By H H Mohrmen
The recent press statement of the Chairman/spokesperson of the Grand Council of Chiefs of Meghalaya (GCCM) against the NGT ban on coal mining has raised more questions than answers. The first question is, does the GCCM have any traditional sanction or foundation? When did the Khasi Jaintia Kings start having a forum of the traditional chieftains? Or is it just a borrowed idea from other First Nation’s People?
If the grand old men of the grand council had performed their duties in the true spirit of the Hynniewtrep culture, the situation would not have come to such a pass, because then our chiefs would have taught us the ancient wisdom of honouring mother nature and how we should treat ‘Ka Mei Ram-ew’ with care. But that did not happen because our Chiefs who are also supposed to be the custodians of culture and tradition were often the perpetrators of the onslaught on the nature. So it is no surprise that the GCCM opposes the NGT ban on rat hole mining.
We would expect our wise elders to teach us how to treat “Ka Mei Ram-ew” with reverence and remind us that u Lum Shillong, u Lum Sohpetbneng are our sacred spaces. We would expect the Daloi to remind us that the Pnar called Kupli the grandmother (Beipun) Bor Kupli and u (Papun) grandfather Yale and Myntdu ka Tawiar ka takan (guardian angel) and Lukha and Lunar like Umiam and Umiew are two sisters. We would expect our wise chiefs to tell us stories and folk tales about the profound connection the tribe has with the nature. Or are these no longer part of our tradition and we need not respect our rivers anymore! We must respect every aspect of our tradition not just those that suit our needs even if the traditions are undemocratic and its political correctness is questionable. The GCCM therefore has no moral right to lecture us on the issue because, it is the chiefs themselves who had failed us in their duty to protect and preserve Mother Nature in the first place.
The other pertinent question is whether the Jaintia hills does fall under the purview of the Instrument of Accession (IOA), since the Jaintia kings were defeated by the British and their kingdom was annexed to the empire. If the Jaintia Kings did not sign the IOA they are therefore not party to the decision and using that argument we can say that Jaintia Hills does not fall under the purview of the IOA. The same is also true about Garo hills area, because only the chiefs of the princely Khasi states were part of the IOA, hence it is therefore save to say that IOA does not cover the entire state of Meghalaya. Isn’t it also true that using IOA to argue for the entire Meghalaya is not only misleading but it does not have legal foundation either?
For the sake of argument even if a person owns the land, does that give one the license to pollute water, air and land? We live in a democratic country where there are laws like Mining laws and Forest Act that needs to be respected. What the Chairman of the GCCM should remember is the fact that the case in point is an environment issue not ownership of land. Ownership of land does not give us the license to pollute the environment; in fact it is social obligation of every citizen of this country to protect and preserve nature because none of us have proprietary rights over air, sunlight or even water.
With regards to coal mining in the state, let us call a spade a spade and put the facts straight. Coal mining in Jaintia hills was exempted from the Coal Mine Nationalisation Act based on a letter from Vasant Sathe the then minister of Energy, Government of India. The letter dated July 2, 1987 which was signed by Sathe and addressed to Capt W.A. Sangma, Meghalaya’s Chief Minister then proved beyond doubt that the exemption was just a departmental order. Point number 2 of the letter clearly states, “As regards traditional mining which has been done by tribals all these years, we have no desire to interfere with their customary rights and practices. This can continue under the guidance of MMDC. Coal India Ltd would be willing to give any assistance or advice that the state government may require for carrying on mining on scientific basis and keeping in mind the safety and health factors.”
This was also confirmed by the man Meghalayan considered the champion of their rights to coal mining- GG Swell himself. GG Swell’s message which was published in the Souvenir to celebrate Jaintia Hills District Silver Jubilee Celebration (1972-1997) edited and published by Rev. Dr. E.R. Tongper made it clear that the exemption does not have sound legal foundation. GG Swell said. “I am happy to see that this (exemption from Coalmines Nationalisation Act) resulted in unprecedented prosperity of the people of Jaintia Hills which has shown itself in many beautiful houses in Jaintia towns and other places and the ownership of prized properties in Shillong as well as better qualified persons. I have however few regrets. The wealth has been confined to few persons and the environment of the district (Jaintia Hills) has been severely damaged so as to get a glass of good drinking water is a big problem.”
He further said, “In this connection I must also sound a note of warning. There has been no law to exempt the coal mines of Jaintia Hills from Coalmines Nationalisation Act not even a resolution in Parliament. It was purely an administrative decision which can be changed. If the damage to the environment continues at the present rate there is the risk that the future Governments at the Centre may withdraw the exemption. Things in India as in the rest of the word are changing at a dizzying pace. The people in Jaintia Hills should bear this in mind and do retrospection.” This was what GG Swell had written in 1997 and you don’t need me to tell you how his prophesies have come true.
John Kharshiiing should also remember that the people living downstream of the rivers are also “Ki khun ki raiot,” only that their “syiems” their “dalois” don’t care about their well being. People who live in the villages downstream of the river Kupli, Myntdu and Lukha are our own kith and kin. They just happened to live downstream of the three dead rivers of Jaintia Hills and they have lost their livelihood and culture to mining, because water from coal mine areas laced with sulphuric acid has killed their rivers. Or maybe the GCCM does not care about their welfare because they are poor.
Then there are those who say that NGT contradicts Para 12 A of the Sixth Schedule. So if the NGT does not have jurisdiction in the tribal state, then all laws and Acts passed in the Parliament do not have legal sanction in the state either, because all laws and Acts in this country were enacted by the same Parliament. And if NGT does not have legal standing in the state then maybe we should also stop sending MPs to Parliament.
The message is loud and clear, the exemption was based only on a departmental order as per letter from Vasant Sathe to Capt W.A. Sangma and GG Swell himself has made it clear that it can be withdrawn any time. What else do we need? Besides the NGT ban on coal mining is an environment issue and also a human rights issue (death of coal miners inside mines) does not even question land tenure system in the state. This is an environment issue hence there are mining laws and forest acts in this country that needs to be respected. We can’t just mine as we like. We also need to remind ourselves that people downstream have their right to pure and clean water too. We must also remember that we need to respect our mother nature and that is the kind of message we expect from the Grand Council of our wise chiefs of Meghalaya.