Annual Report 1999-2000 factories that had been set up in the Mandsaur District of Madhya Pradesh. The health of the majority of the workers employed in these factories was affected due to inhalation of silicon dust. The Government had taken steps to provide medical facilities and ensure that all these workers were covered under the Employees State Insurance (ESI) scheme. There was a mobile van in operation to provide medical facilities to the workers. They were even provided with pensions on the declaration that the worker was affected by the disease, which was an occupational hazard. The district administration had advised owners of these factories to instal BHEL machinery to minimise dust particles. However, many of the owners of these factories were unable to meet the cost of the sophisticated machinery, this resulted in the spread of silicon dust and affected the workers' health. The Labour Inspectors were visiting the factories and prosecuting those who were not applying the minimum standards laid down for the prevention of this pollution. Having regard to the provisions ofthe Indian Constitution as well as to the International Human Rights instruments concerning the right to life, the Commission gave the follotving directions to the State for future compliance: 1. To ensure tlie establishing of BHEL machinery in the factories to prevent dust pollution, and to ensure that pollution-free air is provided to workers. 2. Inspection by the Labour Department on a monthly basis, and reports to be submitted to the State Human Rights Commission for monitoring. 3. Widows and children of deceased workers to be taken care of by the factory owner by providing assistance. 4. To ensure that child labour is prevented by the following methods: a. Establishing schools at the cost of factory owners, with assistance from the State for the education of the workers' children. b. The provision of periodic payments for their education and insurance coverage at the cost of factory owners. c. The provision of mid-day meals and clothing to dependent children or children of deceased workers. COMMENT In examining this matter, the Commission observed that the right to health and medical care is a Fundamental Right under Article 21, read with Articles 39(e), 41 and 43 of the Constitution. The right to life includes protection of the health and strength of workers, and is a minimum requirement to enable a person to live with human dignity. The Universal Declaration of Human Rights, as well as other international instruments, also speak of this right. Continuous exposure to the corroding effect of silicon dust can result in the silent killing of those who work in such an environment. The duty of the State, under the Directive Principles of State Policy of the Constimtion, is to ensure the protection of the health of workers employed in such slate factories in Mandsaur and elsewhere in the State. 138