Illustration of a Stone Crusher Site: Workers operate machinery amidst dust and gravel, capturing the rugged, industrious atmosphere of a typical stone-crushing environment.
The Human Cost of Negligence: The Sai Stone Crusher Case and Persistent Labor Law Violations
#JusticeForLaborers #HumanRights #LaborSafety
In a tragic incident at the Sai Stone Crusher in Swar, Kashipur, a young laborer lost his life after being buried under sand. This fatality highlights not just an accident but systemic neglect of labor rights and safety standards that have put numerous lives at risk.
According to reports submitted to the National Human Rights Commission (NHRC), the victim—a college student and sole breadwinner of his family—was compelled to work in hazardous conditions, where basic safety protocols were flagrantly ignored. Shockingly, no safety equipment was provided to the workers, and there was a complete lack of documentation regarding wages, attendance, and employment records, violating labor laws.
A Pattern of Neglect and Delay
Following the fatal accident, compensation of Rs. 11,00,000 was given to the victim’s next of kin. However, this monetary relief cannot obscure the deeper issue: the failure of the authorities, particularly the Labor Department, to enforce labor regulations. NHRC records show that despite repeated directions, the Labor Department’s responses were either delayed or missing altogether. This negligence allowed Sai Stone Crusher to operate without accountability, potentially paving the way for further tragedies.
The Role of NHRC and Public Accountability
The NHRC has now called for an Action Taken Report (ATR) from the Uttar Pradesh government, emphasizing the role of the Labor Department in ensuring workers' rights and safety. Failure to comply with this directive will result in a show-cause notice under Section 18 of the Protection of Human Rights Act, 1993. This case underscores the critical role of regulatory bodies in labor-intensive industries, particularly those with high-risk factors like stone crushers.
Analysis: The Road to Justice for Laborers
The Sai Stone Crusher incident exemplifies broader issues facing laborers across India, where weak regulatory oversight and lax enforcement leave vulnerable workers at risk. This tragic death should prompt reforms in labor law enforcement and regular inspections, particularly in hazardous sectors. The NHRC's intervention marks a crucial step, but it requires sustained pressure from civil society and a proactive stance by authorities to prevent further loss of life.
The fight for justice for the victim and protection for other workers continues, with a pressing need for transparency, accountability, and respect for human rights in the workplace.
This tragedy is a call to action. Let us demand stricter regulations and enforcement to protect the rights of laborers who risk their lives daily. #JusticeForLaborers #HumanRights #LaborSafety
From: <nhrc.india@nic.in>
Date: Thu, Nov 7, 2024 at 1:06 AM
Subject: Action Taken Report Called for(ATR) -59/35/7/2024
| Case No.- 59/35/7/2024 |
| NATIONAL HUMAN RIGHTS COMMISSION |
| (LAW DIVISION) |
| * * * |
| MANAV ADHIKAR BHAWAN, BLOCK-C, |
| G.P.O. COMPLEX, INA, NEW DELHI- 110023 |
| Fax No.: 011-24651332 Website: www.nhrc.nic.in |
| |
| Sub : Complaint/Intimation from |
|
LENIN RAGHUVNASHI
SA4/2A DAULATPUR VARANASI
VARANASI , UTTAR PRADESH
221001
Email- pvchr.adv@gmail.com , Mob No- 9935599331
|
| Subject: Action Taken Report Called for(ATR) -59/35/7/2024. |
| |
| Sir/Madam, |
| |
| The complaint/intimation dated 05/02/2024, was placed before the Commission on 07/11/2024. Upon
perusing the same, the Commission directed as follows: |
| |
| The complainant, an HRD, brought
to the notice of the Commission, a news report that a labourer died on
being buried under sand at the Sai Stone Crusher in the Swar area,
Kashipur, Uttarakhand. Police misbehaved with his family on their
arrival at the incident place. The victim, a college student, was
working as a labourer to support his impoverished family. He worked in
hazardous working conditions and without safety measures in stone
crushers. It was also alleged that several workers had lost their lives
over the years.
Pursuant to the directions of the Commission, a
report dated 10.05.2024 from the office of the DGP, UP, was received,
along with other reports. As per report, a compromise has been made
between the parties in which compensation of Rs. 11,00,000/- has been
provided to the NOK of the deceased victim by the owner of Sai Stone
Crusher. The proof of payment is also attached with the report. During
spot inspection, it was found that the workers working there did not
have any kind of safety equipments in the stone crusher. The Stone
Crusher owner also failed to produce registers related to wage details,
number, attendance, salary etc. of the workers. As such, it is clear
that labour laws are being violated by Sri Sai Stone Crusher.
Following
issuance of conditional summon dated 11.09.2024, the Labour
Commissioner, Uttar Pradesh, submitted report dated 15.10.2024 wherein
it was maintained that partner of Sai Stone Crusher appeared before the
ALO, Rampur and appraised that a compromise has been made between the
parties in which compensation of Rs. 11,00,000/- has been provided to
the NOK of the deceased victim by the owner of Sai Stone Crusher.
The
Commission has considered the material placed on record. The Labour
Commissioner, Uttar Pradesh, submitted the facts which had already been
submitted by the Rampur Police that compensation of Rs. 11,00,000/- has
been provided to the NOK of the deceased victim by the owner of Sai
Stone Crusher. However, report is completely silent on violation of
labour laws as mentioned in report dated 10.05.2024 of office of the
DGP, Police Hqr, Uttar Pradesh.
It is an admitted fact that the victim died during course of employment and cause of death is “due to shock and haemorrhage as result of ante mortem injuries.” The Circle Officer Swar, Rampur, in his report, has categorically mentioned that “Stone Crusher owner also failed to produce registers related to wage details, number, attendance, salary etc. of the workers.” The
Superintendent of Police, Rampur vide communication dated 13.08.2024
reiterated that during spot inspection, it was found that the workers
working there did not have any kind of safety equipment in the stone
crusher. The Stone Crusher owner also failed to produce registers
related to wage details, number, attendance, salary etc. of the workers.
In this regard, Asst. Labour Commissioner, Rampur was also contacted;
however, the police did not receive any response. Communications dated
26.06.2024 and 31.07.2024 were sent to the Asst. Labour Commissioner but
still no response.
Enforcement of Labour Laws and Rules and
Regulations framed thereunder is the primary responsibility of the
inspectors/labour officials of the Labour Commissionerate and in the
provision of information and advice to employers and workers on
applicable labour legislation, as well as securing its enforcement.
Still, the Labour Dept. instead of taking action as per procedure
established by law, chose to remain silent. It is apparent that there
has been negligence on the part of accused stone crusher establishment
but also on the part of concerned labour officials by not inspecting the
accused stone crusher establishment, therefore, probably inviting
another mishappening in future.
In such circumstances, the
Commission has no other option left but to call action taken report
(pertains to Labour Dept.) from the Chief Secretary, Govt. of Uttar
Pradesh, within four weeks falling it shall be presumed that Govt. of
Uttar Pradesh has nothing to urge in the matter and the Commission shall
proceed issuance of show cause notice u/s 18 of Protection of Human
Rights Act, 1993.
A copy of report dated 13.08.2024 of SP, Rampur
and proceeding dated 16.07.2024/11.09.2024 be sent alongwith to the
concerned authorities for their ready reference.
|
| |
| 2. Accordingly, I am forwarding herewith a
copy of the complaint/intimation as an attachment for taking
appropriate action in the matter as per the directions of the
Commission. It is requested that an Action Taken Report be sent to the
Commission within 4 weeks from the date of receipt of this letter.
|
| |
| 3. Any communication by public authorities in this matter may please be sent to the Commission through the HRCNet Portal (https://hrcnet.nic.in)
by using id and password already provided to the public authorities
(click Authority Login). Any Audio/ Video CDs/ pen drives etc. may be
sent through Speed Post/ per bearer. The reports/ responses sent through
email may not be entertained. |
Your’s faithfully
Sd/-
Brijvir Singh
ASSISTANT REGISTRAR (LAW)
M-6 Section
Ph. No. 011-24663368
|
| CC to |
| |
Complainant Details
Case No. 59/35/7/2024
LENIN RAGHUVNASHI
SA4/2A DAULATPUR VARANASI
VARANASI , UTTAR PRADESH
221001
Email- pvchr.adv@gmail.com , Mob No- 9935599331
Brijvir Singh
ASSISTANT REGISTRAR (LAW)
M-6 Section
Ph. No. 011-24663368
|
**********************************Previous Proceeding(s)*****************************************************
Case No.: 59/35/7/2024
Action Name: Conditional Summon(SMC)
Action Date: 11/09/2024
Action Due Date: 28/10/2024
The
complainant, an HRD, brought to the notice of the Commission, a news
report that a labourer died on being buried under sand at the Sai Stone
Crusher in the Swar area, Kashipur, Uttarakhand. Police misbehaved with
his family on their arrival at the incident place. The victim, a college
student, was working as a labourer to support his impoverished family.
He worked in hazardous working conditions and without safety measures in
stone crushers. It was also alleged that several workers had lost their
lives over the years.
Pursuant to the directions of the
Commission, a report dated 10.05.2024 from the office of the DGP, UP,
was received, along with other reports. As per report, a compromise has
been made between the parties in which compensation of Rs. 11,00,000/-
has been provided to the NOK of the deceased victim by the owner of Sai
Stone Crusher. The proof of payment is also attached with the report.
During spot inspection, it was found that the workers working there did
not have any kind of safety equipments in the stone crusher. The Stone
Crusher owner also failed to produce registers related to wage details,
number, attendance, salary etc. of the workers. As such, it is clear
that labour laws are being violated by Sri Sai Stone Crusher.
The Commission vide proceeding dated 31.05.2024 directed as under:
“The
Commission has perused the report. From perusal of report, it
transpires that the Police report is silent on the point of action taken
by the Police u/s 174 CrPC. Is any case has been registered against the
owners of the Stone Crusher by the Police or the alleged negligence in
death of the deceased. The Police report also pointed out regarding the
violation of labour laws during the spot inspection.
However, the report called from the Labour Commissioner, Uttar Pradesh has not been received till date.
The
Commission directs the Labour Commissioner, Uttar Pradesh, and the SSP,
Rampur, Uttar Pradesh, to submit report in light of above observations
made in Para 7 of the proceeding, within four weeks.”
The Commission vide proceeding dated 16.07.2024 directed as under:
“…The
Commission has not received the action taken report from the Labour
Commissioner, Uttar Pradesh, despite direction dated 10.04.2024 followed
by reminder dated 31.05.2024. In view thereof, let direction be issued
again to the Labour Commissioner, Uttar Pradesh, to submit action taken
report, within four weeks falling which the Commission shall be
constrained to invoke Section 13 of Protection of Human Rights Act,
1993, against the Labour Commissioner, Uttar Pradesh, regarding
personal appearance before the Commission.”
The
Superintendent of Police, Rampur vide communication dated 13.08.2024
submitted that enquiry u/s 174 CrPC has been concluded and no offence
was found to be committed. However, during spot inspection, it was found
that the workers working there did not have any kind of safety
equipments in the stone crusher. The Stone Crusher owner also failed to
produce registers related to wage details, number, attendance, salary
etc. of the workers. As such, it was clear that labour laws were being
violated by Sri Sai Stone Crusher. In this regard, Asst. Labour
Commissioner, Rampur was contacted; however, the police did not received
any response. Communications dated 26.06.2024 and 31.07.2024 were sent
to the Asst. Labour Commissioner but still no response.
The
Commission has considered the material placed on record. The police
report revealed that Asst. Labour Commissioner, Rampur, did not response
to the communications sent by the Circle Officer, Swar, Rampur. Vide
proceeding dated 31.05.2024 followed by reminder dated 16.07.2024, the
Commission had directed to the Labour Commissioner, Uttar Pradesh, to
submit requisite report in this regard; however, the Commission has not
received any response till date. Further, the police revealed that the
Asst. Labour Commissioner, Rampur, also did not response to the
communications dated 26.06.2024 and 31.07.2024, sent by the Circle
Officer, Swar, Rampur.
It is matter of great
concerned that a worker has been died in the stone crusher and in police
enquiry, it was found that workers were not provided any kind of safety
equipments in the stone crusher. The Stone Crusher owner also failed to
produce registers related to wage details, number, attendance, salary
etc. of the workers. Still, the Labour Dept. instead of taking action as
per procedure established by law, chose to remain silent which provokes
the Commission to issue show cause notice under Section 16 of
Protection of Human Rights Act, 1993, to initiate an inquiry into the
conduct of concerned officials. At this stage the Commission is not
inclined to invoke Section 16 of PHRA; however, constrained to invoke
Section 13 of PHRA.
Therefore, the Commission directs its registry to issue
Conditional Summons u/s 13 of PHRA to the Labour Commissioner, Uttar
Pradesh, to appear before the Commission on 28.10.2024 at 11:00 AM
with requisite report as directed by the Commission vide proceeding
dated 31.05.2024 and 16.07.2024 (copies enclosed) as quoted hereinabove,
should however, if the requisite report received in the Commission one
week prior to the scheduled date then personal appearance of Labour
Commissioner, Uttar Pradesh, shall be dispended with. However, if Labour
Commissioner, Uttar Pradesh, fails to comply with the order of the
Commission without lawful excuse, they will be subject to the
consequences of non-attendance laid down in Rule 10 and Rule 12 of order
XVI of Civil Procedure Code, 1908.
********************************************************************************************************************
Case No.: 59/35/7/2024
Action Name: Additional Information Called for(AIC)
Action Date: 16/07/2024
Action Due Date: 23/08/2024
The
complainant, an HRD, brought to the notice of the Commission, a news
report that a labourer died on being buried under sand at the Sai Stone
Crusher in the Swar area, Kashipur, Uttarakhand. Police misbehaved with
his family on their arrival at the incident place. The victim, a college
student, was working as a labourer to support his impoverished family.
He worked in hazardous working conditions and without safety measures in
stone crushers. It was also alleged that several workers had lost their
lives over the years.
Pursuant to the directions of the
Commission, a report dated 10.05.2024 from the office of the DGP, UP,
was received, along with other reports. As per report, a compromise has
been made between the parties in which compensation of Rs. 11,00,000/-
has been provided to the NOK of the deceased victim by the owner of Sai
Stone Crusher. The proof of payment is also attached with the report.
During spot inspection, it was found that the workers working there did
not have any kind of safety equipments in the stone crusher. The Stone
Crusher owner also failed to produce registers related to wage details,
number, attendance, salary etc. of the workers. As such, it is clear
that labour laws are being violated by Sri Sai Stone Crusher.
The Commission vide proceeding dated 31.05.2024 directed as under:
“The
Commission has perused the report. From perusal of report, it
transpires that the Police report is silent on the point of action taken
by the Police u/s 174 CrPC. Is any case has been registered against the
owners of the Stone Crusher by the Police or the alleged negligence in
death of the deceased. The Police report also pointed out regarding the
violation of labour laws during the spot inspection.
However, the report called from the Labour Commissioner, Uttar Pradesh has not been received till date.
The
Commission directs the Labour Commissioner, Uttar Pradesh, and the SSP,
Rampur, Uttar Pradesh, to submit report in light of above observations
made in Para 7 of the proceeding, within four weeks.”
In
response, the Superintendent of Police, Rampur, vide communication dated
28.06.2024 submitted that matter is being investigated by Circle
Officer, Swar, Rampur. The statement of doctor who conducted the post
mortem examination, is yet to be recorded. It is requested the
Commission for grant of additional 15 days time to submit final enquiry
report.
The Commission has considered the material placed on
record. The submitted report, as discussed above, revealed that enquiry
is under process and extension of 15 days time is sought to be granted.
In view of request made by the SP, Rampur, two weeks time is granted to conclude the enquiry. Accordingly, the Superintendent of Police, Rampur, is directed to submit final enquiry report within four weeks.
Further,
the report dated 10.05.2024 submitted by the DGP, Uttar Pradesh
revealed that during spot inspection, it was found that the workers
working there did not have any kind of safety equipments in the stone
crusher. The Stone Crusher owner also failed to produce registers
related to wage details, number, attendance, salary etc. of the workers.
As such, it was clear that labour laws were being violated by Sri Sai
Stone Crusher. The Commission has not received the action taken report
from the Labour Commissioner, Uttar Pradesh, despite direction dated
10.04.2024 followed by reminder dated 31.05.2024. In view thereof, let
direction be issued again to the Labour Commissioner, Uttar Pradesh, to
submit action taken report, within four weeks falling which the
Commission shall be constrained to invoke Section 13 of Protection of
Human Rights Act, 1993, against the Labour Commissioner, Uttar Pradesh,
regarding personal appearance before the Commission.
********************************************************************************************************************
Case No.: 59/35/7/2024
Action Name: Additional Information Called for(AIC)
Action Date: 31/05/2024
Action Due Date: 08/07/2024
1. These proceedings shall be read in continuation of earlier proceedings of the Commission.
2.
The complainant, an HRD, brought to the notice of the Commission, a
news report that a labourer died on being buried under sand at the Sai
Stone Crusher in the Swar area, Kashipur, Uttarakhand. Police misbehaved
with his family on their arrival at the incident place. The victim, a
college student, was working as a labourer to support his impoverished
family. He worked in hazardous working conditions and without safety
measures in stone crushers. It was also alleged that several workers had
lost their lives over the years.
3. The Commission took
cognizance in the matter on 14.02.2024 and issued notice to the Labour
Commissioner, Uttarakhand, Nainital, and the SSP, Nainital, Uttrakhand,
calling upon them to submit an Action Taken Report within 4 weeks.
4.
In response, a report dated 16.03.2024 from the office of the DGP,
Uttarakhand, was received, stating therein that present matter pertains
to PS Swar, District Rampur, Uttar Pradesh. Therefore, it would be
appropriate to get the matter investigated from District Rampur, Uttar
Pradesh.
5. Therefore the Commission vide proceedings dated
10.04.2024 transmitted the complaint to the Labour Commissioner, Uttar
Pradesh, and the SSP, Rampur, Uttar Pradesh, with directions to get the
allegations made in the complaint looked into and to submit an action
taken report within four weeks for perusal of the Commission.
6.
Pursuant to the directions of the Commission, a report dated 10.05.2024
from the office of the DGP, UP, was received, along with other reports.
As per report, a compromise has been made between the parties in which
compensation of Rs. 11,00,000/- has been provided to the NOK of the
deceased victim by the owner of Sai Stone Crusher. The proof of payment
is also attached with the report. During spot inspection, it was found
that the workers working there did not have any kind of safety
equipments in the stone crusher. The Stone Crusher owner also failed to
produce registers related to wage details, number, attendance, salary
etc. of the workers. As such, it is clear that labour laws are being
violated by Sri Sai Stone Crusher.
7. The Commission has perused
the report. From perusal of report, it transpires that the Police
report is silent on the point of action taken by the Police u/s 174
CrPC. Is any case has been registered against the owners of the Stone
Crusher by the Police or the alleged negligence in death of the
deceased. The Police report also pointed out regarding the violation of
labour laws during the spot inspection.
8. However, the report called from the Labour Commissioner, Uttar Pradesh has not been received till date.
9.
The Commission directs the Labour Commissioner, Uttar Pradesh, and the
SSP, Rampur, Uttar Pradesh, to submit report in light of above
observations made in Para 7 of the proceeding, within four weeks.
Illustration of a Stone Crusher Site: Workers operate machinery amidst dust and gravel, capturing the rugged, industrious atmosphere of a typical stone-crushing environment.
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