TAG: GS 3: ECONOMY
THE CONTEXT: The Nagaland government faces a complex challenge in regulating small-scale illegal coal mining activities due to the constitutional provisions outlined in Article 371A.
EXPLANATION:
- The difficulties in implementing regulations have become more apparent after a recent tragedy in a rat-hole mine, prompting calls for stringent measures.
- We will look into the specifics of the issue, addressing the clash between regulatory efforts and constitutional safeguards.
Article 371A and Its Impact:
- Article 371A of the Indian Constitution, tailored for Nagaland, provides special provisions safeguarding land, resources, and Naga customary laws.
- When Nagaland (erstwhile Naga Hills and Tuensang Area) was given the status of a State by the Constitution (13th Amendment) Act 1962 in the Indian Union, Article 371A was inserted into Part XXI of the Constitution.
- Article 371A allows Special Constitutional Provisions to the State and thus reads:
- Notwithstanding anything in this Constitution, no Act of Parliament in respect of
- Religious or social practices of the Nagas,
- Naga customary law and procedure,
- Administration of civil and criminal justice involving decisions according to Naga customary law,
- Ownership and transfer of land and its resources,
- Shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides.
- Notwithstanding anything in this Constitution, no Act of Parliament in respect of
- However, this constitutional protection poses a significant obstacle for the Nagaland government in its attempts to regulate and bring accountability to small-scale coal mining operations.
Coal Mining Landscape in Nagaland:
- Nagaland has 45 coal mining license holders spread across five districts – Longleng, Mokokchung, Mon, Tuensang, and Wokha.
- These districts have become hotspots for numerous illegal and unscientific coal mining activities, posing threats to human and environmental health.
- A recent incident in a rat-hole mine in Wokha, where six miners lost their lives in an explosion, has intensified the need for effective regulation.
- The coalition government led by Chief Minister Neiphiu Rio has faced public pressure to address the safety and environmental concerns associated with coal mining.
Article 371A as a Hurdle:
- During the Nagaland Assembly session, Chief Minister and Deputy Chief Minister acknowledged that Article 371A complicates efforts to ensure scientific and accountable coal mining practices.
- The constitutional provisions, combined with the prevailing community-based land-holding system, create challenges in holding mines accountable and enforcing responsible mining practices.
- Deputy Chief Minister highlighted the unique land rights conferred by Article 371A, making it more challenging to regulate illegal coal mining activities.
- Residents in coal-bearing areas often depend on such activities for sustenance, and there is a need for education on the adverse effects of these operations.
Rat-Hole Mining Dynamics:
- Nagaland’s coal mining policy allows for rat-hole mining due to the dispersed nature of coal deposits.
- Leases termed “small pocket deposit licenses” are granted to individuals, not companies.
- Despite the regulatory framework, illegal rat-hole mining persists, with individuals operating without proper clearances or adherence to mining plans.
- The Chief Minister emphasized the importance of reclaiming mined areas.
- He urged contractors and businesspersons involved in mining activities to take responsibility for land reclamation, ensuring the filling up of rat-hole mines and planting trees to prevent leaving barren land.
- The government stresses the need to hold violators of mining guidelines accountable.
Rat Hole Mining:
- Rat hole mining is a method of extracting coal from narrow, horizontal seams, prevalent in Meghalaya.
- The term “rat hole” refers to the narrow pits dug into the ground, typically just large enough for one person to descend and extract coal.
- Once the pits are dug, miners descend using ropes or bamboo ladders to reach the coal seams.
- The coal is then manually extracted using primitive tools such as pickaxes, shovels, and baskets.
Conclusion:
- The clash between coal mining regulations and the protective measures outlined in Article 371A creates a complex regulatory landscape in Nagaland. The recent tragedy has underscored the urgency for effective regulation to ensure the safety of miners and mitigate environmental risks. Balancing the constitutional safeguards with the need for sustainable mining practices poses a significant challenge, requiring a nuanced approach and collaborative efforts from various stakeholders.