The situation of unregulated mining across the state of Meghalaya has attracted a huge attention in the past decade all over the country which has had a huge impact on the environment and the hardships encountered by the poorest and the farmers and the huge agrarian population in the state.

 

In the past few years complaints and even Litigations in the form of Public Interest Litigation (PIL) were also filed and thus lead to the creation of various committees by and also the state government’s plans to have a firm Mineral Policy.

 

Regarding the same a meeting on the subject ‘The state of Mining in Meghalaya associated challenges and the Way Forward” was on Monday held at Don Bosco Technical School, Shillong. The meeting was convened by the Center for Science and Environment and Samrakshan Trust.

 

The meeting stressed upon the objective of encouraging greater civil society participation in the debate around mining; moving the debate on the subject forward and try and evolve solutions that can be presented to the state government; engaging the state government actively and formulate a plan for the regulation of mining in the state. The meeting was attended by various Non Government Organizations like the Khasi Students union, iCARE, All Jaintia Youth Welfare Organization, the CSWO, Meghalaya Adventures Association and various other organizations and environmental activists and even the Meghalaya State Pollution control Board.

 

Delivering the welcome address, Chandra Bhushan, of the Centre for Science and Environment, also gave an introduction about CSE.  He informed that the CSE also plans to have Water Quality tests conducted in various parts of the state and asses the water quality this year. 

There was also a discussion on the topic of the legality and applicability of the National Mining Laws in the state of Meghalaya which is a Schedule Six Area. A lecture on topic was given by an Advocate from Enviro Legal Defence Firm, S Chauhan. Chauhan informed that for a legislation passed by the center not to be applicable in the State of Meghalaya there must be a Notification from the President of India, Exempting the area but there is no such notification thus all the legislations on mining are applicable in the state.

 

“This means that mining lease is required irrespective of the ownership of the land” said Chauhan. Chauhan informed that there are various legislations pertaining to Mining viz some of the legislations for Regulation of Mines includes the Mineral Concession Rules, 1960, the Coal Mines (Nationalization) Amendment Act, 1976 and 1993; the Coal Mines (Conservation and development) Act 1974, and so on; the Legislations for health and safety of mine workers like the Mines Act 1952 and the Mines Rules 1955; the Legislations for Safeguarding the Environment like the Forest Conservation Act 1980, The Environment Protection Act 1986; Water (Prevention and Control of Pollution) Act 1974 and the Air (Prevention and Control of Pollution) Act 2981 are therefore applicable in the State of Meghalaya.

 

There was a long discussion which followed regarding the steps to be taken for safeguarding the environment. Some of the suggestions were from the Vice Chancellor of Martin Luther Christian University, G Kharkongngor who said “we need a concentrated effort to look into the environment aspects of it.”

The President of the Khasi Students Union, S Jyrwa said “the Government is the Culprit here, no one has obtained lease and if mining is illegal then why is DMR (Directorate of Mineral Resources) collecting Royalty?”

 

MAA, president, B Kharpran said “the forests in Jaintia Hills are disappearing fast, wherever you go there is destruction’. “Caves are systematically being destroyed and so is the unique cave lives” added Kharpran who also informed that there were creatures in these caves especially in Nongkhlieh area which are never to be found in any part of the World like the Loach Fish, spiders and more are yet to be discovered.

Some other speakers said that the Mineral Policy is just an eyewash, as it will not be different from all the other state policies which never came to force.

 

Later the meeting came into a resolution that there was a need to form a state forum to look into matters pertaining to mining and other environment related issues by implementing various laws in the state as the state is being affected tremendously.

 

It may also be mentioned here that an RTI application filed by the Garo Hills Anti-Mining and Conservation Forum (GHAMCF) with the Ministry of Coal, New Delhi, and the Directorate of Mineral Resources, Shillong, it has been found that Meghalaya has not been exempted from any mining laws of India. This is contrary to the common perception that the state is exempted from the Coal Mines (Nationalization) Act, 1973, and as amended in 1976, being the main law governing the eligibility to mine coal.

 

The RTI application has also revealed that none of the mines operated by locals in Meghalaya have lease or sub-lease, mining plans, safety features, forest clearance and environmental clearance.

Some of the gross violations of mining are Section 3, Sub-section (3) (a) of the Coal Mines (Nationalization) Act, 1973 as amended in 1976, which restricts the eligibility of an individual to mine coal only after receiving a sub-lease from the government; Violation of the Mines and Minerals (Development  and  Regulation) Act, 1957 as no reconnaissance license, prospecting license or lease as required under Section 4 sub-section (1) of the Mines and Minerals (Development and Regulation) Act, 1957; Violation Section 16 of the Mines Act, 1952 by not giving any notice of mining operation  to the chief  inspector of the Indian Bureau of Mines and the district magistrate of the district in which the mine is situated. Section 19, 20 and 21 have also been violated regarding providing drinking water, conservancy and medical appliances as specified in the respective sections of the Mines Act, 1952.