Gujarat HC orders ₹3 lakh relief, rehab policy for silicosis victims’ families

Hearing a public interest litigation (PIL) filed by the widows of workers who died due to silicosis seeking increment in government compensation as per the Supreme Court verdict, the Gujarat High Court today held that the widows or the families of workers who died due to silicosis are entitled to compensation of ₹3 lakh as per the relevant verdict and directions of the Supreme Court.

A bench of Chief Justice Sunita Agarwal and Justice DN Ray also directed the state government to formulate a rehabilitation policy in the case of victims of such disease. It also directed the government to increase the time limit within which the widows or families of the deceased workers have to apply for the compensation.

In the PIL filed by the petitioner widows, it was submitted that the husbands of 19 petitioner women were working in the unorganized sector and died of silicosis between 2008 and 2021. 

According to the 2015 resolution of the state government, the family of the deceased gets only ₹1 lakh compensation, which is inadequate. 

Also, the application for compensation has to be made within 90 days. However, there is a time limit of two years under the Workman Compensation Act.

The Supreme Court has also made different orders between 2007 and 2017 and according to the 2017 order, the dependents of the deceased who died of silicosis disease can get a compensation of ₹3 lakh.

The applicants had filed a claim in this regard before the concerned authorities but their claim was rejected as the application was not filed within the time limit.

Expressing sympathy for the patients suffering from this disease and the widows and dependents of the deceased workers, the High Court said that the sick patients and their dependents are the marginalized people of the society. 

“The time limit for their widows to apply for compensation should also be extended because, often, the widow of a worker who dies of silicosis cannot even leave the house for a long time. How can they apply within 90 days...??” asked the court.

Further, the High Court added that since Haryana, Madhya Pradesh, Rajasthan, West Bengal have special policies for silicosis patients and their families, the state government will also have to make a policy in this regard.

Silicosis is a lung disease caused by breathing in fine particles of crystalline silica — a mineral found in sand, rock, quartz, and certain building materials like concrete and brick.

Workers of the mining, quarrying, sandblasting, construction, stone cutting, ceramics manufacturing, and glass production industries are at the most risk.

In some cases, it may be prevented with proper dust control, protective masks, and ventilation measures.