Thursday, March 28, 2024
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SC Order: Victory for the People

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BY HH Mohrmen

Immediately after the Supreme Court order was made public, the statement from the CM’s office was, ‘it is the victory of the people’ and indeed it is. It is the victory of the people on all counts, because the Honourable Court has maintained that natural resources are not to be usurped by the current generation only, but it has to be judiciously used keeping the future generations in mind too. It has also spelt out that the duty of the Government is to serve its people and not to protect the business interests of the selected few.

People asked me what my take on the Supreme Court order on coal mining is. My first reaction was, that if I had it my way, I would earnestly wish that we reduce using fossil fuels because it is major contributor to producing CO2 that increases global warming. On second thoughts though, since many people depend for their livelihoods on the activity, then there should be some reprieve for those affected. Therefore if coal mining is to resume, the Court order is the answer to the prayer of the people who are concerned about the environment and advocate against its degradation as is happening in the State.

 This column is consistent in its opinion on that rat-hole mining is illegal because the activity is being carried out without any control and regulations by any authority whatsoever. Coal mining has been a free-for-all activity that anyone who strikes coal can extract the same in whichever manner one wishes to extract the mineral. Before the NGT intervention, coal mining in the state is similar to the erstwhile gold rush in the west where anybody can do whatever or however one likes with the coal that one strikes. It is the only business where not even the permission from the village dorbar shnong is required to start the activity.

It is rather amusing that if one is operating any business, one has to provide necessary papers to start the business, but no paper is required for coal mining because there is no mechanism in place to control and regulate the activity. The analogy I use is, if one is to operate a taxi, one has to avail permit, driver’s license and other documents to be able to do the business, but for coal mining no papers are required. If a person hits coal, he only needs to have the required capital to start the business and nothing more. It is because of the absence of any mechanism to control and regulate coal mining in the state which made NGT intervention and subsequent ban on coal mining necessary.

It is because of the absence of regulatory mechanisms that all our streams and rivers in the coal mining areas are affected by Acid Mine Drainage in which the pH level of the water is below three which means that it is not fit for human consumption. In the absence of a regulatory mechanism to control coal mining, we find that land in the coal depot and mining areas are affected by pollution and even paddy fields located near the coal depot  had to be abandoned because it can no longer be used for cultivation. This column has persistently demanded that the Government should come up with its own mining policy, to control the activity and save our water and land from pollution but to no avail.

The point is, coal mining has been going in the state without any regulations, but now in the Court judgement, we have a mechanism in place to see that mining is carried out in accordance with different laws which govern mining in the country. The Supreme Court order has done what the state has failed to do a long time ago; it has put a mechanism in place which will manage coal mining in the entire state. With this Court ruling we now finally have regulations which will manage coal mining is Meghalaya. In fact the order has made it clear that not only coal but all mining activities in the state has to be under the National laws and Acts which apply in the entire country. Although the court upheld the unique land ownership system which prevails in the State by virtue of it being a 6th Schedule area, but it also reiterated that all the national acts and regulation which governs mining in the country are now applicable here too.  The State is not exempted from any National Acts or Rules that govern mining in the country.

Although both the MDA and the MUA have pleaded in the court that the ban should be lifted on several grounds, but the court flatly rejected the pleas, except the argument of land ownership in the tribal area. Both the governments had pleaded in the court on behalf of the mining lobby and at time became obstructionist in implementing regulation to ensure that the environment is protected and the safety of the miners is upheld. Instead of celebrating the lifting of the NGT ban on coal mining, the Government should bow its head in shame because all its contentions in the apex court were knocked down one by one.

The pleas which challenged the jurisdiction of the NGT including the Committees constituted by same was rejected.  The court order stated that there is nothing in the Sixth Schedule to indicate that Mines and Minerals (Development and Regulation) Act, 1957 cannot operate in the State of Meghalaya. The judgement has in fact ordered that the mining in the state should comply to not only MMDR Act, 1957, but Mines Act 1952 and Environment (Protection) Act, 1986 and Mineral Concession Rule 1960  too.

Both the MUA and MDA government had also tried to impress upon the Central government to invoke paragraph 12A sub-clause (b) of the Sixth Schedule to lift the coal ban from the state, but since there is no order from the President’s office, it implies that all acts and laws which govern mining in the country also apply to the state. This Order has far reaching consequences in which it was made obvious that all laws passed by  Parliament are applicable in the State too. With regards to the plea that the fined imposed by the NGT on the state be considered, the Court ordered that the State Government should instead deposit the Rs 100 crore from Meghalaya Environment Protection and Restoration Fund (MEPRF). This means that the State Government did not get any reprieve on this count too.

Although from the Court order it is obvious that both the governments have pleaded and fought hard on behalf of mining and for the interests of the coal lobby, yet the wisdom of the Court saw otherwise. The Court order not only ensured that the livelihoods of the people continues, but it also maintained that natural resources should be used diligently bearing in the mind the interests of the future generation of the country too.

It is now over five years since the NGT banned rat-hole mining in the state, and the outcome of the ban as appeared from the judgement is that we will see no more rat-hole mines but a new system of coal mining in the state. The hope is that this will be the end to rat-hole mining which pollutes water and land, destroys the environment and provides no safety or protection for the miners. Now miners will have to avail mining plans, environment clearance and other papers before they begin mining, to ensure that the environment is protected. Therefore the court order is indeed a victory of the people, but just not the kind of people that the two governments fought for. It is the victory of the general public, their children and the generations to come.

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