Supreme Court’s Directions to NGT and NHRC to oversee the impact of Scoliosis prone industries and compensation process

Introduction

In a recent petition filed by People’s Rights and Social Research Centre which is a Delhi – based NGO seeking intervention with respect to the serious issue of “scoliosis” among various blue – collar workers working in industries across the country, a division bench of the Hon’ble Supreme Court consisting of Justice Vikram Nath and Prasanna B. Varale gave directions to the National Green Tribunal (NGT) to supervise and oversee the impact of those industries and factories across India which are prone to scoliosis and ensure that both the Central and State Pollution Control Boards are in thorough compliance with the previous directions of the court. Along with these directions, the National Human Rights Commission (NHRC) was also directed to oversee and supervise the process of compensation in such matters across states.

Brief Background of the Case

The petitioners in the present case i.e., People’s Rights and Social Research Centre is an NGO which has been working actively in occupational health matters, specifically concerning stone crushing industries, stone quarry labourers and construction workers. A petition was filed in the year 2006 by the organization to bring out the urgent need for a series of reforms in order to address the detection, prevention and treatment of scoliosis and enable the protection of life, health and rights of the workers across the country.

The petitioners brought to the knowledge of the court that being an incurable occupational disease, scoliosis is caused due to prolonged inhalation of silica dust particles which have been rampant across India due to lack of detection, remedial measures and proper monitoring. Due to these factors, the workers engaged in the mining, construction, stone cutting, sand – blasting and other allied industries have been exposed to severely high level of silica dust. Through the course of time, these inhaled silica dust particles lead to inflammation and damage to the lung tissues which further decreases the lung inhalation capacity and severe respiratory diseases. Due to lack go safety measures and equipment along with low level of awareness pertaining to this issue, a significant number of workers have been impacted by this disease.

It was further contended on behalf of the petitioner that the unfettered and unchecked level of scoliosis among the workers in various industries amounts to a violation of the fundamental rights of the workers under Article 21 of the Constitution. Additionally, Article 39(e) and 42 of the Constitution which come under the Directive Principles mandate the state to ensure that the health and safety of the workers is not compromised and abused and that they are not forced to work in workplaces which might lead to the risk of diseases or infirmity due to mere economic factors. Lastly, while seeking directions to address the grave nature of this situation, it was also contended that Article 43 of the Constitution directs the state to ensure a living wage along with fair conditions of work that ensure a decent standard of living and cultural and social responsibility.

Court’s Analysis and Directions

While analysing the case put forward by the Petitioner including the evidences, reports submitted by NHRC and NG and case trajectory since 2006 when the case was filed, the court noted that there are two vital points that arise from this petition which pertain to environmental pollution and adequate compensation to those workers who are suffering from such diseases.

In reference to the aspect of environmental pollution, the court has referred to the National Green Tribunal and noted that the NGT is the competent authority to oversee such environmental concerns. Established under the National Green Tribunal Act 2010, this body has the task of handling and disposing the matters pertaining to environmental pollution and implementing its decisions. Secondly, for the matters pertaining to compensation for the affected workers or their legal heirs, the court has also directed the National Human Rights Commission to oversee that the compensation is adequately and fairly granted. Along with that, the court has also noted the responsibility of the ESICs and Chief Secretaries of the respective states to ensure that there is due adherence to the directions of the NHRC along with preventing delays in the process of compensation distribution.

Conclusion

The present judgment of the court is one of the prime examples of how Article 21 of the Indian Constitution which guarantees right to life to its citizens is upheld and the broader interpretation to the term “right to life” has been given. In series of other judgments such as MC Mehta V. Union of India (1986), [1] Vellore Citizens Welfare Forum V. Union of India (1996) [2], Narmada Bachao Andolan V. Union of India (1997) [3], the courts have already taken a pro – active approach for conserving the environment and ensuring that those who are affected by the pollution or environmental damage receive due compensation and adequate restoration without hampering their right to life.

In a similar manner, the present case has upheld the rights of workers suffering from serious medical conditions due to the nature of their work. It ensures they receive fair and just treatment, including protective gear, compensation, and safe working conditions that do not compromise their health and lives. As a guardian of individual rights in the country, the Supreme Court has also emphasized that it is the state’s responsibility to ensure that citizens’ rights are not compromised due to employers’ failure to provide adequate safety and care for their employees’ health.

[1] https://indiankanoon.org/doc/1486949/

[2] https://main.sci.gov.in/jonew/judis/15202.pdf

[3] https://main.sci.gov.in/jonew/judis/17165.pdf

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