Annual Report 2008-2009
both care for all affected persons and prevention of further cases. Accordingly, the NHRC had
constituted a Task Force on silicosis under the chairmanship of one its Members.
6.10 During 2008-2009, the NHRC received individual complaints on the problem of silicosis.
In a meeting held on 1 May 2008, the Commission reiterated that silicosis is an occupational
hazard and it could be prevented if the working conditions of workers are properly regulated
and proper warnings are adhered to by the employers, both in the organized and unorganized
sector. Since none of the States/Union Territories have a policy that encompasses preventive,
curative and rehabilitative measures that could be taken for the benefit of silicosis victims, the
NHRC directed that the Union Government and the States/Union Territories should furnish
complete information with regard to the following points:
(i)
What steps the Government is taking to prevent and ultimately eliminate the problem of
silicosis, within how much time-frame and how it proposes to monitor its actions?
(ii)
Whether the Government has undertaken any survey regarding the prevalence of silicosis?
If yes, the total number of victims identified and the status of their treatment;
(iii) How many complaints have been received by the States/Union Territories regarding the
problem of silicosis and what steps have been taken by the Government?
(iv) What steps have been taken to implement Schedule No. XIII prepared by Directorate
General Factory Advice Service and Labour Institute under model Rule 120 framed u/s 87
of the Factories Act?
(v)
How many Hospitals/Treatment Centres exist for diagnosis and treatment of the
occupational disease – silicosis?
(vi) Whether a policy has been formulated for simplifying the procedure to enable the workers
to file claims for compensation?
(vii) Whether the State/Union Territories have paid any compensation to the victims of silicosis?
If yes, the details of such persons and the amount paid;
(viii) What steps are contemplated by the Government to ensure that the workers employed in
industries/ factories/quarries/mines receive compensation?
(ix) Whether the Government has evolved any policy for prevention and cure of silicosis and
payment of compensation to the persons working in the unorganized sector?
(x)
Whether the Government proposes to constitute any Board or set up any fund for the
rehabilitation and insurance of all the workers affected by silicosis?
6.11 At the time of writing of this Annual Report, the Commission had received responses
from 18 States only. It had also received a copy of the Supreme Court order dated 5 March 2009
in the Writ Petition (Civil) No. 110 of 2006 in the case of People’s Rights and Social Research
Centre (PRASAR) v. Union of India and Ors. In this case the Supreme Court has issued directions
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