Case Note & Summary
The Supreme Court was seized of a public interest litigation under Article 32 of the Constitution filed by Consumer Education & Research Centre and others against Union of India and others concerning occupational health hazards faced by workers in asbestos industries. The petitioner, an accredited organization, highlighted lacunae in diverse provisions of law applicable to the asbestos industry and sought remedial measures for protection of workers' health, particularly against the disease asbestosis. The writ petition was filed in 1986, and over time, certain gaps were bridged through subordinate legislation following orders of the Court. The Central Government accepted the Biswas Committee report and framed model Rule 123A under the Factories Act, 1948, on the basis of which relevant laws and rules were amended and brought into force. The record indicated that Karnataka, Andhra Pradesh and Rajasthan had about thirty mines employing about 1,061 workmen, and about seventy-four asbestos industries operated in nine States with about 11,000 workmen as of August 1986. The petitioner sought directions for compulsory maintenance of health records for forty years from beginning of employment or ten years after cessation whichever later; adoption of membrane filter test; compulsory insurance for employees not covered under ESI Act and Workmen Compensation Act; appointment of a committee to determine permissible exposure limit values and reduce them to 2 fibre/cc for chrysotile, 0.5 fibre/cc for amosite and 0.2 fibre/cc for crocidolite; extension of Factories Act to small-scale sectors; re-examination of asbestosis patients by National Institute of Occupational Health instead of ESI hospitals; and appointment of a committee to recommend replacement of dry process by wet process. The Court examined the Asbestos Convention, 1986 (ILO Convention No. 162), adopted on 24 June 1986, to which India is a signatory and which came into force on 16 June 1989. The Convention defines asbestos, asbestos dust, respirable asbestos fibre, workers, and workplace. Articles 5(2), 8, 9, 15, 16, 20 and 21 impose obligations on member States and employers to prevent or control exposure, prescribe engineering controls and work practices, fix and periodically review exposure limits, provide respiratory protective equipment, and ensure surveillance of working environment and workers' health. The employer is made responsible for establishment and implementation of practical measures for prevention and control of exposure. The Convention requires measurement of airborne asbestos dust, monitoring of exposure, maintenance of records, access to records, and right of workers to request monitoring. Workers who have been exposed to asbestos must be provided with medical examinations free of charge, and informed of results; a system of notification of occupational diseases is to be developed. The Court also referred to the International Labour Office, Geneva, safety rules, which prescribe membrane filter method for measuring airborne asbestos fibre concentrations and emphasize periodical review of exposure limits. The extracted portion of the judgment records the Court's analysis of these international standards and domestic legal gaps, but does not include the final operative directions. The Court recognized that occupational accidents and diseases remain an appalling human tragedy and economic waste, and that the matter concerned the silent killer disease asbestosis. It noted that while wide gaps had been bridged by subordinate legislation, lot more needed to be done for the protection of health of workers in mines and asbestos industries.
Headnote
A) Constitutional Law - Public Interest Litigation - Article 32 of Constitution of India, 1950 - Writ petition filed by accredited consumer organization to enforce health rights of workers in asbestos industries - Court noted occupational accidents and diseases as appalling tragedy, and highlighted need to bridge legislative gaps through judicial directions - Held that matter concerns protection of health of workers against asbestosis (Paras 1-2). B) Labour Law - Occupational Health and Safety - Factories Act, 1948, Rule 123A - Central Government accepted Biswas Committee report and framed model Rule 123A, on which state laws and rules were amended - Held that wide gaps have been bridged by subordinate legislation but more remedial measures are needed for health protection of workers (Paras 2). C) International Law - Asbestos Convention, 1986 (ILO Convention No. 162) - Binding Effect and Implementation - India signatory; Convention came into force June 16, 1989; Articles 5(2), 8, 9, 15, 16, 20, 21 cast obligations on employers and states for prevention, exposure limits, monitoring, health surveillance - Court examined these provisions to assess compliance and frame directions (Paras 3-6). D) Labour Law - Exposure Limits - Article 15 of Asbestos Convention, 1986 and ILO Safety Rules Chapter 3 - Permissible exposure limits must be fixed, periodically reviewed, and updated in light of technological progress; employer must prevent or control release of asbestos dust and reduce exposure to as low as reasonably practicable - Petitioner sought specific values of 2 fibre/cc for chrysotile, 0.5 fibre/cc for amosite, 0.2 fibre/cc for crocidolite (Paras 4, 8). E) Labour Law - Health Records and Monitoring - Article 20(2) of Asbestos Convention, 1986 - Employer must measure airborne asbestos dust, monitor exposure, and keep records for period prescribed by competent authority; workers and representatives have access - Petitioner sought compulsory health records preservation for 40 years from beginning of employment or 10 years after cessation, whichever later (Paras 5, 1). F) Labour Law - Medical Examination and Right to Information - Article 21 of Asbestos Convention, 1986 - Workers exposed to asbestos shall be provided medical examinations free of charge and informed of results; competent authority to develop notification system - Petitioner sought re-examination by National Institute of Occupational Health, not ESI hospitals, and compensation (Paras 5, 1). G) Labour Law - Preventive Measures - Articles 16-19 of Asbestos Convention, 1986 - Employer responsible for prevention and control of exposure, protective clothing, waste disposal - Court noted need for protective equipment and work practices (Paras 5).
Issue of Consideration
Whether directions should be issued to protect health of workers in asbestos industries, including health records preservation, membrane filter test, insurance, exposure limits, extension of Factories Act, re-examination by NIOH, and committee for wet process; whether existing laws comply with Asbestos Convention 1986.
Final Decision
Not mentioned in extracted text; the Court proceeded to examine the Asbestos Convention, 1986 and ILO safety rules, but final operative directions are not included in the provided text.
Law Points
- Right to health under Article 32
- occupational safety obligations under Factories Act
- binding nature of ILO Asbestos Convention 1986
- need for health records preservation
- permissible exposure limits
- medical examination rights
- prevention and control of asbestos exposure
