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
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Annual Report 2017-2018