06/06/2016 and observed that it is clear that the above mentioned five workers had died due to the carelessness of the enforcement agencies of the State of West Bengal, who had not ensured that the factory management provides necessary equipments for the protection of the workers from silica dust. If the enforcement agencies of the State of West Bengal had been cautious and ensured that the safety equipments were provided to the workers by the factory management, the lives of the said workers could have been saved. Consequently, the report indicates that the State of West Bengal had failed to protect the lives of five Silicosis affected workers. Thus, it is prima-facie a case of violation of human rights of the victims and the next of kin of the deceased are entitled for monetary compensation. 6.20 Accordingly, the Commission issued a notice to the Chief Secretary, Government of West Bengal, calling upon him to show-cause within six weeks as to why the next of kin of the five deceased victims (i) late Babusona @ Manirul Molla, (ii) late Mujaffar Molla, (iii) late Bhiswa @ Visho Mondal, (iv) late Abul Paik, and (v) late Biswajit Mondal be not recommended monetary compensation of Rupees Four Lakhs (Rs.4.00 lakhs) u/s.18(a)(i) of the Protection of Human Rights Act, 1993, to be paid by the Government of West Bengal. Out of ` 400,000 each, ` 2,00,000 is proposed to be given to the next-of-kin of the deceased in cash and rest of the amount of ` 2,00,000 be kept in their Fixed Deposit account, which will be available to the next of kin of the deceased in the shape of monthly interest. 6.21 The Commission also directed the Joint Secretary, Labour Department, Government of West Bengal to submit report about Late Hossain Molla, Late Azgar Ali and Late Alamin Molla, after examination of the X-ray plates, as to whether they had been suffering from Silicosis or not and to inform the Commission about the treatment provided to the victims, Hasanur Molla and Nur Hossain. 6.22 The Commission further considered the matter on 04.05.2017 and observed that the State of West Bengal has analysed the quantum of compensation in terms of provisions of some of the labour laws or schemes prevalent in State of West Bengal, whereas the Commission is contemplating to recommend the compensation for violation of human rights of the deceased workers. The compensation to be paid under the provisions of the Protection of Human Rights Act (PHRA), 1993 is over and above the compensation to be paid under Annual Report 2017-2018 83