ILLEGAL MINING

Copyright infringement not intended

Picture Courtesy: https://www.hindustantimes.com/cities/chandigarh-news/punjab-has-no-tech-mechanism-to-check-illegal-mining-says-cag-101706725773045.html

Context: The Supreme Court of India has ordered the Rajasthan government to shut down 68 mines operating within a 1 km periphery of the Sariska tiger reserve.

Details

• The Supreme Court of India has been actively involved in efforts to stop illegal mining activities in and around the Sariska Tiger Reserve since the early 1990s. The ongoing struggle to protect the reserve has faced numerous challenges, including unclear boundaries and repeated violations of environmental laws.

Background Issues and Challenges

Uncertain Boundaries

• Forest Boundaries: The lack of clear demarcation of forest boundaries has been a persistent issue. Local people and villagers have demanded clear boundaries to prevent illegal mining operations from being legalised on paper by showing locations outside the reserve.
• Records and Maps: Inconsistent and missing land records have compounded the problem. The Sariska management claimed to have lost several land records, and the Survey of India withdrew from demarcation efforts due to unreliable maps and records.

Legal and Administrative Actions

• Illegal Leases: In the 1980s, Rajasthan issued mining leases inside the reserve based on no-objection certificates (NOCs) from officials who lacked the authority to issue them. The SC rejected Rajasthan’s proposal to swap illegal mines with revenue land.
• Tiger Conservation Plan: Due to the lack of demarcated boundaries, Sariska’s Tiger Conservation Plan was delayed until 2014-15 when a management map was finally prepared, albeit with a disclaimer against its legal authenticity.

Sariska Tiger Reserve ●Sariska Tiger Reserve is a tiger reserve in Alwar district, Rajasthan. ●It was declared a wildlife sanctuary in 1958 and became part of India's Project Tiger in 1978. ●In 1982, it was declared a national park, covering 273.8 km2. ●The reserve is the first in the world to successfully relocate tigers and is an important biodiversity area in the Northern Aravalli leopard and wildlife corridor. ●The reserve is rich in mineral resources, such as copper, and is part of the Aravalli Range. ●Places of interest in Sariska Tiger Reserve include Sariska Palace, Kankwadi Fort, and Temple of Neelkanth.

Illegal Mining

• Illegal mining refers to the unauthorised excavation and extraction of minerals without the necessary permissions or in violation of applicable laws and regulations. This includes mining in prohibited areas, exceeding permitted extraction limits, and not adhering to environmental and safety standards.
• Illegal mining impacts the environment, economy, and local communities. It leads to deforestation, loss of biodiversity, water pollution, and soil degradation. Economically, it causes substantial losses in government revenue due to unreported and untaxed mineral sales. Socially, it can lead to conflicts, displacement, and adverse health effects on local populations.

Causes of Illegal Mining

Economic Factors

• High demand for minerals: India’s rapid industrialization and urbanisation have led to a surge in demand for minerals like coal, iron ore, bauxite, and limestone. This high demand often exceeds the legal supply, creating opportunities for illegal mining.
• Unemployment and poverty: In regions with limited economic opportunities, illegal mining becomes a source of livelihood. Local populations, driven by poverty and lack of jobs, often engage in or support illegal mining activities.
• Profit motives: The potential for high profits from illegal mining attracts both small-scale operators and large criminal networks. The lower operational costs and avoidance of taxes and royalties make illegal mining extremely lucrative.

Regulatory Gaps

• Weak enforcement of mining laws: India’s regulatory framework for mining is often poorly enforced due to lack of resources, corruption, and bureaucratic inefficiencies. This creates an environment where illegal mining can thrive.
• Lack of transparency in the allocation of mining rights: The process of granting mining leases and permits in India can be opaque, leading to favouritism and the illegal allocation of mining areas. This lack of transparency can result in unauthorized mining activities.

Political Factors

• Corruption: Corruption at various levels of government enables illegal mining. Officials may accept bribes to overlook illegal activities, issue false permits, or provide protection to illegal miners.
• Political patronage: In some cases, illegal mining operations are supported or protected by powerful political figures. This patronage ensures that illegal miners can operate with impunity, complicating enforcement efforts.

Social Factors

• Lack of awareness among local communities: Local communities often lack awareness of their rights and the laws governing mining activities. This ignorance can be exploited by illegal miners who may mislead or coerce locals into participating in or tolerating illegal mining.
• Displacement and inadequate rehabilitation of affected populations: Mining activities, both legal and illegal, can lead to the displacement of local populations. Inadequate compensation and rehabilitation measures push displaced people into illegal mining as a means of survival.

Illegal mining in India is a complex issue driven by economic needs, regulatory weaknesses, political corruption, and social challenges. Addressing this problem requires a multifaceted approach, including strengthening regulatory frameworks, ensuring transparent allocation of mining rights, combating corruption, raising awareness among local communities, and providing better economic opportunities and rehabilitation for affected populations.

Types of Mining

Surface Mining

• Surface mining involves removing the earth's surface to access mineral deposits located close to the surface. Illegal surface mining can lead to extensive environmental destruction, including deforestation, soil erosion, and pollution of water bodies.
• Open-pit Mining: Open-pit mining, also known as opencast or open-cut mining, involves digging a large pit in the ground to extract minerals that are near the surface. This method is commonly used for extracting minerals like copper, gold, iron, and coal.
• Quarrying: Quarrying involves extracting building materials like stone, sand, gravel, and slate from the earth's surface. This type of mining is often used for construction materials.

Underground Mining

• Underground mining involves creating tunnels or shafts in the earth to reach mineral deposits located deep underground. Illegal underground mining is particularly dangerous due to the lack of proper safety measures and the risk of tunnel collapses.
• Shaft Mining: Shaft mining involves digging vertical or near-vertical tunnels, known as shafts, to access deep underground mineral deposits. This method is often used for mining coal, gold, and diamonds.
• Drift Mining: Drift mining involves creating horizontal tunnels, known as drifts, into the side of a hill or mountain to access mineral deposits. This method is commonly used for mining coal and precious metals.

Impacts of Illegal Mining

Environmental Impacts

• Deforestation: Illegal mining often involves clearing large areas of forest to access mineral deposits. Deforestation disrupts ecosystems, reduces habitat for wildlife, and contributes to climate change by releasing carbon stored in trees.
• Soil Erosion: The removal of vegetation and topsoil during illegal mining operations exposes the land to erosion by wind and water. Soil erosion reduces soil fertility, increases sedimentation in water bodies, and leads to land degradation.
• Water Pollution: Illegal mining activities release various pollutants into nearby water bodies, including heavy metals, chemicals used in mining processes, and sediment. This pollution contaminates water sources, harming aquatic life and posing risks to human health.
• Loss of Biodiversity: Destruction of habitats due to illegal mining leads to a loss of biodiversity, including plants, animals, and microorganisms. This loss can disrupt ecosystems, reduce genetic diversity, and threaten the survival of endangered species.

Economic Impacts

• Loss of Revenue for the Government: Illegal mining deprives governments of revenue that could be generated through legal mining operations. Taxes, royalties, and other fees that would contribute to public services and infrastructure are lost.
• Market Distortion: Illegal mining can lead to an oversupply of minerals in the market, driving down prices and affecting the profitability of legitimate mining companies. This distortion can destabilize commodity markets and discourage investment in legal mining activities.
• Damage to Legitimate Mining Operations: Illegal mining undermines the competitiveness and sustainability of legal mining operations by circumventing regulations, undercutting prices, and creating unfair competition.

Social Impacts

• Health Hazards to Local Communities: Illegal mining activities expose local communities to health risks from air and water pollution, exposure to toxic substances, and accidents. Miners and nearby residents may suffer from respiratory problems, skin diseases, and other health issues.
• Displacement of Communities: Illegal mining operations often encroach on land inhabited by indigenous or local communities, leading to forced displacement and loss of livelihoods. Displacement can result in social unrest, poverty, and cultural disintegration.
• Increase in Crime Rates: Illegal mining areas often experience an increase in crime rates, including theft, smuggling, and violence. Criminal syndicates may exploit vulnerable communities and engage in other illegal activities, such as drug trafficking and human trafficking.

Safety Impacts

• Unsafe Working Conditions: Illegal mining operations typically lack safety regulations, protective equipment, and proper training for workers. Miners face hazards such as cave-ins, collapses, explosions, and exposure to toxic gases.
• Accidents and Fatalities: The absence of safety measures and oversight in illegal mining leads to a higher incidence of accidents and fatalities. Miners are at risk of injury or death from workplace accidents, collapses of tunnels or shafts, and exposure to hazardous substances.

Illegal mining poses significant and far-reaching consequences for the environment, economy, society, and safety. Addressing these impacts requires coordinated efforts by governments, regulatory agencies, law enforcement, mining companies, and local communities to enforce regulations, promote sustainable practices, and provide alternative livelihoods for affected populations.

Regulatory Framework for Mining in India

National Laws and Policies

• Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act): The MMDR Act is the primary legislation governing the mining sector in India. It regulates the development and management of mineral resources and governs the grant of mineral concessions, including prospecting licenses and mining leases.
• National Mineral Policy: The National Mineral Policy provides guidelines for the sustainable development of mineral resources in India. It aims to promote the exploration, exploitation, and conservation of minerals while ensuring the welfare of local communities and environmental protection.
• Environmental Protection Act, 1986: The Environmental Protection Act establishes regulatory mechanisms for environmental protection and pollution control in India. It empowers the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) to enforce environmental standards and regulations in the mining sector.

State Laws and Policies

• State-specific Mining Policies: Each Indian state has its own mining policies and regulations, which complement the provisions of the MMDR Act. These policies outline state-specific rules for mineral exploration, extraction, and environmental management.
• State Pollution Control Boards (SPCBs): SPCBs are responsible for enforcing environmental regulations at the state level. They monitor and regulate pollution from mining activities, issue environmental clearances, and ensure compliance with environmental standards.

Enforcement Agencies

• Ministry of Mines: The Ministry of Mines is the apex body responsible for formulating and implementing policies related to mineral resources in India. It oversees the administration of the MMDR Act and coordinates with state governments and regulatory agencies.
• Indian Bureau of Mines (IBM): IBM is a subordinate office under the Ministry of Mines and serves as the principal regulatory authority for the mining sector. It is responsible for granting mineral concessions, conducting mineral exploration, and ensuring compliance with mining laws and regulations.
• State Mining Departments: State Mining Departments, under the jurisdiction of respective state governments, regulate mining activities within their territories. They issue licences and permits, conduct inspections, and enforce mining laws at the state level.
• Central and State Pollution Control Boards: The Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) are statutory bodies mandated to prevent and control pollution from industrial activities, including mining. They monitor air and water quality, enforce pollution control measures, and impose penalties for non-compliance.

Challenges in Combating Illegal Mining

Inadequate Enforcement Capabilities

• Enforcement agencies often lack sufficient resources, manpower, and technical expertise to effectively monitor and enforce mining regulations. Limited funding, outdated equipment, and insufficient training contribute to gaps in enforcement, allowing illegal mining activities to persist.
• Inadequate enforcement undermines regulatory efforts, leading to environmental degradation, loss of revenue, and compromised safety standards in mining operations.

Corruption and Political Interference

• Corruption within regulatory bodies and political interference undermines the enforcement of mining laws. Bribery, collusion, and patronage relationships enable illegal mining operators to evade penalties and continue their activities with impunity.
• Corruption erodes public trust, distorts market dynamics, and fosters a culture of impunity, perpetuating illegal mining practices and exacerbating social and environmental consequences.

Lack of Coordination Among Agencies

• Fragmentation and overlapping jurisdiction among government agencies responsible for mining regulation result in coordination challenges. Inconsistent enforcement practices, jurisdictional disputes, and bureaucratic inefficiencies hinder efforts to address illegal mining comprehensively.
• Lack of coordination leads to ineffective enforcement, allowing illegal miners to exploit regulatory loopholes and evade detection. It also contributes to regulatory inconsistencies and undermines the rule of law.

Insufficient Technological Infrastructure

• Outdated or inadequate technological infrastructure limits the monitoring and surveillance capabilities of enforcement agencies. Lack of access to modern tools, such as geospatial technologies and digital monitoring systems, hampers efforts to detect and deter illegal mining activities.
• Inadequate technological infrastructure diminishes the effectiveness of enforcement efforts, making it difficult to identify and respond to illegal mining incidents promptly. It also impedes data collection and analysis, hindering evidence-based decision-making.

Difficulty in Monitoring Remote and Inaccessible Areas

• Many mining sites are located in remote, rugged, or densely forested areas, making them challenging to monitor effectively. Limited accessibility, rugged terrain, and lack of infrastructure hinder surveillance efforts, allowing illegal mining to occur undetected.
• Difficulty in monitoring remote areas enables illegal miners to operate with minimal oversight, exacerbating environmental damage, and compromising the sustainability of natural resources. It also poses safety risks to enforcement personnel and exacerbates conflicts with local communities.

Technological and Innovative Solutions for Combating Illegal Mining

Geospatial Technologies

• Geospatial technologies, including geographic information systems (GIS), satellite imagery, and global positioning systems (GPS), enable precise mapping and monitoring of mining activities. These technologies provide real-time spatial data on mining operations, land use changes, and environmental impacts, facilitating informed decision-making and regulatory enforcement.

Remote Sensing

• Remote sensing technologies, such as aerial and satellite imagery, offer a bird's-eye view of mining sites and surrounding areas. These technologies capture high-resolution imagery and multispectral data, allowing for the detection of illegal mining activities, environmental disturbances, and land cover changes.

GIS Mapping

• Geographic Information Systems (GIS) enable the creation, analysis, and visualization of spatial data related to mining activities. GIS mapping tools integrate diverse datasets, including geological, environmental, and socio-economic information, to generate interactive maps and spatial models for monitoring and management.

Digital Tools

• Digital tools, such as web-based platforms, mobile applications, and data analytics software, streamline data collection, analysis, and reporting in mining regulation. These tools facilitate real-time communication, stakeholder engagement, and information sharing among government agencies, industry stakeholders, and local communities.

Drones and Satellite Surveillance

• Unmanned aerial vehicles (drones) and satellite-based surveillance systems enable aerial reconnaissance and monitoring of mining sites, forested areas, and protected habitats. Equipped with high-resolution cameras, sensors, and real-time data transmission capabilities, drones provide cost-effective and non-invasive means of surveillance.

Conclusion

• Addressing illegal mining necessitates a comprehensive strategy incorporating regulatory reforms, robust enforcement mechanisms, and the integration of innovative technologies like geospatial tools, digital platforms, and drones to enhance monitoring and enforcement efforts, safeguarding against environmental degradation and promoting sustainable mining practices.

Source:

Indian Express

Wikipedia

Britannica

PRACTICE QUESTION Q. Analyse the socio-economic factors that drive illegal mining activities in different regions of India. How do issues such as poverty, lack of alternative livelihood opportunities, and limited access to legal mining concessions contribute to the prevalence of illegal mining?