By H.H. Mohrmen
Over the years, coal mining in Meghalaya, which is also known as rat-hole mining, has been in the news but for all the wrong reason. Acid mine drainage from these mines has polluted rivers, forests have been degraded, and tragic accidents have claimed workers’ lives. This particular system of mining has been associated with serious violations of mining, labour, and environmental laws.
The State Government collects royalty on coal transported to other states and even international markets. Yet concerns persist regarding enforcement of safety norms, environmental safeguards, and legal compliance. Complaints regarding violations often remain unaddressed, and environmental damage continues to affect communities downstream. Very unfortunately, recently the Governor, in his address in the august House, mentioned the loss of livelihood due to the ban on coal mining but remained silent on the loss of livelihood of the people who live downstream and, more importantly, the damage that has affected the rivers.
The absence of law or weakness of enforcement
Despite the mining ban, coal mining continues unabated, and this raises a fundamental question: Is the problem the absence of law, or the absence of enforcement? The narrative often presented is that Meghalaya’s special constitutional status and unique land tenure system allow individuals and communities to mine coal as they wish. The interpretation that coal in Meghalaya was completely exempted has been debated. However, the legal position is far more complex than it is often made out to be.
It is true the state has a unique land tenure system, where land ownership is largely community or clan-based. It is often argued that this system gives people rights over minerals beneath their land and that coal in Meghalaya was exempted from nationalization. However, Paragraph 9 of the Sixth Schedule explicitly mentions the need for licenses or leases for prospecting and extraction of minerals.
Legal Requirements for Mining in India
Mining operations in India are primarily governed by the Mines and Minerals (Development and Regulation) Act (MMDR Act), 1957. Section 4(1) of this Act clearly prohibits mining of any mineral without a valid lease granted under the law. The Act also provides for the following: a Reconnaissance Permit, which is granted for preliminary prospecting of minerals through regional, aerial, geophysical, or geo-chemical surveys and geological mapping. Later a Prospecting License, which is granted for exploring, locating, or proving mineral deposits; and finally, a Mining Lease, which is mandatory for the actual extraction of minerals. It provides that no mineral, including coal, can be legally mined without complying with these statutory requirements.
Coal mining in India was nationalized in 1973 under the Coal Mines (Nationalisation) Act. The intention was clear: to bring coal resources under state control for systematic development, worker safety, and national interest. Yet, decades later, the issue of coal mining in Meghalaya continues to generate confusion, debate, and controversy, particularly on the question of whether central mining laws apply to this Sixth Schedule State. Beyond mining laws, coal extraction is also subject to India’s environmental protection regime.
Environmental Protection Laws
The Environment (Protection) Act serves as umbrella legislation empowering the central government to regulate pollution and set environmental standards. Under this framework, mining projects require environmental clearance and adherence to strict conditions. Hence coal mining in Meghalaya is also governed by several environmental protection laws in India, such as the Water (Prevention and Control of Pollution) Act, 1974. This Act aims to prevent and control water pollution and maintain water quality standards. It establishes Central and State Pollution Control Boards with regulatory powers. Then there is the Water (Prevention and Control of Pollution) Cess Act, 1977, which imposes a cess on water-consuming industries to support pollution control efforts.
There is also the Air (Prevention and Control of Pollution) Act, 1981, which was enacted for the prevention and control of air pollution and sets standards for emissions. The Environment (Protection) Act, 1986, is an umbrella legislation enacted after the Bhopal gas tragedy. It empowers the central government to regulate environmental pollution and coordinate enforcement of environmental standards.
The next legal framework applicable to coal mining in Meghalaya is the Indian Forest Act, 1927, which governs the protection and management of forests. Then there is the Forest (Conservation) Act, 1980, which regulates the diversion of forest land for non-forest purposes and requires central approval. Other legal statutes applicable to coal mining include the Wildlife (Protection) Act, 1972, which provides protection to wildlife and regulates protected areas. The Biological Diversity Act, 2002, is another important legal framework enacted to ensure the conservation and sustainable use of biological resources.
The Labour laws
Article 21 of the Constitution grants the right to life to every citizen of the state, and it stipulates that not only the right of the coal mine owner is guaranteed, but also that of the labourer and the people downstream who are affected by acid water. The rights of the labourers, including the miners, are also governed by multiple and elaborate labour laws.
Thus, the idea that Meghalaya is completely exempt from national mining regulation does not stand on firm legal ground. These are not optional requirements; they are mandatory. No mineral, including coal, can be legally mined in India without complying with these provisions.
Traditional livelihood activity
It is frequently argued that because individuals or clans own land, they automatically own the minerals beneath it, and therefore coal mining is a customary practice exempt from national control. The truth, however, is different. It is also worth noting that coal mining in Meghalaya was introduced during the British colonial period and was not an entirely indigenous practice from ancient times. It was not an ancient indigenous practice but a commercial activity that evolved over time.
The most important tool in the mining of coal is the pickaxe. While we have Khasi names for the plough, machete, and axe, which farmers use in agriculture, there is no Khasi word for pickaxe. Though iron smelting was an important activity of the people, it has been found that blacksmiths used charcoal and not coal to smelt iron in the past. Therefore, describing coal mining solely as a customary tradition oversimplifies history and ignores the truth and traditional practices.
Sixth Schedule: Autonomy and Accountability
Meghalaya is governed under the Sixth Schedule of the Constitution, which grants autonomy to tribal areas through Autonomous District Councils. The state’s land tenure system is indeed unique, with community and clan ownership playing a central role. However autonomy under the Sixth Schedule is not a licence for lawlessness. It is a constitutional mechanism designed to protect tribal identity and local governance. But constitutional autonomy coexists with national responsibility.
Coal mining is an important livelihood activity of the people but environmental degradation does not respect district boundaries. River pollution flows downstream. Air pollution crosses jurisdictions. When forests are destroyed, the consequences are ecological and generational. The debate on coal mining in Meghalaya must therefore move beyond slogans of exemption and customary rights. The issue is not whether laws exist, they in fact clearly do. The issue is whether we have the political will and administrative integrity to enforce them.
If coal mining is to continue, it must be scientific, regulated, environmentally sustainable, and compliant with national law. Otherwise, the cost will not merely be legal but it will be ecological, social, and moral.
The future of Meghalaya’s environment and its people depends not on ambiguity, but on clarity, responsibility, and respect for the rule of law.
Role of the State Government
The crux of the matter is regulatory enforcement and governance and the State Government plays a critical role in regulating mining activities. However, it has often been observed that the government collects royalty on coal transported to other states and international markets, but fails to enforce rules and laws.
It is also true that complaints regarding violations of mining and environmental laws have not always resulted in effective action. Environmental damage to forests and rivers, as well as human rights concerns relating to mine workers has not been adequately addressed.
Conclusion
While Meghalaya enjoys constitutional autonomy under the Sixth Schedule and follows a unique land tenure system, this autonomy does not nullify the applicability of central mining and environmental laws. The requirement for licenses, leases, environmental clearances, and safety compliance remains mandatory.
Coal mining in Meghalaya, therefore, must operate within the framework of national legislation. The challenge lies not in the absence of laws, but in their enforcement. Sustainable mining practices, environmental safeguards, and protection of workers’ rights are essential if coal extraction is to continue without causing irreversible ecological and social damage.
