Failing to implement its order, Gujarat govt may "withdraw" GR to pay compensation to silicosis victims

An agate worker

By Rajiv Shah

After failing to implement its own government resolution (GR) on paying Rs 1 lakh as compensation to those who die because of silicosis, a deadly lungs disease which is common among agate polishing units in Khambhat town and taluka of Gujarat, the Gujarat government is now planning a new one to "amend" its error, which allowed insurance companies to cover only those under group insurance scheme who die in an accident. While nobody in the government has any idea of what this new GR would be and whether it would be able remove the "technical hitch" which supposedly is the chief reason why the year-old GR could not be put into action, voluntary organisations working with the silicosis victims believe, the year was "lost" because of official indifference.

Jagdish Patel of the People's Training and Research Centre (PTRC), Vadadara, which campaigns for the cause of agate workers as well as those who suffer from other occupational health diseases, says, "The initial happiness over the possibility that the agate workers would get the compensation faded very quickly. When the GR was out, we were glad that finally the government had recognised silicosis as a deadly disease whose victims must be compensated. We even represented to government officials to raise the compensation amount to Rs 3 lakh. We also wanted to ensure that the GR was implemented with effect from June 25, 2007, as promised in it. We simultaneously stressed on setting up facilities which would ensure silicosis disease doesn't grip workers."

However, Patel, whose PTRC has been campaigning for the cause of agate workers for the last two decades, regrets, soon found out that his efforts had come to a nought. "We first approached the rural labour commissioner to get the forms for compensation, as we were told that we would get it there. However, on reaching there we found out that the rural labour commissionerate may have been made in charge of the whole compensation process, but it has taken objection to it on several counts.We verified this from the labour secretary's office in Sachivalaya, Gandhinagar, but were told the matter would be resolved soon", Patel wrote in PTRC's mouthpiece "Salamati".

In the meantime, PTRC volunteers showed the GR to former labour minister veteran socialist Sanat Mehta, who on reading it said it was "bogus". Mehta gave following reasons for it: First, it was insurance based. Secondly, if there was insurance then there had to a premium, too. However, the GR made no mention of the premium, hence it was not implementable. The volunteers were also told that even if the government decided to pay the premium, the insurance company would be unwilling to pay, coming up with some explanation or the other. There had been cases when group insurance schemes were floated but nobody got any compensation. Often, huge bribe is demanded in case someone tries to apply for it.

Following the May 2012 GR, several agate workers, suffering from silicosis, died. The PTRC approached the families of the victims, and collected necessary documents in order to get the compensation. "Thereafter, we went to the labour office of Khambhat to get necessary forms to fill them up and send them for as claims for compensation. We were told that the form would be available not in Khambhat but another town, Anand. We went to Anand, and there the official told us that the GR is not clear about how to pay compensation. The official showed us al communique which allegedly clarified what he wanted to say", Patel said.

This official communique, written on July 7, 2012, had been written by member-secretary, Gujarat Rural Labour Welfare Board. Addressed to joint secretary, state labour and employment department, the communique, referring to another GR dated June 25, 2007, said that group insurance scheme for compensation against death could be paid only if there was accidental death. "Natural death as a result of a disease or suicide is not covered under it. This, we were told had been clarified from the insurance company as well, it was clarified", Patel said.

All of it prompted Patel to write a letter to the state labour secretary on January 1, 2013, which said, to quote Patel, "it is most unfortunate that the Gujarat government prepares its GRs without doing any homework. This raises questions about working of the government. There cannot be a much bigger example of this than the way the government has shown indifference towards health care of the working people. We had widely propagated your GR of May 2012, stating that compensation would be paid against silicosis death victims. It is natural that the families of those who died had some expectations. You may please tell them what they should do now."

When approached Patel about the latest position, this is what he told www.counterview.net, "I talked to the senior secretary in labour department and they told me that they are in the process of publishing a new resolution. Since the resolution in place is not implementable, not a single victim has been paid any relief amount as decided by the Gujarat government."

Comments

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam* RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.

Delhi HC rules in favour of retired Air Force officer 'overcharged' for Covid treatment

By Rosamma Thomas* In a decision of May 22, 2023, the Delhi High Court ruled in favour of petitioner Group Captain Suresh Khanna who was under treatment at CK Birla Hospital, Gurugram, between April 28 and May 5, 2021, for a period of eight days, for Covid-19 pneumonia. The petitioner had to pay Rs 3,55,286 as treatment costs, but the Ex-Servicemen Contributory Health Scheme (ECHS) only reimbursed him for Rs 1,83,748, on the basis of government-approved rates.

'Enough evidence' in Indian tradition to support legal basis for same-sex marriage

By Iyce Malhotra, Joseph Mathai, Sandeep Chachra* The ongoing hearing in the Supreme Court on same-sex marriage provides space for much-needed conversations on issues that have hitherto remained “invisible” or engaged with patriarchal locker room humour. We must recognize that people with diverse sexualities and complex gender identities have faced discrimination, stigma and decades of oppression. Their issues have mainly remained buried in dominant social discourse, and many view them with deep insecurities.

Religious divide 'kept alive' with low intensity communalism in Gujarat's cultural capital

By Rajiv Shah A fact-finding report, prepared by the Mumbai-based non-profit, Centre for Study of Society and Secularism (CSSS), has cited the Vadodara Ram Navami violence of March 30 as yet another example of how, after the BJP consolidating its hold on political power in Gujarat post-2002 riots and at the Centre in 2014, the nature of communal riots has changed, underlining, as opposed to high-intensity violence earlier, now riots have become “more sub-radar and at a smaller scale, more localized”.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

76% Odisha govt school infrastructure in dilapidated state, 'undermine' RTE norms

By Our Representative As many as 75.86% (5,421) elementary schools in Odisha do not possess a playground, depriving students of physical activity opportunities. Also, 75.68% (5,408) of schools require minor or major repairing, undermining the norms and standards stipulated in the Right to Education (RTE) Act.

Caste, impact on Ayodhya area 'halting' BJP rulers to act against Brij Bhushan Singh

By Vidya Bhushan Rawat* Finally, the #WrestlersProtest has got international attention. The United World Wrestling (UWW), condemning the treatment and detention of wrestlers and expressing its disappointment over the lack of results of the investigations against Brij Bhushan Singh, accused of sexually harassing women wrestlers, has urged the "relevant authorities to conduct a thorough and impartial investigation."

Urgency for next pandemic? But Mr Health Secretary, you're barking up wrong tree

By Dr Amitav Banerjee, MD* The Union Health Secretary, Mr Rajesh Bhushan addressing the Health Working Group of G20 India, at Hyderabad on 05 June 2023, cautioned that the next pandemic would not wait for us to make global treaties and called on countries to work together.

Why continued obsession with adding more 'water guzzling' coal, nuclear power plants?

By Shankar Sharma* The true concerns over water inefficiency in coal power plants have been known and have been highlighted many times in the past. A highly relevant study report by Prayas Energy Group had highlighted this fast looming threat to our society many years ago. But our authorities have been acting as though there can be no issue with water supply, and that additional coal power plants can be added indefinitely; even without any true relevance to climate change.

Search This Blog