Mine owners too will be party in silicosis-related petition

Jaipur: The Rajasthan high court on Wednesday ordered for a survey of mines in the three distrcits of Karauli, Dausa and Dholpur by the Legal Aid Authority to assertain the claim of mine owners and the state government.
The government has asked for a report by August 3. It has also instructed the central and state governments and the State Human Rights Commission to iron out the differences and achieve greater clarity on the division of responsibilities.
The division bench of Justice Ajay Rastogi and JK Ranka also accepted the demand of the mine owners to become a party to the petition. The court was hearing a suo motu petition on the widespread prevalence of silicosis among mine workers in the state on Wednesday.
SHRC noted in its response to the Action Taken Report of the state government that 2013 Uttarakhand flash flood victims' kin were paid Rs 5 lakh in compensation, even though they were on a private trip.
Silicosis-afflicted workers contribute to the economy, and suffer as a consequence of the failure of the Centre and state governments to offer them protection. Kin of the dead receive Rs3 lakh compensation.
SHRC noted that the WHO had arrived at compensation of Rs13 lakh to a silicosis patient on the basis of Disability Affected Life Year. It has also suggested that patients of this disease and their families be declared 'Below Poverty Line', so they can avail facilities provided to such families by the government. However, the government has said that given that the BPL status is offered on the basis of fixed economic parameters prescribed by the Centre. SHRC has said that it would take the matter up with the NHRC.
Wet drilling is mandatory under Mines Regulations of 1961, SHRC noted, but observed mostly in the breach. Water is an issue in the matter - the state government has declined to make provision for water in mines, saying that is the responsibility of the employer. The SHRC said since the government collects a cess from the mines, it must ideally provide water for wet drilling.
The mines department has said that it will provide workers masks at a cost of Rs50 lakh - SHRC says use of personal protective equipment is not an effective preventive measure, and this might prove a waste of money.
SHRC recommended that the state pollution control board check sites for dust and pollution control measures. It has also insisted that those conducting these investigations be properly trained, given the technical nature of the issue. It has also drawn attention to the "drastic drop in number of FIRs registered against those engaged in illegal mining".
The need for medical equipment of proper standards to make timely diagnosis of silicosis was also underlined. While the state claimed that medical college doctors were trained to diagnose silicosis, SHRC said, "Not even a single doctor either in a medical college or in the district is trained in the use of ILO classification of radiographs of pneumoconiosis for detection of silicosis".
SHRC has also recommended that a specialized institution be set up to deal with silicosis and occupational health issues. "There is very little understanding of occupational health issues among officials," SHRC notes.
The human rights commission noted the need for a thorough study of the problem. Given the complexity of the matter, more than one organization could be engaged to cover different aspects.
Dr MK Devarajan of the state human rights commission placed on record his appreciation for the relief granted to patients and victims of the disease. Rajasthan, he said, has proven a pioneer in the country in providing relief. "However, implementation of some of the good decisions has been slow, and an effective mechanism to monitor and expedite implementation needs to be put in place," he said.
The next hearing of the matter will be on August 3.