Supreme Court Directs NGT To Monitor Silicosis-Prone Industries And Orders NHRC To Oversee Compensation Process For Affected Workers

The Supreme Court on Tuesday (August 6) directed the National Green Tribunal to monitor and ensure compliance with minimal standards in industries prone to silicosis disease and to take necessary steps to prevent the spread of the disease.

“we now direct the NGT to oversee the impact of silicosis prone industries and factories across India and ensure that the CPCB and the respective SPCBs comply with the earlier directions of this Court. Furthermore, we direct the NGT to undertake any additional necessary steps to prevent the spread of silicosis by such industries and factories”, the court stated.

A bench of Justice Vikram Nath and Justice PB Varale also directed the National Human Rights Commission to oversee the compensation process for affected workers and their families across the states.

“we direct the NHRC to oversee the compensation process across the respective states. We also direct the ESIC and the Chief Secretaries of the respective states to adhere to the directions of the NHRC and collaborate with them to ensure that the compensation distribution process is carried out efficiently and without delay.”

With these directions, the Court disposed of a long-standing writ petition regarding the critical issue of "Silicosis" among workers in various industries across the country. Silicosis is a debilitating and incurable lung disease primarily affecting workers in industries such as mining, construction, stone cutting, and sandblasting, where exposure to silica dust is high, the Court noted.

The petition, filed by the People's Rights and Social Research Centre, a Delhi-based NGO, sought the Court's intervention to address the rampant spread of this incurable occupational lung disease caused by prolonged inhalation of silica dust.

The petitioner highlighted that despite being preventable through adequate safety measures, the lack of stringent enforcement and awareness has led to a significant number of workers contracting the disease. The petition emphasized the urgent need for systemic reforms to address detection, prevention, and treatment of silicosis and to protect the health and rights of workers.

The petitioner contended that the widespread prevalence of silicosis among workers constitutes a violation of their fundamental rights under the Constitution, particularly their right to health, safety, and a life of dignity as enshrined under Article 21. The petition also invoked the Directive Principles of State Policy, specifically Articles 39(e) and 42, which mandate the State to protect workers' health and strength and ensure they are not forced into hazardous occupations due to economic necessity.

The petition further highlighted the lack of sufficient insurance, treatment, compensation, and rehabilitation for silicosis victims and their families. The petitioner urged the Court to direct the constitution of a high-level committee to address the detection and management of silicosis comprehensively and to establish guidelines for prevention, treatment, rehabilitation, and compensation.

Since the filing of the writ petition in 2006, various orders were passed by the Supreme Court, involving multiple respondents, including the Union of India, all the states, the NHRC, Employees State Insurance Corporation (ESIC).

On March 5, 2009, the NHRC submitted a preliminary report following a survey on silicosis, revealing its widespread prevalence across many states. The NHRC recommended immediate medical relief for confirmed silicosis sufferers and compensation for families of deceased workers.

On May 4, 2016, the Court observed that the State of Gujarat had failed to comply with NHRC's recommendations, including paying compensation of Rs. 3 lakhs to the next of kin of 238 deceased workers. The Court directed the State of Gujarat to comply with the NHRC's recommendations within one month.

Additionally, the State of Madhya Pradesh was ordered to submit an affidavit detailing the rehabilitation measures taken for the 304 affected individuals identified by the NHRC. The Central Pollution Control Board (CPCB) was also required to file an affidavit on the actions taken in response to the Committee's report on silicosis and pneumoconiosis in Godhra, Gujarat.

On August 23, 2016, the Court noted that CPCB inspected quartz grinding units in Gujarat and found significant non-compliance with statutory mandates. The CPCB recommended several measures to mitigate silica dust exposure, and the Court directed the State Pollution Control Board (SPCB) to take action against non-compliant units. Further, the Court observed that the severity of silicosis was particularly pronounced in Delhi, Haryana, Rajasthan, Madhya Pradesh, Gujarat, Jharkhand, and Puducherry.

The Court referenced its order from January 30, 2008, in Occupational Health & Safety Association v. Union of India & Ors., which provided various directions on reducing occupational hazards in thermal power stations. The Court extended these directions to silica units, requiring comprehensive medical check-ups, free medical treatment, and compensation for affected workers, along with stringent control measures for dust, heat, and other hazards.

On March 5, 2019, the Court reviewed reports highlighting large-scale environmental law violations in silicosis-prone industries, leading to serious health problems and deaths.

After reviewing various reports and submissions from the NHRC, CPCB, and state committees, the Supreme Court identified two primary aspects for consideration: the environmental aspect of preventing silicosis in industries and the compensation for affected workers.

Regarding the environmental aspect, the Court noted that the writ petition was filed in 2006, prior to the establishment of the NGT, which is why these issues could not be brought before the Tribunal initially. However, given the GT's mandate of expeditious disposal of environmental protection cases and the enforcement of related decisions, the Court now directed it to take over the responsibility of overseeing the environmental impact of industries prone to causing silicosis.

Second, regarding compensation for affected workers, the Court directed the NHRC to oversee the compensation process across the states.

The Supreme Court also directed its Registry to forward all relevant reports of State Committees, CPCB, NHRC, and DGMS to the NGT and NHRC and allowed the petitioners to approach these bodies to assist in implementing the Court's directions.

The writ petition was accordingly disposed of by the Supreme Court.

Case no. – Writ Petition (Civil) No. 110 of 2006

Case Title – Peoples Rights And Social Research Centre (PRASAR) & Ors. v. Union of India & Ors.

Citation : 2024 LiveLaw (SC) 560