Supreme Court Directs NGT To Oversee Impact Of Silicosis-Prone Industries & Factories Across India

The Supreme Court directed the National Green Tribunal (NGT) to oversee the impact of silicosis-prone industries and factories across India.

The Court was dealing with a writ petition filed by Peoples Rights and Social Research Centre, a Delhi-based non-governmental organization, seeking intervention of the Court in addressing the grave issue of ‘Silicosis’ among workers in various industries across the country.

The two-Judge Bench of Justice Vikram Nath and Justice Prasanna B. Varale ordered, “The NGT, established under the National Green Tribunal Act in 2010, is tasked with the expeditious disposal of cases related to environmental protection and the speedy implementation of decisions. Given that this writ petition was filed in 2006, prior to the establishment of the NGT, these matters could not have been presented before the Tribunal initially. However, we now direct the NGT to oversee the impact of silicosis-prone industries and factories across India and ensure that the CPCB and the respective SPCBs comply with the earlier directions of this Court. Furthermore, we direct the NGT to undertake any additional necessary steps to prevent the spread of silicosis by such industries and factories.”

The Bench noted that the environmental aspect of the matter pertains to ensuring that industries abide by certain minimal standards to prevent silicosis among their workers and in the event of non-compliance, these industries should face closure. It, therefore, said that NGT is the appropriate authority to oversee this aspect of the matter.

AOR Prashant Bhushan appeared for the petitioners.

In this case, the petitioner organization, registered under the Societies Registration Act since 1999, was actively involved in occupational health work, specifically concerning stone crusher workers, stone quarry workers, and construction workers. Silicosis is an incurable occupational lung disease caused by prolonged inhalation of silica dust and it has been rampant throughout India due to inadequate detection, monitoring, and remedial measures. It predominantly affects workers engaged in industries such as mining, construction, stone cutting, and sandblasting, where they are exposed to high levels of silica dust. Over time, the inhaled silica particles cause inflammation and scarring of the lung tissue, leading to reduced lung function and severe respiratory distress.

The petitioner underscored the urgent need for systemic reforms to address the detection, prevention, and treatment of silicosis to protect the health and rights of workers across the country. It was contended that the pervasive and unchecked prevalence of silicosis among workers in various industries constitutes a violation of the workers’ fundamental rights under the Constitution. The petitioner argued that the State's failure to protect workers from hazardous conditions and provide adequate medical care, compensation, and rehabilitation is a direct infringement of the constitutional mandates. The petitioner urged the Court to direct the constitution of a high-level committee to comprehensively address the detection and management of silicosis and other occupational diseases among workers, particularly in the unorganized sector.

The Apex Court after hearing the contentions of the counsel observed, “Having perused the various reports submitted by the respective State Committees, the NHRC, the CPCB, and the DGMS, the instant writ petition raises two primary aspects for consideration. For both these aspects, there are statutory bodies duly constituted. They would be in a better position to monitor and oversee that the mandate of law and the earlier directions issued by this Court are not only duly implemented but further necessary steps are also undertaken.”

In view of the aspect concerning adequate compensation to the affected workers or their next of kins, the Court directed the National Human Rights Commission (NHRC) to oversee the compensation process across the respective States.

The Court further directed the Employees’ State Insurance Corporation (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.

“We further direct the Registry of this Court to ensure that all the relevant reports and affidavits pertaining to this matter, as 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. Petitioners would also be at liberty to approach the NGT and NHRC and extend all cooperation in implementation of the directions”, it also ordered.

Accordingly, the Supreme Court disposed of the writ petition.

Cause Title- Peoples Rights and Social Research Centre (Prasar) & Ors. v. Union of India & Ors. (Neutral Citation: 2024 INSC 582)

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