Silicosis deaths: Supreme Court asks Gujarat to pay Rs 7 crore, pulls up chief of pollution board
In a rare order, the
Supreme Court has issued a bailable warrant against the chief of the Central
Pollution Control Board (CPCB) after he did not show up to explain steps taken
for preventing death of workers due to silicosis, a lung disease caused by inhalation
of dust containing silica.
The top court has also
directed the Gujarat government to release more than Rs 7 crore as compensation
to the families of 238 workers who died due to silicosis after working in
Godhra’s quartz and stone crushing industries. Issuing the order last
week, a bench of Justices Kurian Joseph and Rohinton F Nariman expressed
concern over the negligent attitude of the CPCB in addressing the issue of this
occupational health hazard although hundreds of people, mostly tribals from Madhya
Pradesh, have died due to silicosis while working in Gujarat.
In February, the court asked the CPCB to
apprise it of steps taken to prevent the disease and to provide workers a
dignified and safe working environment. It had also sought CPCB’s response to a
detailed report filed in the court on causes of the disease and the safeguards.
Since no response was put forth by the CPCB, the bench asked its chairman to
appear before the court. “Despite service of notice on the Chairman of the
CPCB, there is neither any personal appearance nor any appearance through the
counsel requesting exemption from personal appearance. In that view of the
matter, issue bailable warrant for securing the presence of the Chairman of the
Board on the next date of hearing,” the bench ordered while fixing June 30 as
the next date.
On according monetary relief to the
families of the workers who died, the bench underlined that there had been
directives by the National Human Rights Commission (NHRC) in 2010 but the
Gujarat government was still to comply. Noting that the Gujarat government had
not challenged the NHRC’s directive, the apex court ordered the state to
disburse Rs 1 lakh each to next of kin of 238 workers who died due to the
disease, and deposit another Rs 2 lakh each in bank accounts to enable the
families earn interest on it.
“In the interest of the kith and kin of
people who died on account of the disease and particularly in the interest of
the orphan children, the state of Gujarat should forthwith comply with the
direction of the NHRC,” the bench said, adding district collectors of Jhabua
and Alirajpur districts of Madhya Pradesh, from where these workers had
travelled to Gujarat to work, will distribute the money.
It
clarified that the Gujarat government’s contention regarding liability of the
employee state insurance corporation (ESIC) to pay shall be adjudicated later.
The chief secretary of Madhya Pradesh government has also been directed to file
an affidavit detailing steps taken by them for rehabilitation of 304 people who
have been identified as affected by silicosis.
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