Annual Report 2009-2010
families and dependents. The NHRC has adopted a two-pronged approach to tackle the issue
of silicosis. On the one hand, it is considering individual cases, and on the other hand, it is
devising preventive, rehabilitative and remedial measures to deal with the issue of silicosis.
6.8
The NHRC is of the view that the occupational hazard of silicosis is preventable if the
working conditions are properly regulated, proper warning is given and protective equipments
are used. Once a worker or any other person is afflicted by silicosis, it becomes a constitutional
obligation on the part of the State to take appropriate short-term and long-term measures from
the point of view of providing medical facilities and rehabilitation to the victims. However,
by and large, NHRC’s observation has been that neither the Central Government nor any
of the State Governments have come out with a comprehensive policy which encompasses
preventive, curative and rehabilitative measures for the benefit of silicosis victims.
6.9
The Commission had earlier requested the Ministry of Labour to collect relevant
information from all the States/Union Territories. The Ministry, on its part, informed that they
had directed the Directorate General of Factory Advice Service Labour Institute (DGFASLI) to
collect the requisite information from all the States/Union Territories. At the time of writing of
this Annual Report, it was reported to the Commission that responses had been received from
26 States/Union Territories.
6.10 With a view to assist in devising strategies for dealing with the problem of silicosis
and evolving necessary preventive, remedial, rehabilitative measures to solve the problem
of silicosis in the country, the NHRC has constituted an Expert Group on Silicosis under the
chairmanship of one of its Member (Shri P. C. Sharma). The following are the other Members:
1.
2.
3.
4.
5.
6.
7.
8.
Director General, Directorate General of Factory Advice Services Labour Institute, Mumbai (Ministry of Labour & Employment, Government of India).
Director General, Directorate General of Mines Safety, Dhanbad (Ministry of Labour & Employment, Government of India).
Director, National Institute of Occupational Health, Ahmedabad (Ministry of
Health & Family Welfare, Government of India).
Representative of Ministry of Commerce & Industry, Government of India.
Representative of Ministry of Environment and Forests, Government of India.
Shri S.A. Azad, People’s Rights and Social Research Centre (PRASAR),
New Delhi.
Ms. Anita Shenoy, Advocate, Supreme Court of India, New Delhi.
Joint Secretary (P&A), National Human Rights Commission, New Delhi.
6.11 The first meeting of the Expert Group was convened in the NHRC on 5 January 2010.
The Expert Group identified the silicosis-prone industries and decided to evolve preventive,
remedial, rehabilitative measures to deal with the problem of silicosis. Moreover, it opined
payment of compensation to the affected persons.
6.12
The silicosis prone industries identified by the Expert Group were:
a.
88
All stone quarries and crushers
NHRC