State-Judiciary pact in the neoliberal times – MFC Discussion [3]

A sharp, clear speaking labour lawyer presents this case of Andhra Pradesh Mining Development Corporation (APMDC) which violated occupational health and safety laws in a quartz mine opened in 1964 in a remote location in Mehboobnagar district.

Case Status: Ongoing, Writ Petition in Andhra Pradesh High Court

Facts:  A quartz mine of APMDC operated from 1964 to 1975. 400 workers  worked in the mines during its period of operation. The location of the mine is remote. In the 1980s almost  all the former workers start dying in three villages of the district. There is a rush to various hospitals in the state by the affected families for treatment. Hospitals diagnose the conditions differently – pharyngitis  tuberculosis etc. Only one, Ramamurthy Hospital diagnosed it as silicosis- an occupational disease. The media gives these deaths extensive coverage. Subsequently AP govt steps in and sends a committee comprising of 5 doctors to the district.

An investigation by Union ministry team finds 136 workers dead and 191 workers critically ill in the year 2000. As on 2013  a writ petition is pending.

The lawyer presenting the case highlights the kind of questions being raised in this case where a compensation is being claimed by the workers’ families and state is being held responsible for the deaths:

  1. The deaths happened in the period 1984-1985. Why has the petition come so late?
  2.  The petition should have been filed under  Workers Compensation Act instead of  clogging the High Court which has a huge backlog of cases.
  3. There s no documentation of this disaster. Therefore, filing charges on APMDC has been difficult.
  4. Workers are being asked – Where is your identity? How do we know you have worked in this mine? PF card, health card… any card? How do we fix the claim on APMDC?

In all these, not a single question was directed at the State. Then there is an enquiry report from a union ministry and yet State doesn’t act or intervene in the situation. Judiciary it is said checks the action of the legislature. In all these years it has not questioned the State! There is not a single question directed against the State where its agency APMDC has shown blatant disregard for workers’ medical care, rehabilitation and  even a basic enquiry.

It is interesting how the situation is being framed.The line of critique to me appears incomplete and rather hasty –

There is some kind of a pact between the judiciary and the State. The pact is “I will not ask you and you will not question”.  This is the backbone of our liberalization.  Actually… we have no labour laws. The state has completely abdicated itself. It is this kind of silence we see in our judiciary!

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