Rather shocking data was presented in Rajya Sabha about illegal mining in the country, which indicated that out of the 60,419 cases of illegal mining in 16 states, only 3,686 FIRs were lodged. The question was raised by Dr Prashanta Nanda (BJD) and Ms Sulata Deo (BJD) to the Ministry of Mines on March 20.

Mining in India is regulated under the Mines and Minerals (Development and Regulation) Act (MMDR Act). Penalty for illegal mining was made more stringent by amendment of the MMDR Act in 2015. Penalties for contravention of Section 4(1) and 4(1A) of the Act have been increased from Rs. 25 thousand per hectare to Rs. 5 Lakh per hectare and the term of imprisonment has been increased from 2 years to 5 years.

A total of 22 states have framed rules to curb illegal mining. Illegal mining is when mining is carried without license or outside the licensed area or when more than the permissible amount is extracted.

As per the latest data provided by the Ministry, pertaining to the period between April 1, 2022 to September 30, 2022, a total of 60,419 cases of illegal mining occurred in which only 3,686 FIRs were lodged  and even lower 2,931 cases were filed in court. The highest number of cases were from Telangana (17,938) and the lowest from Goa (1). The highest number of FIR’s were from Sikkim (1,245) and zero FIRs filed in Andhra Pradesh (4,296 cases), Goa (1 case), Himachal Pradesh (1,934 cases), Kerala (,3617 cases), Odisha (7 cases), Tamil Nadu (4,495 cases) and Uttar Pradesh (757).

As per earlier data provided by the government and analysed by Down to Earth.org, Maharashtra had the highest number of cases of illegal mining in 2015-16 with 33,621 cases. Looking at this one can say, there has definitely been a dip in such cases, since the highest number of illegal mining cases for April-September 2022 is 17,938 from Telangana. Odisha is said to have made considerable progress in curbing illegal mining as it reduced the number of cases by more than 90 per cent, from 487 in 2009-10 to just 45 in 2016-17 and just 7 cases in 2022.

The complete answer may be read here:

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After protests raged in Dispur opposing the diversion of 98.59 hectares of the proposed Saleki reserve forest for coal mining project, a press conference was held by the Assam government saying no approval has been given but accepted that illegal mining has been taking place there between 2003 and 2019. The joint press conference held by Assam forest minister Parimal Suklabaidya and industry and commerce minister Chandra Mohan Patowary said that 24 senior forest officials in the state are facing departmental inquiry for the illegal mining.

The proposed Saleki reserve forest is a part of Dehing Patkai elephant reserve which falls under Tinsukia-Dibrugarh districts. The illegal mining went on for almost 16 years whereby Congress ruled for first 13 years and BJP for the next 3 years.

At the press conference, the two ministers said that their government is committed to protect the environment and forests of the state and would under no condition would allow mining at the cost of its forest cover. When asked whether the incumbent government allowed or were not aware of the said illegal mining, no direct answer was given except that it had formed a committee to look into the permission granted by the erstwhile Congress government.

As reported by The Telegraph, the Standing Committee of National Board for Wildlife (NBWL) had in April granted post-facto approval for opencast coal mining in 57.20 hectares (of a total 98.59 hectares forestland) in the proposed reserve forest.

“Till date no final approval for mining has been accorded. Mining has been stopped since October 2019 by the state government. M/s Coal India Ltd and the forest department would have to fulfil the 28 stringent conditions and the compliance report will be placed before the Centre for grant of Stage II clearance. Only on grant of Stage II clearance, mining can begin. The area in question does not fall in the Dehing Patkai wildlife sanctuary,” Suklabaidya said.

Meanwhile Assam’s Tinsukhia district is in the midst of another environmental crisis with controversial permissions granted to OIL for drilling during the Covid 19 lockdown. Tinisukia district of Eastern Assam, a region dotted with reserve forests,wild life sanctuaries,protected water bodies and other eco-sensitive areas.Indeed the entire region had been formally declared to be a ‘tropical rainforest’ ruling out mining and similar bio-hazardous activities and a blowout on May 27 and subsequent fire has caused irreparable damage to the natural reserves, wildlife and human habitation.

Matter reaches court

After this press conference, two Public Interest Litigations (PIL) have been filed in Guwahati High Court, with the court also taking suo moto cognizance of the issue. The PILs are against the preliminary conditional approval given by then Congress government to Coal India for mining inside Dehing Patkai forest, stating that it violates the right to life guaranteed under Article 21 of the Constitution. The petition also seeks to declare Dehing Patkai as a heritage site under the Biological Diversity Act, 2002. The court has issued notices to the Centre, state, Coal India and other stakeholders and the hearing will be held on July 20.

Effect of the protests

The All Assam Students” Union (AASU), Krishak Mukti Sangram Samiti and other civil society groups, besides opposition parties, environmentalists, activists, teachers and students have been protesting on this issue since May. As a result of these protests, Coal India Ltd’s subsidiary, North Eastern Coalfields (NEC) has temporarily suspended all its mining operations with effect from June 3, 2020.

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India’s ‘Deep Sea Mission’ was to be launched in the year 2019. With a Rs. 8,000 crore plan, the government planned to explore and extract deep sea minerals that lay on the ocean floor at a depth of 6,000 m that would be used in the manufacture of electronic devices, smartphones, batteries and solar panels among other things.

A threat to marine biodiversity, possibly ruining the species and the ecosystem, if carried out on an industrial scale, as is the plan, deep sea mining will cause damage that could possibly never be restored.

In light of this, The Goa Foundation (TGF) and The Future We Need (TFWN) have jointly launched a global campaign demanding the implementation of the inter-generational equity principle in deep sea mining in waters beyond national jurisdictions, reported The Ecologist.

The inter-generational equity principle talks about the right of every generation to benefit from natural resources. The main objective of the principle is to ensure that the present generation does not abuse the non-renewable resources so as to deprive the future generations from its benefit.

In its press release dated February 3, 2020, The Goa Foundation says that the United Nations Convention on the Law of the Sea (UNCLOS) declares that the area beyond the limits of national jurisdiction (comprising the seabed, ocean floor and subsoil, excluding the water above) (called the “Area,” in short) and its resources are the Common Heritage of Mankind (CHM). All rights in the resources of the Area are vested in mankind as a whole. UNCLOS provides that activities in the Area shall be organized, carried out and controlled by the International Seabed Authority (the Authority”) for the benefit of mankind as a whole, on whose behalf the Authority shall act.

The campaigners argue that the mineral resources in the area are a “shared inheritance” They say it is our duty to ensure to conserve our inheritance to exercise our right to consume from it and allow future generations the same benefit.

Dr Claude Alvares, Director, Goa Foundation says: “We launched this campaign because this is a great opportunity for us to proactively protect the wealth of our future generations. Making sure the principle of Intergenerational Equity is at the core of any Deep Seabed Mining in the Area will guarantee this. For millennia, community property across the planet has been captured by a few through a variety of means. Any loss from the commons is effectively a per-head tax on every human being, while making a few individuals super-rich – an unfair redistribution. Future generations are deprived of their shared inheritance. We must ensure that this is not the future our children will inherit.”

Rahul Basu, Member, The Future We Need, noted: “Our movement has been fighting for the intergenerational equity principle to be foundational to civilization and our economy. Too often, our inherited wealth is stolen on the excuse that these essential principles have not been articulated in the policy and laws. Now we have an excellent opportunity for all humans alive to directly impact the way our shared inheritance of mineral wealth is used in the future. We hope the Authority does the right thing for the future of of all human beings and all living creatures.”

TGF and TFWN say that deep sea mining is starting and the International Seabed Authority is finalizing the terms of extraction, and how the mineral sale proceeds will be utilized. They say, “It is apparent that we have little idea either about the value of the minerals in the Area, or its environmental resources. We also have little idea of the damage extraction will ensure. If the Authority contracts to sell our wealth without knowing its value, we will almost certainly suffer a loss. On behalf of humankind, the Authority must place a moratorium on extraction until we have a far better understanding of the value of what we have inherited.”

The organizations now demand that the Authority keep the intergenerational equity principle at the center of its thinking. Since extraction is effectively the sale of the mineral wealth, intergenerational equity requires Zero Loss in value of the minerals extracted, saving the entire mineral sale proceeds in a Global Future Generations Fund and distributing only the real income of the fund as a Global Commons Dividend, equally to all humankind as a right of ownership.

The complete demand letter by TGF and TFWN may be read here.

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Led by the All India KisanMahaSabha (AIKMS) on November 6, 2019 thousands of sand mine workers assembled at Bheeta hill to protest against the ban on boats, use of machines by sand mafia and lodging of false cases against leaders of sand workers.

Workers from more than fifty villages – from Allahabad, Kaushambi, and Mau where work has been effected and more than 1 lac families have been rendered jobless, gathered to protest against the illegal sand mafia and the complicit administration.

To support the workers in their quest for justice, the rally was led by members of the AIKMS, advocates and other leaders from villages where workers have been affected. 

Giving a voice to the people who have been devoid of their rights, the leaders took charge to explain the misery of the workers – they are left with no income, their children are being expelled from school for the fees is not paid in time and the sick are suffering because there is no money to seek treatment for their ailments.

By stopping operations of the boats on river ghats and allowing the sand mafia to continue mining there, instead of mid-stream. It has been reiterated by several government organizations and corroborated by High Court orders from various states that mid-stream mining and dredging is a normal activity to clean the river bed and is not harmful to the environment as well.

The boats have been banned citing an order from the National Green Tribunal (NGT), which only states that JCB sand mining machines be removed from the site.

Several High Court orders also have banned the use of machines, but the administration has shown no respect for these judgments. When JCB machines dig up embankments to extract cheap sand, they destroy the aquatic and biotic life on embankments and also disturb the natural flow of the river. Leaders say that the Allahabad officials are refusing to accept this truth.

Leaders also alleged that PiyushRanjan, the lone lease holder is illegally charging Rs. 6,000 for a ravanna (receipt) for which he pays the government only Rs. 600.

In the rally, which is set to continue till the administration doesn’t heed to the demands of the locals, leaders requested the officials to dismiss the false cases lodged by the police against innocent protestors. The police, who are hand-in-glove with the mafia, have filed cases against people who are not engaged in mining under the Gangster Act which is not applicable in the matter.

Protestors and leaders have also requested that the administration include not just the revenue officials and contractors, but also the worker representatives and village pradhans in all decisions related to sand mining so that the interest of the workers are protected.

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Representation Image

Today, November 6, thousands of sand mine workers assembled at Bheeta Hill, Ghoorpur to discuss the problem of illegal sand mining and the ban on ‘boats’ on the river bank of Yamuna in Allahabad, resulting in massive unemployment.

The Yamuna valley villages are seething with unrest after the ban which has been imposed in the name of an order from the National Green Tribunal (NGT). While the NGT makes no mention of the stopping of boats, the order clearly mentions the ban on JCB machines.

Yet, giving in to the land mafia, not only has the illegal mining from the river bed mid-stream has not stopped, it has stolen the rights of sand workers while destroying aquatic and biotic life on the embankments. It has not only changed the course of the river but also made its riverbed unstable, thus disturbing the biodiversity of the region.

Several meetings have been held in last few days in Jagdishpur, Kanjasa, Amiiliya, Pratappur, Nanda Pura, Jalalpur, Mainapur, Khurd, Madaripur, Baswar, Palpur, Beekar, Lavain, Dehwa and other villages where sand workers have expressed their anguish on the issue.

The villagers have now called on the support of the All India KisanMahaSabha (AIKMS) in the matter and further their case to the Allahabad administration. The administration has agreed to look into the false charges in cases filed, where workers have been booked for illegal mining and mafia has been spared.

The AIKMS had earlier too sent a detailed report in the matter to the Allahabad Commissioner on December 10, 2018, but has failed to see any progress in the matter.

AIKMS has appealed to the officials to permit sand mining and use of boats, grant permits to boatmen and to not snatch the livelihood of more than a lakh families. The lone lease holder of the area, linked to BJP, is extracting huge profits by charging Rs 6000 for a permit for which he pays less than Rs 600 to the government, the AIKMS has said.

According to the calculation of an officer in mining department, sand mining worth Rs 55,000 crore is done every year in UP, of which 60 per cent is carried out illegally, which means a loss of Rs 33,000 crore.

It has also accused the police has deployed its own persons to extract bribes from trucks and tractors supplying sand.

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Meghalaya based rights activist Agnes Kharshiing has been awarded with the 11^th international Hrant Dink award along with Turkish activist against male violence Nebahat Akkoc. Kharshiing, in her course of work, narrowly escaped an assault by the coal mafia merely a year ago.

The award commemorates the memory of Turkish-Armenian journalist Hrant Dink who was killed in 2007 in Istanbul, Turkey.

“We can do so many things to fill children’s hearts with love, not fear, “ Agnes Kharshiing

2009 onwards, the award is presented to activists, individuals and organisations world over working to fight discrimination, racism and violence, and especially those who take personal risks for achieving those ideals, break the stereotypes and use the language of peace and inspire others by their work.

As per the award committee Ms. Kharshiing, 59, was chosen for “defending the rights of the poor, women, children and disadvantaged groups where she lives as well as for environmental rights”. Ms. Akkoç, based in Turkey’s Anatolia, was awarded for “working to raise awareness about women’s rights and to struggle against male violence”.

On December 31, 2018, CJP had, in its 2018 Listings (Making India Stronger with Courage and Compassion Meet the Human Rights Defenders who inspired millions in 2018) included the spunky Ms Kharshiing in the list.

Kharshiing has come to be known as the woman who chases trucks ferrying “illegally mined coal”. President of the Civil Society for Women’s Organisation, she and her associate, Amita Sangam were on November 8, 2018, assaulted by a mob during one of their many “surveillance” trips to Meghalaya’s East Jaintia hills, a district rich in coal and limestone. As many as 40 men allegedly involved in the banned rat-hole coal mining and illegal coal trade attacked their vehicle and severely injured Kharshiing. They had blunt weapons in their hands. When her companion Amita asked to spare her, she was attacked too. Kharshiing fell unconscious after the attack. Amita called the police and asked them to take Kharshiing to the hospital. Kharshiing was in coma for a week and took almost three months to recover. She has been under medication and police protection since. In the same incident, Amita, who also got grievously hurt, especially on her head and fingers. She is a mother of seven children and has had “no support from any quarters” and because of this, has not been able to pursue the case. She expected better compensation from the government apart from just waiving off medical bills. The matter is still pending with the Assembly committee on empowerment of women.

One month after the attack on her, at least 14 miners were found trapped in an illegal “rat-hole” mine operating in the same district. Meghalaya has an estimated coal reserve of close to 600 million tones, concentrated in the Jaintia and Garo hills. The mines are known for their dangerous working conditions. The National Green Tribual (NGT), in April 2014, following a petition by the Assam-based All Dimasa Students’ Union and the Dima Hasao District, which alleged that mining in Jaiñtia hills was polluting the Kopili river, had ordered the suspension of all rat-hole coal mining in Meghalaya; however it allowed the transport of already- mined coal until January 31, 2019. The permissibility of transportation implied that rat-hole mining continued in the region, often by minor workers who are hired for their small size and ability to fit in narrow tunnels even as the suspension meant an end for the multi-crore business that had developed links across several states in the country and Bangladesh, and was allegedly financed by high-profile politicians and businessmen. This venture was too lucrative and anybody who would have opposed it would have invited trouble.

Hence, whoever dared highlight the continuing extraction has been silenced. On March 19, RTI activist and former president of the Jaiñtia Youth Federation, Poipynhun Majaw was attacked and found murdered at Khliehriat, the district headquarters of East Jaintia Hills.

About the attack on Kharshiing, even the office Chief Minister recognised the important role played by civil society in a democratic system. “Violence in any form will not be tolerated and the government will take all necessary steps to ensure that those behind the attack are brought to justice,” the press statement reportedly said.

A Federation of 13 plus Workers Unions of Meghalaya had condemned the attack on both the social activists in the state.

“Agnes Kharshiing is a person who fights for the poor and downtrodden people in the region. She has always fought against the illegal activities in the region in order to protect the environment and livelihood of workers like us. Hence, we urge the Meghalaya Government to ensure that the culprits get immediately booked,” said the members of Workers Unions.

Khashiing, has also been a fierce defender of women’s and communities’ rights and led several sit-ins and protests against the government for eviction of local communities from the land. She spoke against corporal punishment and bullying in schools and had condemned the appointment of an MLA Julius Dorphong accused for the rape of a minor girl.

She has also been extensively involved in exposing graft and lack of transparency in child nutrition programs. She advocated for programs supporting local food. She has been also crucial in rescue missions to Radhamadhab Road- a red light area in Silchar, Assam.

While accepting the award, she said, “People should raise their voices, help the vulnerable and support them when their human rights are violated”. She added, “It is only this way that humanity can overcome hate. There are so many things that we can do together to bring peace to the world and fill the hearts of children with love, not fear.”

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Attended by more than 260 participants from 100 organizations representing 21 states of India, it saw participation, among others, of eminent subject experts Roger Moody, Natalie Lowrey (coordinator, Deep Sea Mining Campaign and Yes to Life and No to Mining), Linda Chukchauk, BT Venkatesh (Reach Law), Rahul Basu (Goa Foundation). An mm&P note:

The gathering was very significant, as we see many human rights violations, attacks on rights defenders and non-implementation, and misinterpretation of various protective legislations is widespread. The gathering took place against the backdrop of 15 miners trapped in illegal rat hole coal mine in Meghalaya, the Supreme Court order on eviction of 9.5 million forest dwellers, the attack on Agnes Kharshiing, 116,198 illegal mining cases in 2017-18 (Ministry of Mines), and utilization of a mere 24% of total DMF funds of Rs 24,000 crore.

Roger Moody in his keynote address gave the overall picture of the devastations done by the extractive industries throughout the world. In addition to people’s resistance and movements against the big mining giants, technology and innovation should be adopted to optimize the benefit, he said.

According to Moody, what lies at the core of the struggle is the allegiance to Free Prior and Informed Consent (FPIC). Social License to Operate (SLO), ‘precarity’, the need to better address the vital challenges of workers’ rights, redefining the definition of ‘conflict minerals’ and adding more minerals into it, use of Blockchain technology as guide to the governments and companies to ensure sustainability.

Moody urged communities and mm&P alliance partners to call out names of the fraudulent and wasteful ventures and campaign in a vigorous, pro-active and a collective manner to reverse the situation.

Natalie Lowrey, speaking about the dreadful impact of deep-sea mining, presented a successful struggle from Papua New Guinea against deep sea mining in Bismark Sea by the Canadian Company Nautilus Minerals. The Solwara Indigenous community in Papua New Guinea successfully stopped the operation of Nautilus Minerals and is now lobbying with the government to stop deep-sea mining. The international Sea Bed Authority gave license to conduct 29 explorations in the Pacific Ocean Floor, which covers approximately 1.5 million sq km.

Linda Chukchauk, journalist from Meghalaya, presented the sad case of miners buried in rat hole coal mines in the East Jaintia Hills in Meghalaya. The Sixth Schedule of the Indian Constitution says that the minerals on and below the ground belong to the owner. This has led to extensive extraction of minerals especially coal. The land is dug in a rat hole manner and workers are forced to work in inhuman conditions inside these rat holes.

This proliferation has increased family feuds, excessive use of groundwater, soil erosion and ecosystem destruction, Chukchauk said. In 2015 the National Green Tribunal (NGT) banned illegal rat hole mining, despite the order, rat hole mining is continuing in illegal way. The way forward should be the implementation of NGT order and a collective movement by workers and environmentalists against the caustic rat hole mining.

Rahul Basu presented the need for creating a Future Generation Fund which, can be an asset for the future generations. This can be based on five guiding principles:
 

1. Natural resources are owned by the state as a trustee for the people and especially future generations.
2. As we have inherited the minerals, we must ensure future generations inherit either the minerals or their full value.
3. If we mine ​and sell our minerals, ​we must ensure Zero Loss. We must get ​the entire value of our mineral, other than extraction costs and a normal profit for the miner.
4. Like Norway, whatever we receive must be saved in a Fund for the people and especially future generations.
5. We own the minerals, we own the fund, we own the real income from the fund. Like Alaska, distribute the income only as a Citizen’s Dividend, equally to all as a right of ownership.

Women grassroots activists from mining affected areas presented their case and struggle against the extractive industries. Sadhana Meena spoke about the environmental and social impacts of zinc mining in Zawar region of Udaipur. Water contamination, stunting, malnourishment, decline in agriculture are the impacts of zinc mining by Hindustan Zinc Ltd Company.

In Jharkhand’s Dumka and Godda region prospective coal mining by Adani Group will have huge environmental and social impact. Munni Hansda speaking about mining in Jharkhand shared her success story of stopping RPG group from mining in Kathikund region of Dumka district.

Siya Dulhari spoke about the various developmental issues in Dabhaura region in Madhya Pradesh. Kusum Alam shared her struggle in Gadchiroli area of Maharashtra where multiple actors- state, Naxals and mining company are suppressing the local tribal community.
Occupational health was another important focus area which was discussed during the general assembly. SA Azad, speaking about silicosis said that it is an occupational health disease which diminishes the quality of health and life. If untreated it leads to death. Silicosis continues to be either deliberately or by lack of knowledge, ignored and unaddressed.

In majority of cases, said Azad, it continues to be diagnosed as tuberculosis and subsequently wrongly treated leading to worsening health condition of those affected. In many of the mining affected areas, women are single parents and/or themselves victims of silicosis but still forced to continue as mine labor as they have burden of sustaining their families. In Haryana they have been successful in getting compensation policy for victims of occupational health.

Bansilal Bhinjana from Rajasthan also shared his success of getting compensation for widows of silicosis victims. He along with his trade union is now fighting for a Rajasthan State Compensation Policy for silicosis victims as has been won in Haryana.

Ravi Rebbapragada, chairperson, mm&P, in his closing speech talked about the way forward for strengthening the mm&P Alliance as well as the local community struggle. He emphasized on collective movement involving the community, activists, lawyers, academicians, policy makers, local government and students to initiate change. Developing leadership among youth in the local communities will have high returns. He expressed his thanks and gratitude to the people for keeping the mm&P alliance live and vibrant for the past 20 years.

Ashok Shrimali, secretary-general, mm&P, motivated participants to carry forward movements that aim to bring social justice and equality. Women’s participation should be enhanced at local regional national and international level, he said. Access to information, legal aid and capacity of local communities will help realize the ideals of social justice, equity and justice.

Courtesy: Counter View

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The other two states, which saw a rise in illegal mining cases are Madhya Pradesh, by 1.86%, from 13,627 to 13,880, and Rajasthan 7.76%, from 3,661 to 3,945.

The data further show that, between 2010 and 2017, while “model” Gujarat saw 41,699 illegal mining cases, the rise over the years has been stupendous. In 2009, in Gujarat, 4,020 illegal mining cases were reported, which rose to 8,325, a whopping 107.09% rise.

The report also reveals that of Gujarat’s 6,499 illegal mining cases reported in 2016, FIRs were lodged in just 84 cases.

Revealing this, an authoritative report, based in data provided in Parliament, says, “Mining is considered illegal when it is done without a license or outside the licensed area and when more than the permissible amount is extracted.”

Coming down heavily on illegal mining, the Supreme Court in August 2017, had said that mining companies, which operated without environmental clearance, should pay compensation equivalent to 100% of the value of the minerals extracted illegally. Following the verdict, in February 2018, the apex court quashed all 88 mining leases in Goa ‘hastily’ renewed by the state government in 2015 to “benefit private mining leaseholders”.

Pointing out that these “these developments point to poor governance and resource management across the country”, the report, authored by Lalit Maurya, Sobhojit Goswami and Isha Bajpai, says, if one takes into account illegal mining cases since 2009, Maharashtra “tops the list of states”, witnessing a “28 per cent increase from 26,283 in 2009-10 to 33,621 in 2015-16.”
 

 

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The delegation submitting memorandum to Vishnu Deo Sai, Minister of State for Steel and Mines, Government of India

The memorandum talked of the impact of mining on children’s health, education and migration, the impact of illegal mining and legal compliance and liability, need for setting up of a District Mineral Fund (DMF), a Future Generations Fund (GMF), and recognition of tribal rights under (Panchayats Extension to the Scheduled Areas) Act (PESA), 1996 in the Schedule-V areas and the possible adverse impact of the proposed industrial corridors scheduled areas.

The delegation asked ministers, MPs and other senior politicians to take up the issues raised by them in the memorandum in Parliament, even as demanding appropriate actions. “Unfortunately, despite several strict rules, regulations and Acts, 90% of the mining in the country is illegal, and tribals are deprived of their basic rights in the mining areas. They are treated as untouchables, paying least attention to their opinion”, said Ashok Shrimali, general secretary, mm&P.

The delegation raised the issue of funds accrued under DMF that were intended to be used for the rehabilitation and development of the communities affected by mining, pointing out that DMF has still not being set up in the some of the states.

Voicing concern over the aggressive exploitation of natural resource and uncertainty of the future generations during the meeting with parliamentarians, Shrimali demanded setting up of an intergenerational equity fund, even as extending the landmark judgment on the creation of the Goa iron ore permanent fund, delivered by the Supreme Court in the case of Goa Foundation vs the State of Goa, across the country.

The delegation with Tribal Affairs Minister Jual Oram after submitting memorandum

The delegation raised concern over the recent notification issued by the Government of Maharashtra in October 2017, which dilutes the tribal villages’ power to oppose land acquisition for projects under the ambitious Mumbai-Nagpur expressway project. It said, the move has been faced opposition by tribal villages. Already, an ordinance has been issued overriding a 2016 notification, which had asked district collectors to take the concerned gram sabhas’ permission before allowing the sale of tribal land to non-tribals as guaranteed under the PESA.

Expressing concern over poor governance and apathy of state governments in  protecting the interest of tribals and in implementing the provisions of PESA and the Samata Judgment in fifth schedule areas across the country, the delegation requested Tribal Affairs Minister Jual Oram and Vishnu Deo Sai, Minister of State for Steel and Mines, Government of India, as also the MP from Raigarh, Chhattisgarh, to look into the matter and demanded appropriate action against the blatant violation of the provisions of the Act. The delegation demanded a proactive interest from the centre in implement the act in its true spirit, and suggested that there should be cooperative mining, and that tribals should be made shareholders in the mining project.

The delegation requested parliamentarians to take appropriate action with regard to 50% of the schedule areas of Gujarat, Rajasthan and Maharashtra being covered as part of the Delhi-Mumbai Industrial Corridor (DMIC) and its impact on the women and children of the concerned areas.
The delegation demanded:
 

1. Extension of the Samata judgment to all the scheduled areas.
2. The opinion of the local tribal people should be given priority or at least they should be approached before setting up a prospective mining lease.
3. Reduction in pollution created by developing dedicated corridor for transporting minerals, thus minimizing the impact on the community.
4. Setting up of DMF in all the concerned mining states and utilization of DMF funds for improving and developing the socio-economic condition of the communities directly affected by mining, especially children, women and aged people.
5. Inclusion of concerns related with children and women in the mining law.
6. Give preference to tribal cooperatives on leasing for mining activities for better utilization of resources and benefit sharing.
7. Extend the Supreme Court judgment on intergeneration equity/permanent fund (in the case of Goa Foundation vs State of Goa) across the country.
8. Rehabilitation/resettlement of the displaced tribal communities and livelihood opportunities for their income generation.
9. As per the Supreme Court judgment on the issue of Niyamgiri hills (Odisha), the consent of the Gram Sabha and the local tribals is a must with regard to the starting up of any new industrial project.
10. The Dhangars of Maharashtra, Lambadas of Odisha & Telengana and Charan Rabaris and Barwars of Gujarat receive facilities that are actually the right of the tribal population. It should be ensured that the tribal people are given priority in these matters.

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*The delegation consisted of Ashok Shrimali, secretary general, mm&P; Indu Netam from Bastar, Chhattisgarh; Savita Rath, of the Jan Chetna Manch, Raigarh, Chhattisgarh;. Sadhna Meena, founder-member, Adivasi Ekta Parishad, Udaipur, Rajathan; Siya Dulari, working for women’s rights in Rewa, Madhya Pradesh; Munni Hansda from Dumka, Jharkhand; Joseph Victor Raj from HOPE, Puducherry; and Deme Oram from Rourkela, Odisha.

Apart from two Central ministers, the memorandum was handed over, among others, to Harish Rawat, ex-CM of Uttarkhand; Dr Heena Gavit, BJP MP from Nandurbar, Maharashtra; Arjunlal Meena, BJP MP from Udaipur, Rajasthan; KK Ragesh, CPI-M MP (Rajya Sabha) from Kerala; Mansukhbhai Vasava, BJP MP from from Bharuch, Gujarat; Ramappa from the Scheduled Tribes Front (Congress) of Karnataka; Jitendra Chaudhury, CPI-M MPfrom Tripura East; CPI-M MP (Rajya Sabha) Brinda Karat from West Bengal; and Oscar Fernandes, Congress MP (Rajya Sabha) from Karnataka; Rajeev Gowda, Congress MP (Rajya Sabha) from Karnataka); and Mallikarjun Khadge, Congress MP from  Gulbarga, Karnataka

Courtesy: Counterview
 

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