Addressing the Problem of Silicosis: A Human Rights Issue

Abstract

Silicosis is a deadly occupational disease, which is affecting lakhs of workers in India. The state governments have been evading the issue on grounds that these workers are from an unorganized sector and hence, not entitled to social security protection, or that they are migrants from a neighbouring state. Thus, the governments have adopted a purely legalistic or litigational approach, and failed to look at the issue from the lens of human rights only.NHRC took cognizance, and has submitted a Special Report to the Parliament of India on silicosis, suggesting amendments in various labour law legislations. Ultimately, it is up to the Parliament or state legislatures to accept or reject them. Whatever they do, they must not forget that this is a question of protection of the most basic, inherent right, i.e. the fundamental right to life, and any unreasonable delay in providing legal redress, or any undue carelessness in implementation, is grave and unpardonable. This Article makes an attempt to discover and explain the obligation of the Government of India under both domestic as well as international law, to address the problem of silicosis, which the Government and the legislators must necessarily consider. This article also makes an attempt to discover whether the existing Indian law provides a remedy against this deadly disease, or whether any further reforms are required.No doubt, the issues of social security and rehabilitation will have to be legally addressed within a reasonable time frame. The present article, however, explains as to how this problem can be legally redressed, under the existing laws, till the time the government brings out a separate legislation.WHO newsletters, National Human Rights Commission, Special Report to Parliament of India on Silicosis, Report of The Second National Commission on Labour, (2002), various judgments of Indian and foreign courts, labour legislations and international human rights conventions were referred to, and the government was found to be liable under domestic as well as international law remedy this problem.