To
Honorable Mr. Ashok Gehlot
Chief Minister of Rajasthan
Jaipur

Right to safe working environment and Compensation of vulnerable miners working in mines prone to Silicosis

Sir
Silicosis has been recognized as one of the most debilitating disease amongst mineworkers. Government of Rajasthan (GoR) has recognized this decades ago and a Pneumoconiosis Rules were framed for prevention of the disease and certification of miners for compensation from this occupational health hazard. Similarly, in 2002 again the problem was re-recognized by GoR in HDR (Human Development Report of Rajasthan) with a clear mention that about 40 percent of the miners working in mines are affected by this disease. If we go by rough estimates of miners working in Rajasthan, they count to be more than 3 million, of which about 600,000 work in sand stone mines. Out of these sand stone miners, an approximate number of miners affected by silicosis are more than 200,000. Only in Jodhpur around more then 100,000 miners works in sand stone mines. In 2002, the problem was re-recognised when you as our Chief Minister were guiding the whole State.

Current Situation
Even after the decades the issues seems to have not moved at all. The situation in the mines is as given below:

• The people still get affected by the disease.
• The life expectancy is as low as 45-50 years for working laborers. There are lots of villages where the miners’ population is high and this can be verified easily.
• Our and other researches have established that about 40 percent of the miners working in sand stone mining get affected by the disease.
• Dry drilling is prevalent which forces miners to inhale silica and affects the lungs
• No safety measures are observed and miners still work with primitive tools.
• Our PIL has helped in reconstitution of the Pneumoconiosis board in Jan 2004 which is the responsible body for certification of the disease.  According to the letter No. 182526, dated 1st April 2010 sent to us by Dr. N.K Jain. Chairman, Pneumoconiosis Board, the board has not been able to certify any patient since 1999. Even till 1999, only 59 patients have been examined.
• Without the Pneumoconiosis Board’s certification, Labour court is not ready to take-up cases and this is restricting the miners to get right to compensation.
• No miners has been able to get compensation through legal procedures in Rajasthan so far which is gross neglect of their basic rights.

We will be happy to elaborate on all the bullet points mentioned above. In all, we regret to say that right to safe mining and compensation for occupation diseases of miners could not been recognized.

Request for response and action on:
Your commitment to work on the issue was clear when HDR of Rajasthan in 2002 had a clear mention of the issue as daunting. In wake of the current situation and with a firm belief in your commitment for welfare of vulnerable communities in Rajasthan, we request a response on the following requests for action: 

• Implementation of ban on dry drilling: Dry drilling has been banned but is not in implementation. Some big mine-owners have wet drilling machines but even those machines are not operational. The enforcement of the law should have some strict measures and fines for violation. Otherwise, dry drilling will continue with affecting millions of miners in the mines of Rajasthan.
• Compulsory use of masks in mines: No mineworkers use masks while working. It is not implemented even during drilling which is one of the main sources of silica affecting the lungs. Compulsory use of masks in mines should be enacted for preventing the disease.
• Regular inspection in mines: The enforcement of the stipulated laws is ensured through regular visits by Labor Enforcement Officers (LEO) or mine and safety department, which are very rare. Also, the amount of fine for violation is so low that mine-owners consider to pay fine better than implementation of act. It is of paramount importance that the amount of fine is to be raised to a level where mine-owners are forced to implement the labour and mines act for the welfare of mineworkers.
• Medical check-up of miners: As per Mines Act 1952, it is the duty of the mine-owner to get medical check up done for all his/her workers every six months. It has never been observed the case in unorganized mines. It would be worthwhile to initiate a system for checking of workers working in mines to have medical check up card from the mine-owner. In case of violation of this system, mine-owners should be panelized accordingly.
• Pneumoconiosis board certification: After a Public Interest Litigation (PIL) in High Court in 2004, the Pneumoconiosis Board was reconstituted. The efforts to take affected mineworkers for certification were ceased by the board stating that they are yet to draft rules for certification of degree of disease. This has closed all doors for mineworkers to go to labour court for compensation of the disease. Also, poor mineworkers cannot travel to Jaipur every-time for this certification and there should be provision of certification in all districts, even for a single day every month. It would be of great help if Pneumoconiosis board starts certifying to any workers who wants to get examined and certified from the board.
• Certification of silicosis by private practitioners: Labour Court accepts cases for certification only if the disease is certified by the Pneumoconiosis board. In the case of any injury Labour Court accepts cases when even Registered Medical Practitioners provide a certificate of the injury. Why is the case different for certification of case with silicosis? This is a big barrier for miners who are affected by the disease. We humbly request for acceptance of certification of silicosis by private practitioners so that miners can demand for their right to compensation.   
• Submission of cases in labour court: Poor miners affected with silicosis loose their jobs and live a miserable life. Demanding for the right requires going to an advocate and spending lot of money in submission of cases. We request for a system where miners can go and get legal support free of cost for submission of cases.
• Allocation of special fund for silicosis patients and/or their family: It takes a very long time for patient miners to get any right from the court. In Most general cases these miners die before they get any compensation. This has never allowed miners to have faith in the judicial system and even government. To avoid and improve this situation, Delhi Government has allocated specific fund for welfare of silicosis patients. This money is used for different purposes including medical support, food and nutrition for them. Can GoR also consider allocation of fund for welfare of miners?
• Alternate livelihood opportunities: The families of miners affected by silicosis are forced to work in mines and spend their lives in the same deadly conditions. We have lot of livelihood programmes for livelihoods in Rajasthan. Can there be some specific opportunity for vulnerable miners and their families to raise their livelihoods through trainings and availability of credit?

We hope that you will consider our views favorably. We earnestly request you to take immediate action as requested above, in the best interest and welfare of miners in Rajasthan. Please do not hesitate to ask for any information or clarification that you may need.
Thank you for your kind attention

Yours faithfully

Deepak Malik (Secretary HEDCON)
68/253, Pratap Nagar Housing Board, Jaipur (302022)
Tel: +91-141-2792994; E-mail: hedcon2004@yahoo.com; mineworker1@yahoo.com

CC

• Chairman, Pneumoconiosis Board,

• Chairperson, , State Human Right Commission
• Commissioner  of  (Labour ) Department
• Director General, Directorate of mine safety

• Principal Secretary to Government, Labour and Employment Department
• Principal Secretary, Medical & Health and Family Welfare Department
• Principal Secretary, Mines and Petroleum Department

• Secretary General, National Human Right Commission, HRC