A recent report of the Rajasthan State Human Rights Commission making far-ranging recommendations to check highly fatal and debilitating silicosis, has once again drawn attention towards the gravity of the situation and the urgent need to take measures to prevent it.
Silicosis is a fibrotic lung disorder caused by inhalation, retention and pulmonary reaction to crystalline silica, as a result of exposure during mining, stone crushing and quarrying activities.
The most common form of silica is quartz. Exceptionally high exposure of silica can cause silicosis within a month with a significant impairment of lungs within few years. The major silicosis prone industries are: stone quarries and crushers; quartz mining; foundries; sand blasting; ceramics; gem cutting and polishing; slate and pencil; construction; mining; and glass manufacturing.
As per the report of Indian Council for Medical Research (1999), about 30 lakh workers in India are at a high risk of exposure to silica. Out of these, 17 lakh are in mining/quarrying activities, 6.3 lakh in glass and mica industry and 6.7 lakh in metals industry. In addition, 53 lakh construction workers are also at the risk of silica exposure. Experts say this number could be much more as detection is low and is often diagnosed and treated for tuberculosis which aggravates the situation for the patients.
Rajasthan, Gujarat, Madhya Pradesh, Haryana, Delhi and Karnataka are some of the worst affected States. The potential victims are poor migrant workers employed as casual labourers who suffer or die for lack of specialised treatment.
Way back in 2011, the National Human Rights Commission (NHRC) tabled a Special report to Parliament of India on silicosis – first of its kind – and said failure of the government to provide health facilities was a violation of human rights while suggesting that the government should ensure health care to all workers employed at places prone to silica and earmark adequate compensation to the families in the case of death.
“The NHRC is of the view that the occupational hazard of silicosis is preventable if the working conditions are property regulated and proper warning and protective equipments are used. Once a worker or any other person is afflicted by silicosis it becomes a constitutional obligation on part of the State to take appropriate short-term and long-term measures from the point of view of providing medical facilities and rehabilitation of the victims,” the report said.
The Commission has prepared a set of recommendations for prevention, treatment and rehabilitation of silicosis patients including the use of modern technology to prevent the disease, regular health check-ups for workers — whether regular, contractual or daily wagers — at places where they are exposed to silica and even linking silica treatment with the TB Control Programme.
In addition to suggesting legislative protection for silicosis patients, the special report had also recommended automatic compensation for the victims and social security cover to those at risk. Further, it had called for amending legal provisions like the Mines Act, Factories Act, Workman's Compensation Act and the ESI Act to bring under their purview those at risk of silicosis and stricter implementation of the existing laws.
However, there has been very little implementation of these recommendations as well as the existing laws, both at the Centre and the State level, putting lakhs of workers employed in these hazardous jobs at risk.
