Editor,
I would like to refer to a news item aired by a local Khasi TV Channel the other day which showed a public protest against a so called Public Hearing proposed to be conducted by the Government for expansion of the Limestone Mining Area by M\s Star Cements Pvt Ltd at Lumchnong Area. That same day a noted legal expert expressed his views that the people of Jaintia Hills where 8-9 cement plants are located should emulate the people of Shella Area who had fought a long drawn out struggle against a multinational company M/s Lafarge Cements Ltd in the Supreme Court and eventually secured their legitimate rights.
In this regard, I had also expressed similar views in these columns through my letter, “Way to go People ” (ST October 17, 2019). Here I would like to state that although these kinds of protests have rarely brought any positive outcomes for the stakeholders, people nevertheless keep on dreaming that their protests will be heard by the government, not realising that ours is at best a flawed democracy and people are not needed once their votes are cast. The powers that be know that sooner rather than later the protests will die down once we are emotionally exhausted and that we as a people do not have staying power. In rare instances when public movements have continued beyond the expected time, we have seen the powers that be aided by their crony capitalists using various means which would in the end succeed in sabotaging such movements.
Already cracks have surfaced in the unity of protesters at Lumchnong/Brichyrnot with one group having been swayed by a lollypop of an offer such as the Rs one crore “Lukha Restoration Fund” dangled by the government which in all likelihood will not fructify judging from past experience. In any case Rs.1 Crore is less than chicken feed when tens of thousands of crores worth of minerals are at stake. I just hope that other groups of protesters will not be so naïve as to fall for similar inducements and sell their lands and futures for a song as had been done before.
Coming back to my letter cited earlier I had stated that the Hon’ble Supreme Court in a landmark and path breaking verdict dated July 6, 2011 delivered a major victory for tribals whose lands have been extensively usurped all over our country.
The Supreme Court in its Judgment on Writ Petition (C) No.202 of 1995 (available on the Internet) laid down far reaching and stringent conditions for granting various permissions and clearances for mining, setting up and expansion of industries in tribal areas of the country. The judgment inter alia laid down the following conditions on M/s Lafarge cements Ltd to follow:-
- Mining should be scientific and should adhere to every Central and State Government Laws and Acts which protect the environment.( Here I would like to say that many people very much doubt that these laws are followed in letter and spirit as everyone can see the havoc caused by cement companies on the environment in Jaintia Hills).
- M/s Lafarge had to deposit Rs. 55 crore with 9% interest charged retrospectively wef April 1, 2007 as compensation for damages caused to the environment and the amount was deposited with a Special Purpose Vehicle (SPV) constituted as per Supreme Court Order to cater to the development of Shella Area in sectors of Education, Health, Agriculture, Infrastructure and compensatory afforestation, etc. and periodic reports on the achievements of the SPV are required to be submitted to a committee mandated by the same SC judgment. Besides this, as a consequence of the SC Ruling M/s Lafarge is continuing to deposit Rs. 90 for every tonne of limestone mined with the SPV ( It may be noted that the Legislative Assembly was informed sometime in 2017 that funds lying with the SPV as on 31st March 2016 amounted to Rs 148 Crores. There is also a separate benefit specifically for Nongtrai village which is being compensated @ Rs.10 for every tonne of limestone mined).
The above benefits are exclusive of whatever benefits that fall under the Environment Protection Fund and the Corporate Social Responsibility Act 2016 which requires that Companies set aside 2% of their nett profits for development of the communities directly affected by the industrial/mining activities of such Companies.
For me the biggest takeaway from the above Supreme Court judgment is that a fair legal precedent has been set that has the potential to impact on the manner by which mining is carried out in the state and on the quantum of benefits that the stakeholders should rightfully receive. In my humble opinion all right thinking persons should encourage while those with expertise should advise those directly affected and approach our High Court to invoke the mentioned Supreme Court Judgment as related to the cement companies in Jaintia Hills. But the time to act is NOW for we have waited for far too long and lost many of our forests ,hills and rivers. Our aversion of approaching the law courts (salia ban kiew ing lieh ing saw) should no longer be our collective psychological block for if we fail to act ,our grandchildren’s generation, if not our children’s will not forgive us and there is no reason why they should not curse us at our graves.
Yours etc.,
Samuel Swett,
Shillong-2