Taking a serious view of frequent fire accidents in fireworks units in the Virudhunagar district, Madurai Bench of the Madras High Court has asked the state to develop a structured rehabilitation framework for families, including educational support for children, widow’s pension and housing security.
Justice B. Pugalendhi noted that the repeated pattern of accidents – 131 deaths and 146 serious injuries between 2019 and 2023 in the region – indicated only the chronic absence of the inspection, enforcement and responsibility. The regulators, although they have knowledge of the dangerous nature of the work and the vulnerability of workers, failed to fulfill their obligation pursuant to Article 21 of the Constitution on the Protection of Right to Life of Citizens working in high -risk sectors. This fails cannot be called random. It is structural and continuing.
The court observed the production, possession and sale of fireworks was regulated under the Explosives Act and the Rules of Explosives, 2008. The District Judge or the District Receipt was authorized to issue licenses only if the total number of explosives, including raw materials, processed materials and finished goods, did not exceed 15 kg. The amount ranging from 15 kg to 500 kg fell under the jurisdiction of the explosive controller and the amount of over 500 kg under the main explosive controller. It turned out, however, that dros issued licenses outside their jurisdiction. Such licenses were obviously invalid, the court noted.
Sivakasi, known as “capital of India fireworks”, contributed more than 90% of the country’s production. Its dry climate, minimal precipitation and moisture caused it to be ideal for fireworks, but the conditions increased the risk of explosions. The Virudhunagar district was classified as an aspiration district, reflecting the persistent insufficient development. This area suffered from critical lack of groundwater, negligible agricultural activity and limited industrial diversification. Workers had no alternative other than working in these dangerous factories, fully realizing the risks. They were not free elections, but the court noted the court.
According to the judge, there is an extensive non -compliance and endangering lives. Whenever an accident occurs, investigations of such accidents are carried out in a mechanical way. FIRS registered in 2019 and 2020 continues to wait for waiting in 2024. There is no involvement of explosive experts, forensic reports and no meaningful determination of the cause.
The Committee report, headed by the pension judge K. Kannan, created by the National Court Green Tribunal to deal with the cause of achanklalam accidents in Sivakasi, found that they were licensed spaces, overcrowding, non -created workers, chemical mixing in open areas and locked East. The cumulative effect of illegal licensing, the absence of security measures, ineffective inspections and occasional investigations points to the violation of Article 21. The state is responsible for protecting life in dangerous employment.
The court listened to a petition filed by four planned castes that lost their spouses in fire accidents for fireworks in Ettakkatti in Sivakasi in 2014. Although £ 5 lakh each of the victims was recommended, the government was sanctioned as 1 lakh in 2015. The petitioners asked for the amount of balance and a suitable job for a family member.
The court of court strengthened compensation to £ 10 and ordered the state to pay the amount of remuneration for eight weeks.
The court pointed out the reasons and noted that the deceased was involved in the fireworks industry, which was not only classified as a “dangerous occupation” but also regulated as a dangerous operation. Workers were allowed to work in an unprotected environment, without formal training, without protective equipment and without regulated guarantees. Working conditions caused accidents not only likely but inevitable.
The court pointed out the failure of the state in fulfilling its legal and constitutional obligations. The Court also mentioned the judgment of the Supreme Court in Safai Karamchari Andolan to strengthen the compensation. Families of victims came from socially and economically weaker sections with addicted children and without sustainable alternative income. The effect of the accident was not only immediate, but permanent, which guaranteed a replacement that reflected the economic and human dimension of losses.
The state could not escape responsibility if its agencies failed to prevent an accident in a dangerous industry. The granting of the remuneration was not criminal, but the statement of constitutional violations and 10 lakh on the family was fair and reasonable recognition, the court noted.
The judge ordered the Director of Industrial Security and Health to ensure the promotion of security standards under the Explosives Act and Explosive Rules, the Act on factories and factories, including compliance with the licensing limits, compulsory appointment of security staff, regular inspections and safety training. The safety of workers in a dangerous industry should be considered a matter of the highest priority.
The chief manager of explosives, peso, nagpur, will take the necessary steps to explore the licensing procedures in Sivakasi and other fireworks clusters and take the appropriate measures to find that the license is issued above the statutory limits set under the law and the rules of explosives and rules.
The CEO of the police must ensure fire accidents concerning explosives, which are investigated by staff equipped with corresponding technical knowledge, with proper help of forensic experts and in accordance with the mandates of the Explosives Act. Severe insufficient irritation in the Industrial Security and Health Department has prevented regular implementation of regular inspections, the enforcement of legal security measures or respond in time to the violation. Without adequate technical staff and supervision infrastructure, compliance cannot be expected.
The judge expressed its clear expectations that in cases where it was proven in investigation or investigation, an accident occurred as a result of the employer’s fault, including non -compliance with the licensing conditions, security protocols or a sublease of space, the license body should take the relevant measures, including the cancellation of the license. The responsibility for the regulation of dangerous industries was legal, not discretion.
Published – June 19, 2025 21:42 IS IS
