Context:
Delineating the ubiquitous issue of illicit rat hole mining of the north eastern India, recent floods in Umrangso, Assam (January 6, 2024) have trapped nine miners and killed four at least. In spite of legal prohibitions and judicial injunctions, implementation is very lax, providing dominant coal mafias and political factions with free rein to continue mining in risky and exploitative manners.
What is Rat Hole Mining?
Reasons for Illegal Mining Continuation
Growth of Coal Mining and Rat Hole Practices
- Industrial demand from West Bengal and Bangladesh fueled the growth of coal mining in Assam and Meghalaya since the 1980s.
- The difficult terrain proved mechanized extraction to be impractical, thereby setting up an environment conducive to the riskiest practice of mining: rat hole mining.
- There are two forms of rat hole mining:
- Extraction of coal from sloping hills.
- Pits as deep as 400 feet with lateral tunnels.
- These processes are highly dangerous for miners and heavily harm the environment.
Labour Exploitation and Child Trafficking
- Migrant laborers, stuck in debt cycles, are brought in by Sardars (labour agents) under exploitative labor conditions.
- Child trafficking has been reported, as children can navigate through small tunnels and are easy targets for abuse.
- Children and untrained workers are pushed into the death of 26,000 mine entrances, where 200 workers are employed in shifts in different mines during the day.
Weak Law Enforcement and Political Interference
- NGT prohibited rat hole mining in 2014, and this was upheld by the Supreme Court in 2019.
- Yet illicit mining continues, and much of the time with the help of coal mafias, local politicians and bureaucrats.
- Whistle blowers like officers and activists have received threats and intimidation.
Regulatory Loopholes and State Level Complicity
- A few states take advantage of legal loopholes to essentially sidestep national mining legislation.
- Meghalaya exceptionally sought an exemption thereto from Constitution Schedule 6, Paragraph 12A(b) for the rules of regulation of coal mining to be applied independently.
- Although the exemption is still pending approval, the State Assembly has already forwarded a resolution seeking it, showcasing political reluctance to implement the ban.
- Specifically, Assam does not have strict state level laws, which makes prosecution against illegal mining difficult.
Call for Proactive Action and Judicial Intervention
- The Gauhati High Court took suo motu cognizance on January 29, 2024 of the Umrangso case and brings new hope for accountability.
- Nevertheless, although intervention by the court is anticipated, interfering alone will not be enough unless the current governments are always proactive in applying the law and not simply applying the law once disasters occur.
- Therefore holding the actions of the Assam and Meghalaya authorities not to stop illegal mining illegal in itself is squarely against Article 21 (Right to Life) of the Constitution of India.
Multi Layered Solutions Proposed
Strengthening the Legal Framework and Policy
- Revise the MMDR Act to make rat hole mining illegal with stringent punishment under Section 21.
- Increase state level enforcement by establishing state specific mining regulations under Section 23C.
- Enable whistleblowers and secure local officials and activists revealing illegal mining.
Technological Interventions for Monitoring and Enforcement
- Tracking of satellites to monitor illegal mining operations.
- Expand the Mining Surveillance System (MSS), which performed exceedingly well in Karnataka, to the northeastern states.
Alternative Livelihoods
- Encourage eco tourism, sustainable forestry, and skill based employment to discourage reliance on illegal mining.
- Rehabilitate impacted workers through vocational training programs.
Empowerment of People’s Participation and Forest Rights
- Make it mandatory for research to put the Forest Rights (Recognition of Forest Rights) Act, 2006, into practice whereby local community agreement is necessary before mining operations may be initiated.
- Equip local governing mechanisms (village councils, NGOs and others) to identify and report infractions.
In order to eliminate illegal mining and bring about a restructured economy through safe mining practices, we require strengthening of the legal framework, alternative employment generation, technological intervention and community mobilization.
