LexPEOPLES RIGHTS AND SOCIAL RESEARCH CENTRE (PRASAR) & ORS. versus UNION OF INDIA & ORS.
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[2024] 8 S.C.R. 99 : 2024 INSC 582 Peoples Rights and Social Research Centre (Prasar) & Ors. v. Union of India & Ors. (Writ Petition (Civil) No. 110 of 2006) 06 August 2024 [Vikram Nath* and Prasanna Bhalachandra Varale, JJ.] Issue for Consideration Matter pertains to the issue of Silicosis among workers in various industries across the country. Headnotes† 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 * Author 100 [2024] 8 S.C.R. Digital Supreme Court Reports 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] Case Law Cited Occupational Health & Safety Association Versus Union of India & Ors. [W.P.(C) No. 79 of 2005] Order dated 30.01.2008 – referred to. List of Acts Constitution of India; Societies Registration Act, 1860; Protection of Human Rights (Amendment) Act, 2006; Factories Act, 1948; Mines Act, 1952; National Green Tribunal Act, 2010. List of Keywords Issue of “Silicosis”; Industries such as mining, construction, stone cutting, and sandblasting; High levels of silica dust; Incurable occupational lung disease; Inadequate detection, monitoring, and remedial measures; Systemic reforms; State’s failure to protect workers from hazardous conditions and provide adequate medical care; Compensation; Rehabilitation; Environmental aspect; Compensation distribution process; National Green Tribunal; Central Pollution Control Board; State Pollution Control Board. Case Arising From CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No.110 of 2006 (Under Article 32 of The Constitution of India) With Transferred Case (C) No.8 of 2017 [2024] 8 S.C.R. 101 Peoples Rights and Social Research Centre (Prasar) & Ors. v. Union of India & Ors. Appearances for Parties Vikramjit Banerjee, ASG, Alok Sangwan, Sr. A.A.G., Shiv Mangal Sharma, Tapesh Kumar Singh, A.A.Gs., Colin Gonsalves, Uday Gupta, Arijit Prasad, Sr. Advs., Ms. Mugdha, Kamran Khwaja, Satya Mitra, Prashant Bhushan, Ms. Shivani Lal, Gaurav Dave, Ms. Sanam Singh, Harish Dasan, Rajiv Ranjan, Rajeev Kumar Gupta, Ms. Yogamaya M.G., Hiren Dasan, Digvijay Dam, Abhishek Kumar, Navanjay Mahapatra, Pranay Ranjan, Siddharath Sinha, Amrish Kumar, Debojit Borkakati, Raj Bahadur Yadav, Mrs. Anil Katiyar, Ms. Ruchi Kohli, Samir Ali Khan, Pranjal Sharma, Kashif Irshad Khan, Milind Kumar, Jasmeet Singh, P. V. Yogeswaran, Ms. Neha Rathi, Kamal Kishore, Ms. Kajal Giri, B. Balaji, Ms. Mukti Chaudhry, Mahfooz Ahsan Nazki, Chanchal
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