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Annual Report 2022-23
The State of Rajasthan ini ally opposed the grant of
compensa on on the ground that, the case was registered
against the deceased doctor to maintain law & order and
no negligence was commi ed by the Police Officers.
However, as per the report, two Police officers had been
suspended and departmental ac on ini ated against
them for registra on of the FIR against her. The Commission did not find the submissions made by the state
sustainable and confirmed its recommenda on for grant
of compensa on. In compliance of the Commission's
recommenda ons, the competent authority sanc oned
the compensa on amount of Rs. 5,00,000/- to NoK of the
deceased doctor. The Commission also directed the DGP,
Rajasthan, to organize a workshop to sensi ze its officials
and to frame Guidelines, as per direc ons of the Hon'ble
Supreme Court in the Jacob Mathew Case Judgment, to
deal with alleged criminal negligence by doctors, so as to
prevent recurrence of such unfortunate incidents. The
Commission also decided to seek report on compliance of
Jacob Mathew Case Judgment from other states/ UTs.
6.) Silicosis Compensa on Dispute in Gujarat, India.
(Case No: 1067/6/3/2020)
On 28 July 2020, the Commission received a complaint
filed on behalf of a vic m. The complaint alleged that her
husband had succumbed to silicosis in 2012. She had
received only Rs. 1,00,000 from the Gujarat Rural Workers
Welfare Board on 01 May 2016. However, the remaining
amount of Rs. 3,00,000, as recommended by the Na onal
Human Rights Commission in Case No. 511/6/3/2010,
had not been provided to her.
Upon taking cognizance of the ma er, the Commission
directed its Registry to forward the complaint to the Chief
Secretary of the Government of Gujarat. This direc ve
was issued with the inten on of promp ng appropriate
ac on within eight weeks. The direc ve also emphasised
the importance of involving the complainant/ vic m and
keeping them informed of the ac ons taken.
In response to the Commission's direc ves, the Under
Secretary of the Skill Development and Employment
Department, Government of Gujarat, based in
Gandhinagar, sent a le er men oning a security scheme
related to financial assistance for the legal heirs in cases of
silicosis-related deaths of self-employed professionals in
the Akiks business. This scheme, as per Government
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Resolu on No. lws-142011/715751-M3, dated 04
January 2014, and subsequent amend- ments, authorised
a payment of Rs. 1 lakh. It was stated that this amount had
already been disbursed to the legal heir of the deceased.
However, the Commission noted that the report did not
address the outstanding payment of Rs. 3,00,000, as
previously recommended. In the earlier case, the Commission had advised an addi onal sum of Rs. 3,00,000
(Three Lakh only) for the NoK of each of the 61 confirmed
silicosis-related deaths. Out of this amount, Rs. 1,00,000
was to be provided in cash, and the remaining Rs.
2,00,000 was to be deposited in a Fixed Deposit account in
the name of the NoK of the deceased individual, with the
interest intended to support their dignified living. As a
result, the Commission instructed the Chief Secretary of
the Government of Gujarat to submit an addi onal report
to address the outstanding balance of Rs. 3,00,000 that
had not been paid to the NoK of the deceased silicosis
vic m. Failure to comply with this direc ve would lead the
Commission to consider invoking provisions under
Sec on 13 of the PHRA.
In response to the Commission's further inquiry, the
Deputy Secretary to the Government of Gujarat, Labour
Skill Development and Employment Department, sent a
le er men oning that an FD of Rs. 2 lakh had been
established in her name. In light of the State Government's acceptance of the Commission's recommendaon, the case was officially closed on 31 October 2022.
7.) Silicosis Compensa on Case in Jodhpur, Rajasthan:
Commission's Decision
(Case No: 1186/20/19/2020)
On 28 July 2020, the Commission received a complaint
concerning the tragic deaths of individuals due to Silicosis.
The complainants alleged that the next of kin of the
deceased had not received any financial assistance from
the State Government. Upon taking cognizance of the
ma er, the Commission reviewed a report from the
District Magistrate of Disaster Management and Assistance in Jodhpur, Rajasthan. The report stated that while
the vic m had been registered for Silicosis, Silicosis
Cer ficates had not been issued to the vic ms or their
dependents due to an immediate arrangement issue. As a
result, payment under the exis ng policy was not
possible, given the current online payment process.
Chapter 7 - Thematic Areas