Peoples Rights and Social Research Centre (PRASAR) vs. Union of India [August 6, 2024]
Background
The Supreme Court’s judgment in Peoples Rights and Social Research Centre (PRASAR) vs. Union of India addressed the grave and widespread issue of silicosis—a debilitating and often fatal occupational lung disease—affecting workers in various industries across India. The petition, filed under Article 32 of the Constitution, highlighted rampant silicosis due to inadequate detection, monitoring, and remedial measures, and alleged a direct violation of workers’ fundamental rights under Article 21 (right to life and health) as well as the Directive Principles of State Policy (Articles 39(e) and 42).
Key Issues
Failure of the state to protect workers from hazardous conditions and provide adequate medical care, compensation, and rehabilitation.
Lack of effective enforcement of existing safety standards and monitoring mechanisms in silicosis-prone industries.
The need for systemic reforms to uphold constitutional mandates and ensure justice for affected workers.
Supreme Court’s Directions and Findings
Recognition of Fundamental Rights Violation: The Court reaffirmed that the right to health and safety at the workplace is a fundamental right under Article 21, and that the state’s failure to protect workers from silicosis constitutes a grave constitutional violation.
Systemic Reforms and Oversight: The Court mandated systemic reforms, directing the National Green Tribunal (NGT) to oversee the environmental aspects of silicosis-prone industries nationwide. The NGT is to ensure that the Central and State Pollution Control Boards comply with the Court’s earlier directions and take any additional necessary steps to prevent silicosis among workers.
Compensation Mechanism: For compensation to affected workers and their families, the Court tasked the National Human Rights Commission (NHRC) with overseeing the process across all states. The Employees’ State Insurance Corporation (ESIC) and Chief Secretaries of the respective states were directed to cooperate fully with the NHRC to ensure timely and efficient compensation distribution.
Monitoring and Reporting: The Court required the Registry to forward all relevant reports and affidavits from State Committees, the Central Pollution Control Board (CPCB), NHRC, and the Director General of Mines Safety (DGMS) to the NGT and NHRC for effective execution of responsibilities.
State Accountability: The Chief Secretaries of states must submit detailed reports on the implementation of recommendations and actions taken, with the threat of personal appearance before the Court in case of non-compliance.
Conclusion
The Supreme Court disposed of the writ petition by establishing a robust framework for monitoring, compensation, and enforcement to address the silicosis crisis. The judgment underscores the constitutional imperative to safeguard workers’ health and dignity and holds states and statutory bodies accountable for upholding these rights. The Court’s directions aim to ensure systemic, transparent, and timely redressal for affected workers, marking a significant advance in occupational health jurisprudence in India.
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