The repeated refrain by politicians of Meghalaya, the latest by PN Syiem, Chairman KHADC, that he is not impressed by the lifting of the ban on coal imposed by the National Green Tribunal (NGT) is fraught with serious consequences. What these politicians want is a pre-NGT ban scenario where mine owners lapped up all the profits without any social or environmental responsibility. They were not governed by any regulations. The hundreds of abandoned mines have not been closed or re-afforested. They are left open even today and have resulted in the flooding of active mines. The Sixth Schedule is being used to red flag the loss of tribal rights over their land. What is not pointed out or discussed is whether the “tribals” of Meghalaya actually have any rights over their land today or whether those rights vest with a miniscule tribal elite.
The Supreme Court has categorically stated, after hearing the valued arguments of the Amicus Curiae, Colin Gonsalves, that mining in Meghalaya will have to be carried out according to the National Mining Policy 2019 (NMP). The essential features of this Act is (a) that a resource inventory of all minerals will be maintained in accordance with a globally accepted public reporting standard for ensuring reliability of reporting (b) that a miner shall leave the mining area in an ecological shape which is as good as it was before the commencement of mining or better with least impact on flora and fauna of the area. (c) Inter-generational Equity which recognises that natural resources, including minerals, are a shared inheritance where the state is the trustee on behalf of the people to ensure that future generations receive the benefit of inheritance. Hence State Governments are must ensure that the full value of the extracted minerals is received by the State. However, for assessment of inter generational equity in respect of each mineral, a disaggregated approach shall be adopted considering aspects like reserves/ resources and potential for reuse through recycling, which are relevant and suitable in the Indian context.
The Act stresses on sustainable mining practices where mining operations shall not ordinarily be taken up in identified ecologically fragile and biologically rich areas. The Government shall identify such areas that are critically fragile in terms of ecology and declare as ‘in-violate areas’ or ‘no-go areas’ out of bounds for mining. Where small deposits are not susceptible to viable mining, a cluster approach will be adopted by granting the deposits together as a single lease within a geographically defined boundary. In grant of mineral concessions for small deposits in Scheduled Areas, endeavour will be made to accommodate Scheduled Tribes while extending enabling environment to carry-out mining operations in a systematic and efficient manner.
The problem with politicians here or elsewhere is that they have a myopic view of governance and don’t care if the environment is completely destroyed so long as the coal money comes in to feed their electoral needs. This destructive mindset has to be defeated.