Summary
A public interest writ petition pending since 2006 on silicosis among workers in mining, stone crushing, quartz grinding and construction was disposed of after a review of the orders passed over the years. Holding that statutory bodies were better placed to monitor implementation, the Court entrusted the environmental and industrial-compliance aspect to the National Green Tribunal and the compensation aspect to the National Human Rights Commission, with the ESIC and State Chief Secretaries directed to cooperate.
Issues
- How the continuing supervision of measures to prevent silicosis in silica-dust producing industries, and of compensation and rehabilitation for affected workers and their families, should be carried forward after the Court's earlier directions.
Provisions considered
- Articles 21, 32, 39(e), 42, 43 and 48A, Constitution of IndiaThe petition was filed under Article 32 invoking the right to health, safety and dignity under Article 21 and the Directive Principles protecting the health of workers, humane conditions of work, a living wage and the environment. The Court did not separately rule on these; it disposed of the petition by entrusting monitoring to statutory bodies. (¶¶ 1, 3)
- Section 91A of the Factories Act; Section 9A of the Mines Act, Factories Act, 1948 and Mines Act, 1952Recounted as the provisions under which the Court had earlier directed the DGMS and DG-FASLI to carry out health and safety surveys of silicosis-affected workers, with NGO involvement, and to report on treatment, compensation and rehabilitation. (¶ 5.13)
- National Green Tribunal established under the Act, National Green Tribunal Act, 2010As the NGT is tasked with expeditious disposal of environmental cases and did not exist when the petition was filed in 2006, the Court directed it to oversee silicosis-prone industries across India, ensure compliance by the CPCB and State Pollution Control Boards with the Court's earlier directions, and take further preventive steps. (¶ 7)
Held
- The petition raised two aspects, each with a duly constituted statutory body better placed to monitor that the law and the Court's earlier directions are implemented and that further steps are taken: industrial compliance to prevent silicosis, and compensation for affected workers. (¶ 6)
- The environmental aspect, ensuring that industries meet minimum standards to prevent silicosis and face closure on non-compliance, was entrusted to the National Green Tribunal, which was directed to oversee silicosis-prone industries nationwide, ensure CPCB and SPCB compliance with earlier directions, and take any further necessary preventive steps. (¶ 7)
- The NHRC was directed to oversee the compensation process across the States so that affected workers or their next of kin are compensated swiftly, and the ESIC and State Chief Secretaries were directed to follow the NHRC's directions and cooperate with it. (¶ 8)
- The Registry was directed to forward all reports and affidavits of the State Committees, CPCB, NHRC and DGMS to the NGT and the NHRC, and the petitioners were given liberty to approach those bodies and assist in implementation. (¶ 9)
Result
Writ petition and Transferred Case (C) No. 8 of 2017 disposed of; NGT to oversee prevention and industrial compliance, NHRC to oversee compensation with the cooperation of the ESIC and State Chief Secretaries; Registry to forward all reports to both bodies; petitioners at liberty to approach them.