Owing to weak and irregular framework, the problem of illegal mining is today’s prime problem which Indian government has failed to address till date, finds out Rishabh Shrivastava
“There is enormous and large scale multi-state illegal mining of iron and manganese ore running into thousands of crores every year, having several pernicious and evil effects on the national economy, good governance, public functionaries, bureaucracy, public order, law and order. It has encouraged huge corruption at all different levels in public life, mafia in society and money power…This has to be stopped immediately and effectively…”
These were the findings of the commission constituted by the Parliament of India in 2010, headed by the retired Supreme Court Justice M.B. Shah. Due to rising economy and increased energy patterns in India, the mining sector has boomed like a rocket in last 5 years. Although this data is way too old, yet for the understanding of our readers, till 2010 alone 82,000 cases of illegal mining were recorded by the government. Surprisingly, United Nations has also expressed a deep concern on this type of filthy and corrupted practice being persuaded by the Indian government in trade and economic growth! The recent order of the SC to ban the illegal mining activities in the Aravalli hills in Haryana and Rajasthan has once again raised the concern in context to the mining sector of India.
Illegal mining means mining, raising,transporting and exporting the minerals from the ore – illegally, without the consent or permission of any lawful authority. Therefore, by studying various case studies, I can summary up the illegal mining in the following points:
These all parameters constitute what we call as “illegal mining”. The major legal provisions which regulate the mining business and affairs are – Mines and Minerals (development and Regulation) Act, 1957, the Forest Conservation Act, 1980 and the Environment (Protection) Act, 1986.
Well, coming onto the dark side of this ‘bad game’, you will be surprised to know that more than 5000 rural households are employed in this illegal mining business. However, most of the families in rural areas of Goa, Karnataka, Madhya Pradesh, Uttarakhand, Uttar Pradesh do not even have fuel to light their stoves, food to fulfil their empty stomachs, clean drinking water facilities, proper sanitation, electricity in their hutments, education facilities for their children, proper support and redressal systems for their sufferings while facing the wrath of the loans and banks which they are unable to pay due to lack of rains, misguiding habits of local officers and many other elements.
The shrewd mining contractors have taken the advantage of all these situations. As a result, the biggest threat to regularise this illegal trade is these rural households, who are on the edge of annihilation. Unfortunately, the government has not planned a single proper mechanism to protect or provide the rehabilitation to these poor families. Simply, shutting down these illegal mining centres and imposing alegal ban and financial obstacles like fines and penalties won’t solve the problem. So does the government care about all those 5000 rural households, who haven’t slept in a room with a proper fan and light upon their heads or about those rural kids, who are wasting their lives playing in those sand mines, which they do not even know what exactly are?
If one analyses and observes these illegal mining instances, the mining boards that have been deployed in this filthy mining culture are big financial monsters, eating and destroying our natural and regular setup while governing the mining business. According to my personal observation, the file for requesting the clearance of mining is normally in the framework of the ‘single file system’. The file initiates at the office of the director of mines, then to the government secretary and then to the concerned minister or chief minister. It means that the ultimate right of giving clearance to the mining contractors lieswith the concerned minister or the chief minister. Now obviously one can conclude that any project that is ready with money fuelled financial weapons by a big business tycoon can now be refused from getting a clearance to the mine. And once he is done with the clearance part, the money power is now ready to be increased by encroaching more than what is mentioned in the mining lease. The reason why I can say this by being so damn sure is because, how one can expect that minister who is approving a clearance (that too after 2 stages) cannot know what the contractors propose to do, what are their financial credentials and what is their ultimate objective i.e. personal financial enhancement.
According to Section 24 of Mines and Minerals (Development and Regulation) Act, 1957, it empowers the central and state government to inspect any mine any time for any purpose. However, while going through the cases pending in the various tribunals and courts, since more than 5 or 3 years, no authorised person, neither from the state government nor the central government, visited the mines for inspection – be it Madhya Pradesh, Goa, Karnataka or any state located in whole of the India (one can visit the official websites of National Green Tribunals and High Courts for these cases on illegal mining of minerals), where this business of illegal mining is going on.
After reading this section, even a child can realise that a vicious conspiracy between the contractors and the ministries have been going on otherwise how a government having a statutory right or power cannot visit a mine, that too not for a month or a year but for more than 5 years! Another thing is, there are enough legislations and acts on these malpractices, but there is no one to take record or keep a check on them. The political members have failed to keep an eye on these issues because of the weight of financial layer(s) and the executive classes have botched to implement them.
Secondly, the absence of professionalism, honesty, dedication has created a disharmony among the different departments of the government. The state pollution control boards never visited the fields even on the notice by the government. The licenses were never checked that whether they are to be renewed or cancelled.
Going through the reports by Justice M.B. Shah and Lokayukta of Karnataka, round about 30 such instances in both the states relating to state pollution control board have appeared. The shifting of responsibilities from state pollution control boards and other departments to the state government and vice-versa has been the prime source due to which till now the judiciary is unable to produce something substantial. Thirdly, this illegal mining has been carried out with the help of heavy machineries and gunda power. The police have never initiated proceedings against any of these organisations, no FIR or any other record is present in any of the police stations which are in-charge of such operations. According to the analysts, manypolice officers do not even want to get involved in this, due to bureaucratic and political pressure from the above authorities that present above them in the scheme of state management. The machineries have unscrupulous conditions, which are contributing to the land, air and water pollution to its fullest. In many states, the great environmentalists have concerned deeply for the contamination of the drinking water due to which everyday hundreds of cattle and agricultural fields are being destroyed.
This game seems to be unstoppable by Indian authorities; even the orders directed by the Hon’ble Supreme Court are not being observed. Step like employing more workforces at lower level has to be taken up. Flying squads should be constituted to regularly inspect the mines and record their activities. A team or committee should be constituted, which can suggest government whether to issue clearance to a particular project or not within a short span of time.
The information related to mines (lease area, contractor, district, financial set-up etc.) should be published in the official website of the Coal Ministry. An Action Initiation Team (AIT) at various levels should be constituted to keep check on the political and executive members. They should be free from any influence and pressure; judicial members would be ideal for it. Reports related to the rural people, who are being employed in the projectalong with their details of income, house, food etc., should be prepared and should be given to the appropriate ministry so that if such illegal activities are being active then an appropriate rehab process and action can be planned out.
On the part of various state departments and pollution control boards, regular evaluation should take place without any internal displacement. Judiciary should act quickly on the pending matters and take all possible steps to eradicate such unfair trade practice from our nation. More transparent and accountable process for leasing of mines and related aspects should be done by way of publishing it in gazette, websites of official organisations. Principles of democracy should be saved and nurtured. The rural households have to be taken care of so that while rooting out these trade contractors, we should not infringe their rights and life. The strength of India lies in efficient and effective restoration of our mining sector and other power sectors. Energy sector and infrastructure facilities of our nation should be developed by regulating the illegal trade practices of our nation. Every individual’s right should be protected then only the democracy of our India would be saved from getting converted into ‘anarchy’- a state of lawlessness.
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