TOPIC : THE ISSUE OF ILLEGAL MINING IN INDIA

THE CONTEXT: Recently, in an unfortunate incident, an office of Haryana police was mowed down by a dumper as he was trying to stop illegal mining. His death again highlighted the issue of illegal mining in the country and started a debate about the same. In this article, we will analyze the issue in detail and will try to give way forward to stop such activities.

HOW DEEP THE ILLEGAL MINING IN INDIA

• Haryana officer murder is only the latest in a string of killings of activists, journalists, law enforcers and whistle-blowers trying to uncover the menace of illegal mining in India.
• Stones, coal, iron, and other minerals and more frequently, and are illegally mined in India. The murders are usually carried out by the mafia, which in turn, are connected to powerful political leaders.
• According to data collected by SANDRP — South Asia Network on Dams, Rivers and People, five journalists/activists, 11 government officials, and 23 citizens/villages / farmers have been killed since January 2019 due to illegal sand mining in India.
• According to the last report of the National Crime Records Bureau released in 2020, 61,767 environment-related offences were committed in India.
• Of these, 199 offences related to the National Green Tribunal (NGT) were committed across the 29 states of the country. Maharashtra (33 offences), Meghalaya (93) and Uttar Pradesh (68) recorded the highest number of NGT-related offences.

Death toll in India due to illegal sand mining since January 2019 

WHY ILLEGAL MINING IN INDIA

India has grossly underestimated the issue of illegal mining, which damages the environment and causes revenue loss

• With the increase in the pace of development, the demand for minor minerals such as sand and gravel has crossed 60 million metric tons in India. This also makes it the second largest extractive industry on the planet, after water.
• However, while laws and monitoring have been made stringent for the mining of major minerals consequent to the unearthing of several related scams across the country, the fact is that rampant and illegal mining of minor minerals continues unabated.
• In many instances, one comes across gravel being removed from agricultural lands or fallow lands of the government near major highways or construction projects, as the contractor finds it easier and cheaper to do so even though the estimates for such work include the distance (called ‘lead’) to transport such gravel from authorised quarries.

Issue of regulation

• Unlike major minerals, the regulatory and administrative powers to frame rules, prescribe rates of royalty, mineral concessions, enforcement, etc., are entrusted exclusively to the State governments.
• The Environment Impact Assessment (EIA) Notifications of 1994 and 2006 made environmental clearance compulsory for mining in areas more than or equal to five hectares.
• However, the Supreme Court of India, after taking cognisance of a report by the Ministry of Environment, Forest and Climate Change on Environmental Aspects of Quarrying of Minor Minerals (2010) directed all State governments to make the requisite changes in the regulatory framework of minor minerals, requiring environmental clearance for mining in areas less than five hectares.
• Consequently, the EIA was amended in 2016, which made environmental clearance mandatory for mining in areas less than five hectares, including minor minerals.
• The amendment also provided for the setting up of a District Environment Impact Assessment Authority (EIAA) and a District Expert Appraisal Committee (EAC).
• However, a State-wise review of EACs and EIAAs in key industrial States such as Gujarat, Uttar Pradesh, Karnataka and Tamil Nadu shows that these authorities review over 50 project proposals in a day and the rejection rate at the State level has been a mere 1%.
• This raises a pertinent question on whether introducing clearances alone can help eliminate irregularities in the illegal mining of minor minerals. The situation now indicates that the problem is even more complex and widespread and that a robust technology-driven enforcement approach is required.

The problem has not been taken seriously

• The problem of illegal mining of minor minerals is often under-estimated, thus accentuating undesired environmental consequences. There have been numerous cases of the illegal mining of dolomite, marble and sand across the States. For example, in Andhra Pradesh’s Konanki limestone quarries alone, 28.92 lakh metric tonnes of limestone have been illegally quarried. However, the relentless pace of sand mining.

Apart from the above, there are many other reasons for such activities

• There is a lack of coordination within the Ministry of Environment and forests which led to illegalities and consequential ecological damage.
• There is also a lack of timely checks by the Indian Bureau of Mines (IBM).
• The boundary markings of the leased-out area are not clearly defined.
• One of the reasons that illegal mining thrives is the lack of timely renewals for mining.
• The responsibility is on the mine owners, who do not apply in time, and also on the various regulatory authorities where the applications are not processed in time.

WHAT ARE THE OBSERVATIONS BY AGENCIES?

• The United Nations Environment Programme, in 2019, ranked India and China as the top two countries where illegal sand mining has led to sweeping environmental degradation. Despite this, there is no comprehensive assessment available to evaluate the scale of sand mining in India.
• Nevertheless, regional studies such as those by the Centre for Science and Environment of the Yamuna riverbed in Uttar Pradesh have observed that increasing demand for soil has severely affected soil formation and the soil holding ability of the land, leading to a loss in marine life, an increase in flood frequency, droughts, and also degradation of water quality.
• Such effects can also be seen in the beds of the Godavari, the Narmada and the Mahanadi basins. As has been pointed out in a study of the Narmada basin, sand mining has reduced the population of Mahseer fish from 76% between 1963 and 2015.

IMPACTS OF ILLEGAL MINING

• Economic loss to the state exchequer as there is no royalty to be paid.
• Excessive sand mining can alter the riverbed, force the river to change course, erode banks and lead to flooding. It also destroys the habitat of aquatic animals and micro-organisms, besides affecting groundwater recharge.
• Illegal mining activities were identified as the cause of environmental problems such as water pollution, deforestation, poor soil fertility and limited access to land for agriculture productivity.
• It is not just damaging to the environment. Illegal mining causes copious losses to the state exchequer.
• As per an estimate, U.P. is losing revenue from 70% of mining activities as only 30% area is legally mined.
• Similarly, the absence of royalty has caused a loss of ₹700 crore in Bihar, while non-payment of various cesses due to unregulated mining resulted in a loss of ₹100 crore to Karnataka and ₹600 crore to Madhya Pradesh in 2016-17.
• Aravalli and Western Ghat are the two examples of illegal mining:
• Aravalli Hills:Illegal mining in Aravalli hills is rampant because it has a rich reserve of copper, lead, zinc, rock phosphate, soapstone, silica sand, limestone, marble and gypsum.The water ecology has been changing due to the illegal mining activities. Although many lakes in the Aravalli hills skirting south Delhi may be disappearing, but some new water bodies are popping up in the region that has been ravaged by mining in recent years. These water bodies have filled the depressions left by mine contractors.
• Western Ghat: Reports indicate that at least 5,000 quarries, both legal and illegal, operate in the Western Ghats. It appears 60 percent of them are illegal. Some of them are run by politicians, a few them members of the Legislative assembly, or their friends and relatives.Heavy rains flooded river basins and its impact was compounded by reckless construction along riverbanks. Watersheds, ponds and farmlands were flattened for construction activities.

WHAT ARE THE JUDICIAL INTERVENTIONS, AND WHAT WAS THE STATE RESPONSE?

• Judicial orders are often neglected by State governments.
• For instance, as in the report of the Oversight Committee by the National Green Tribunal (NGT), Uttar Pradesh (where illegal sand mining has created a severe hazard) has either failed or only partially complied with orders issued regarding compensation for illegal sand mining. Such lax compliance can be seen in States such as West Bengal, Bihar, and Madhya Pradesh too.
• A State-wide review of the reasons behind non-compliance suggests a malfunction of governance due to weak institutions, a scarcity of state resources to ensure enforcement, poorly drafted regulatory provisions, inadequate monitoring and evaluation mechanisms, and excessive litigation that dampens state administrative capacity.

WHAT SHOULD BE THE WAY FORWARD?

• Protecting minor minerals requires investment in production and consumption measurement and also monitoring and planning tools. To this end, technology has to be used to provide a sustainable solution.
• Satellite imagery can be used to monitor the volume of extraction and also check the mining process. Even for past infractions, the NGT and administrative authorities can obtain satellite pictures for the past 10 to 15 years and uncontrovertibly show how small hillocks of earth, gravel or small stone dunes have disappeared in an area. Recently, the NGT directed some States to use satellite imagery to monitor the volume of sand extraction and transportation from the riverbeds. Well-planned execution of these directions increased revenue from minor minerals mining in all these States.
• Additionally, drones, the internet of things (IoT) and blockchain technology can be leveraged to monitor mechanisms by using the Global Positioning System, radar and Radio Frequency (RF) Locator. State governments such as Gujarat and judicial directions such as the High Court of Madras have employed some of these technologies to check illegal sand mining.
• The state governments and the Indian Bureau of Mines (IBM) should coordinate better to see that the mine production sums up with the mining plan.
• Protecting minor minerals requires investment in production and consumption measurement and also monitoring and planning tools.

THE CONCLUSION: Illegal mining has become a serious issue in India. The incidents related to illegal mining, like the death of officers and tragedies, are daily events. Apart from it, impacts on the environment and   Economic loss to the state exchequer are some other negatives of such activities. Government should come up with strong regulations to stop it, and technology should be used to monitor these activities.

QUESTIONS TO PONDER

Discuss how the use of technology can be a game changer in stopping illegal mining in India.

Why the issue of illegal mining persists in India? What should be the way forward to stop such activities?