NATIONAL HUMAN RIGHTS COMMISSION
workers who died of Silicosis and has enclosed certificate of expert doctors of Shri Krishna
Hospital and PS Medical College, Karamsad, District Anand.
6.35 The Commission on 21.04.2010 took cognizance and forwarded a copy of complaint
along with list of 45 person and related documents, who died of Silicosis to the Chief Secretary,
Govt. of Gujarat for submitting report as to whether Next-of-Kins of the persons, who died of
Silicosis have been financially compensated or not. Copy of the complaint alongwith related
documents was also sent to District Magistrate, Anand, Gujarat for necessary action.
6.36 The Commission on 06.05.2015 considered the matter and directed DG In-charge
investigation Division to conduct an inquiry and as per Commission’s directions dated
15.10.2015, copy of the report was sent to the Chief Secretary, Government of Gujarat for
para-wise comments on the report.
6.37 The Commission on 21.12.2017 perused the record and observed that Government
of Gujarat has accepted that there has been epidemic menace of Silicosis in the Khambhat
region and they have paid financial assistance of ` 100,000 to NOK’s of 61 persons who
died of Silicosis so far and the complainant has given lists of 415 persons, who were either
suffering from Silicosis or died of Silicosis. 157 out of 415 persons have died of Silicosis. The
menace of Silicosis had been traced in 1961 or so and it has been confirmed by the specialised
organisation such as NIOH etc. in the year 1980, 2002 and 2010. Further, the complainant
has contended that the menace of Silicosis is frequent in Jambusar Taluka of Bharuch district
of Gujarat. But the State Government has neither conducted any survey nor come out with
any action taken report on the menace, in the area. Further, State Government has not made
any Rehabilitation Scheme for the persons who are suffering from Silicosis and NOK of the
persons who died of Silicosis. The financial relief paid by the State Government is also very
meagre.
6.38 The State Government has also failed to register registerable units under the Factories
Act and has not taken any steps as per recommendation of the NHRC team to formulate a
comprehensive policy to regulate functioning of Agate units; addressing problem of Agate
workers in general and in the light of the Supreme Court Judgement in the matter of P.M. Patel
& Sons Vs Union of India and Ors [1986-(001)-LLJ-0088-Supreme Court and 1986-(001)-SCC0032-SC].
6.39 The State Government instead of implementing the directions of Hon’ble Supreme Court
of India in the above stated matters have argued that they do not want to implement/introduce
PF in Agate Industries. In fact, the directions of Hon’ble Supreme Court of India in this matter
is that “In the context of the conditions and the circumstances set out earlier in which the
home workers of a single manufacturer go about their work, including the receiving of raw
material, rolling the beedis at home and delivering them to the manufacturer subject to the
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