NATIONAL HUMAN RIGHTS COMMISSION other legislation & or ex-gratia. The Commission reiterated that from the records before it, it was clear that the above mentioned five workers had died due to carelessness/negligence of the enforcement agencies of the State of West Bengal, who had not ensured that the factory management provides necessary protective equipments for the protection of workers from inhaling silica dust. It is also important to mention here that Silicosis can be prevented but it is an incurable disease. A person who contracts Silicosis has to die ultimately. Therefore, the State is vicariously liable for these deaths. Further, the Commission made it clear that it has consistently been awarding ` 4 lakhs, as compensation, in cases of death due to Silicosis, to be paid to their NOK of the deceased persons. Moreover, these workers died during 2012 to 2013 and long period of time has passed since then. The recommendations of the Commission to make payment of ` 400,000 to NOK of each of workers who had died due to Silicosis are being honoured by the other State Governments such as State of Jharkhand etc. 6.23 The Commission, therefore, recommended a monetary compensation of ` 4,00,000, u/s 18(a) (i) of the Protection of Human Rights Act, 1993, to be paid to the next-of-kin of the five deceased victims Late Babusona @ Monirul Molla, Late Muzaffar Molla, Late Bhiswa @ Visho Mondal, Late Abul Paik, Late Biswajit Mondal. This amount, ` 4,00,000 would include ` 2,00,000 which the State Govt. is already contemplating to pay to the NOK of the 5 deceased persons. Out of ` 4,00,000, ` 2,00,000 may be given to the next of kin of the deceased in cash and rest of the amount of ` 2,00,000 may be kept in their Fixed Deposit accounts, whose interest will be paid to their next-of-kin of the deceased regularly. The compliance report along with proof of payment is awaited from Chief Secretary, Govt. of West Bengal. 2. Thriving Diamond Mining in Panna District, Madhya Pradesh versus Workers Falling Prey to Silicosis (Case No. 430/12/32/2012) 6.24 The Commission received a complaint dated 31.01.2012 from Shri Mohit Gupta, Environics Trust mentioning therein that Panna is a city in Madhya Pradesh famous for its diamond. The plight of thousands of workers working in numerous stone quarries is abysmal. Stone quarries turned out to be the single largest source of non-agricultural employment in the district as the fury of recurring drought and other conditions make agriculture a risky occupation. As a result, the quarry business is thriving but there are hard realities for workers. The work is done in extremely hazardous conditions in these quarries. It has been further submitted that the workers have not been provided any employment proof or any protective equipment in the course of their work. The workers are mostly illiterate and are not aware of the risks caused by the silica dust. 6.25 A medical camp was organized in Panna by Environics Trust in the month of August 2011. Renowned Dr. V. Murlidhar held the camp in which 40 stone quarry workers came 84 Annual Report 2017-2018

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