শব্দ দূষণের বিরুদ্ধে নিরলস প্রতিবাদী গীতানাথ গঙ্গোপাধ্যায় স্মরণে
Diary Number – 149773
Name of the Complainant – NABA DUTTA. GENERAL SECRETARY
Address – NAGARIK MANCHA, 134, RAJA RAJENDRALAL MITRA ROAD, BLOCK. B, ROOM NO.7, FIRST FLOOR,CALCUTTA , WEST BENGAL
Name of the Victim – 200 LABOURERS AND 13 DEAD
Address – C/O AS ABOVE,CALCUTTA , WEST BENGAL
Place of Incident – BURDWAN , WEST BENGAL
Date of Incident – Not Mentioned
Direction issued by the Commission – Shri Samit Kumar Carr, Secretary General, Occupational Safety and Health Association of Jharkhand, on 23.7.2014, has drawn attention of the Commission about the death of workers suffering from Silicosis in West Bengal. According to him, 189 workers have gone to work in Asansol, Burdwan. Out of 189 workers, 12 workers had died because of occupational lung disease. He has enclosed the death certificate of Saifuddin Molla, Nasir Molla, Abul Paik, Mujaffar Molla and Babusona. In another case, Naba Dutta from Nagarik Manch, Kolkata, on 28.7.2015, has informed the Commission that in Sundarbans, South 24 Parganas, District West Bengal, large number of workers had migrated to Burdwan District to work in different mines and stone crushing factories during the period between 2010 to 2013 and after working in three stone crushing units 1) M/s. Laxmi Stone factory, Raniganj, Burdwan, 2) M/s. Tarama Minerals Factory, Humrobhata, District Burdwan and 3) M/s. Bal Krishna Factory, P.S. Kulti, District Burdwan, they contracted Silicosis. Out of these workers 13 workers had died and many are counting their days. It was requested that the Silicosis affected workers be given proper treatment and those who died of Silicosis, the next of kin be awarded compensation and rehabilitation. The Commission took cognizance of both the cases and transmitted a copy to the concerned authority calling for an action taken report within four weeks. Pursuant to the directions of the Commission Joint Secretary Government of West Bengal Labour Department Kolkata vide communication dated 11.8.2015 had informed the Commission that out of 13 persons 8 workers had died due to exposure in silica dust for varying period of time (2 to 5 years). All the death cases as prescribed above were certified from different medical colleges therefore such circumstantial evidence may be accepted. From the list submitted by the Joint Secretary, Labour Department, Government of West Bengal, it is clear that late Babusona @ Manirul Molla, late Mujaffar Molla, late Bhiswa @ Visho Mondal, late Abul Paik, and late Biswajit Mondal had died due to Silica dust exposure and severe breathing trouble due to Silicosis as declared by SSKM Hospital, CNMC Hospital, CMC, Vellore Hospital, Tamil Nadu. Concentration of such dust in working environment and the total exposure period are the two most important determining factors in causation of the disease of Silicosis, which is another form of pneumoconiosis. As regards three persons, late Hossain Molla, Azgar Ali Molla and Alamin Molla, they had died due to Silica dust exposure, and severe breathing trouble. However, their X-ray plates are yet to be examined. All the three had died at home. It is also reported that Hasanur Molla and Nur Hossain Molla, had worked in Silica dust environment and were having severe breathing trouble, they were undergoing treatment. Their X-ray plates are yet to be examined. Thus, from the perusal of the report submitted by the Joint Secretary, it is clear that the enlisted 13 workers were working in Laxmi Stone Factory, Tarama Minerals and Balkrishna Factory but from the examination of the papers submitted by factory owners, it is revealed that their names were not mentioned in the employment register of the above units. From the perusal of the above report, it is clear that the above mentioned five workers, who had died due to the carelessness of the enforcement agencies of the State of West Bengal, who had not ensured that the factory management provides necessary equipments for the protection of the workers from silica dust. If the enforcement agencies of the State of West Bengal had been cautious and ensured that the safety equipments were provided to the workers by the factory management, the lives of the workers, who died of Silicosis, could have been saved. Consequently, the report indicates that the State of West Bengal had failed to protect the lives of five Silicosis affected workers. Thus, it is prima-facie a case of violation of human rights of the victims and the next of kin of the deceased are entitled for monetary compensation. Accordingly, it is directed that a notice be issued to the Chief Secretary, Government of West Bengal, calling upon him to show-cause as to why the next of kin of the five deceased victims late Babusona @ Manirul Molla, late Mujaffar Molla, late Bhiswa @ Visho Mondal, late Abul Paik, and late Biswajit Mondal be not recommended monetary compensation of Rupees Four Lakhs (Rs.4.00 lakhs) u/s.18(a)(i) of the Protection of Human Rights Act, 1993, to be paid by the Government of West Bengal. Out of Rupees Four lakhs (Rs.4.00 lakhs), Rupees Two Lakhs (Rs.2.00 lakhs) is proposed to be given to the next of kin of the deceased in cash and rest of the amount of Rupees Two lakhs (Rs.2.00 lakhs) be kept in their Fixed Deposit Account, which will be available to the next of kin of the deceased in the shape of monthly interest. Response be submitted within six weeks. Joint Secretary, Labour Department, Government of West Bengal be also asked to submit report about Late Hossain Molla, Late Azgar Ali and Late Alamin Molla, after examination of the X-ray plates, as to whether they had been suffering from Silicosis or not. According to the Joint Secretary, Labour Department, Government of West Bengal, Hasanur Molla and Nur Hossain were working in Silica dust exposure, their X-ray examination was conducted and were undergoing treatment. Joint Secretary, Labour Department, Government of West Bengal should inform the Commission as to whether they are suffering from Silicosis or not and submit about the treatment provided to the victims, Hasanur Molla and Nur Hossain. Response be submitted within six weeks. Copy of these proceedings be also sent to the complainant Nabha Dutta for information and comments, if any, which should be received in the Commission within six weeks.
Action Taken – Additional Information Called for (Dated 6/6/2016 )
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