Constitution of India – Art. 32, 21, 39(e), 42, 48A and 43 – “Silicosis” among workers – Need for systemic reforms – Writ petition u/Art. 32 seeking intervention to address the issue of “Silicosis” among workers in various industries such as mining, construction, stone cutting, and sandblasting, where workers exposed to high levels of silica dust causing incurable occupational lung disease – Petitioner’s case that ‘Silicosis’ rampant throughout India due to inadequate detection, monitoring, and remedial measures, thus,urgent need for systemic reforms to protect the health and rights of workers across the country; and that the State’s failure to protect workers from hazardous conditions and provide adequate medical care, compensation, and rehabilitation, a direct infringement of the constitutional mandates: Held: As regards the environmental aspect, to ensure that the industries abide by certain minimal standards to prevent silicosis among their workers, and in the event of non-compliance, these industries to face closure – NGT directed to oversee the impact of silicosis-prone industries and factories across India and ensure that the Central Pollution Control Board and the respective State Pollution Control Board comply with the earlier directions of this Court – NGT to undertake any additional necessary steps to prevent the spread of silicosis by such industries and factories – As regards, the adequate compensation to be received by the affected workers or their next of kins as swiftly as possible, the NHRC directed to oversee the compensation process across the respective states – 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 – Furthermore, the Registry of this Court to ensure that all the relevant reports and affidavits submitted by the respective State Committees, the CPCB, the NHRC, and the DGMS, are forwarded to the NGT and the NHRC to facilitate the execution of their responsibilities effectively and swiftly. [Paras 7-9]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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