सव
भव तु सिखनः
ु
Currently, payments were being made at the departmental level through a centralised process for Silicosis vic ms
and their dependents.
The Commission noted that the excuse for not issuing
Silicosis cer ficates was primarily an administra ve lapse.
Consequently, the Commission directed the Chief
Secretary of the Government of Rajasthan and the District
Magistrate of Jodhpur to provide a sum of Rs. 5 lakh to the
next of kin of the deceased within four weeks. Failure to
comply would result in both of them having to appear in
person before the Commission.
In response to this direc ve, the Addi onal Chief
Vigilance Commissioner of the Home Department of the
Government of Rajasthan submi ed a report indica ng
that financial approval for an ex-gra a payment of Rs.
5,00,000 in favour of the deceased's next of kin had been
issued to the District Collector of Jodhpur. The process of
making the payment to the next of kin was underway and
was expected to be completed within 15 days. The report
was accompanied by a copy of the sanc on order.
Taking this into account, the Commission closed the
ma er on 20 July 2022, and directed the District Collector
of Jodhpur, Rajasthan, to disburse the sanc oned Rs. 5
lakh to the next of kin of the deceased, at the earliest. In
the event of non-payment, the District Collector was
instructed to submit a compliance report along with proof
of payment to the Commission within four weeks.
A er the case was closed, the Commission received a
le er from the District Collector of Disaster Management
and Assistance in Jodhpur, Rajasthan, reques ng a review
of the earlier recommenda on due to concerns about
se ng a precedent. The Commission, however, declined
the request, sta ng that the sanc on for the Rs. 5 lakh
compensa on had already been issued in line with
NHRC's recommenda on, and the State Government
couldn't change its stance at this point. The Commission
emphasised that the vic m's death was due to Silicosis,
and the state machinery's failure to provide necessary
documenta on resulted in a lack of evidence for the
vic ms and their families. The Commission believed that
when there was documentary evidence of Silicosis, the
state should proac vely provide compensa on to the
vic ms' families, given its failure to protect the workers'
right to health. Referring to a 2010 Supreme Court case
(People's Rights and Social Responsibility Centre (PRASAR)
Chapter 7 - Thematic Areas
and Ors. vs. Union of India and Anr.), the Commission
stressed the need to protect workers affected by Silicosis
and improve working condi ons in silica dust-prone
industries. The Ministry of Health and Ministry of Labour
were entrusted with assis ng NHRC in iden fying
confirmed Silicosis cases and recommending medical
relief and compensa on for Silicosis-related deaths. The
Commission reiterated its recommenda on for the
payment of Rs. 5,00,000 to the next of kin of the
deceased, following the Supreme Court's direc ves, with
proof of payment to be submi ed to the Commission
within four weeks. Hence, the case was closed
7.3 Rights of Women
7.3.1 NHRC, taking note of the greater challenges faced by
women, has been commi ed to protec ng and
promo ng their rights from its incep on, giving due
importance to this thema c area in its work and
func oning. India is party to several major internaonal conven ons pertaining to the rights of
women, the most important of which is the Convenon on the Elimina on of All Forms of Discriminaon against Women (CEDAW) of 1979. CEDAW has
189 UN member states as its signatories and was
ra fied by the Government of India in 1993.
Consequently, the provisions of the conven on are
reflected in the policies, laws, schemes, and
programmes for women being run by the Government of India. It is disheartening to note that
despite the existence of conven ons, laws, and
ini a ves by the Government of India as well as
state governments, there s ll remains a long way to
go when it comes to the rights of women in India.
Recognising the cri cal need to have targeted and
suitable coverage of all the major issues pertaining
to the rights of women, the Commission has a Core
Group on Women.
7.3.2 A mee ng of the Core Group on Women was
conducted on 5 September 2022 on 'Women's
Health, Survival and Nutri onal Status: Challenges
and Way Forward”. The session was chaired by
Jus ce Shri Arun Mishra, Chairperson, NHRC, and
senior officers of the Commission; members of the
Core Group on Women, as well as representa ves
from the Ministry of Health and Family Welfare,
Ministry of Women and Child Development,
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