NATIONAL HUMAN RIGHTS COMMISSION
the subsequent list namely Ram Milan S/o Ameera had also died on 28.11.2015. The State
Government of Madhya Pradesh has not intimated the Commission regarding providing
compensation to the next of kin of these deceased persons. They have also not mentioned
anything about the remaining 46 workers who were suffering from Silicosis (list submitted
by the complainant on 12.4.2016).
6.32 The Commission perused the record on 05.07.2017 and observed that the State of
Madhya Pradesh, instead of taking steps to provide monetary relief to the deceased workers
have stated that the worker shall be paid compensation under the provisions of Employees
Compensation Act, 1923. Further, they have also stated that Health and Mines Safety is subject
of the Director General, Mines Safety, therefore, the compensation, should be paid by DGMS.
The Commission is of considered view that the lease of the mines is granted by the State
Government, they earn revenue out of lease of the mines. Further, the pollution control is
the subject matter of the State Government and therefore, it is the responsibility of the State
Government to give compensation to the deceased workers. Further the compensation for
violation of human rights is contemplated under the provisions of the Protection of Human
Rights Act, 1993. The Commission, therefore, directed Chief Secretary, Govt. of Madhya
Pradesh to make payment of ` 1,00,000/- (Rupees One Lakh only) in cash and ` 2,00,000/(Rupees Two Lakhs only) in Fixed Deposit in the name of the next of kin of each of the four
deceased workers namely Ram Milan, Mast Ram s/o Bhagona Gaud, Shyamu S/o Jugal,
Kamta @ Kintu S/o Baldev. The compliance report alongwith proof of payment is awaited
and the matter is under consideration of the Commission.
3.
Victims of Silicosis in Anand District, Gujarat : “Agate” Workers in Village
Khambat
(Case No. 351/6/3/2010)
6.33 The Commission received a complaint dated 15/04/2010 from Shri Jagdish Patel,
Director, Peoples Training & Research Centre, Vadodara, Gujarat with the submission that
Khambhat District Anand, Gujarat is one of the oldest centers for Agate Craft. Hundreds of
showcase and jewellery items are manufactured here from Agate, Quartz and other stones.
While giving shapes to the stones on the emery wheels, lots of dust is generated. These stones
have high content of free silica.
6.34 According to complainant, the Agate workers in Khambhat are not self-employed
workers but may be termed as supply chain workers because they do not buy raw material
nor do they sell finished goods. There are 5 to 6 different processes like breaking of stones,
grinding of stones, grilling of beads and polishing of stones etc. During this process, the
workers carry a risk of getting exposed to fine silica dust. Workers are not free to give the
shape as per their own but they work as directed by the traders. He also enclosed a list of
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Annual Report 2017-2018