Context

• Illegal mining has emerged as a persistent and hazardous problem in Assam and Meghalaya, leading to devastating consequences for both human lives and the environment.
• The recent tragedy in Umrangso, Assam, where nine labourers were trapped in a flooded mine, is yet another example of the ongoing crisis.
• Despite repeated accidents and legal interventions, illegal mining continues unabated, largely due to weak enforcement, political and economic interests, and inadequate policy reforms.

 The Persistence of Illegal Mining

• The Historical Roots
  • The proliferation of illegal coal mining in Assam and Meghalaya can be traced back to the 1980s when industrial demand from West Bengal and Bangladesh led to the expansion of small-scale mining operations.
  • The region's difficult terrain made mechanised extraction challenging, prompting the widespread adoption of rat-hole mining, a dangerous technique involving narrow tunnels that put miners at significant risk.
  • Two forms of rat-hole mining prevail: side-cutting along hill slopes and box-cutting, where pits are dug up to 400 feet deep and coal is extracted horizontally.
• Influence of Powerful Coal Mafias
  • Despite a ban imposed by the National Green Tribunal (NGT) in 2014, upheld by the Supreme Court in 2019, illegal mining continues under the influence of powerful coal mafias and bureaucrats.
  • Migrant labourers, many trapped in cycles of debt and bonded labour, are lured into these hazardous jobs by exploitative labour agents known as ‘Sardars.’
  • Disturbingly, reports indicate that children are trafficked into these mines due to their small stature, which allows them to navigate the narrow tunnels.
• Legal and Administrative Challenges
  • Illegal mining persists is the failure of state authorities to enforce existing laws.
  • While the Meghalaya government has sought to exempt itself from national mining regulations under Schedule 6 of the Constitution, this effort remains unsuccessful.
  • The Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) obligates states like Meghalaya and Assam to prevent illegal mining, but enforcement remains lax.
  • Moreover, political and economic interests play a crucial role in sustaining illegal mining.
  • Coal mining generates substantial revenue, and local politicians often have stakes in these operations, leading to selective enforcement or outright neglect of legal provisions.
  • Whistleblowers and activists who attempt to expose these violations face threats, further weakening accountability mechanisms.

Consequences of Illegal Mining: Environmental and Human Costs

• The consequences of illegal mining are severe, affecting both human lives and the environment.
• Accidents like the one in Umrangso are common, with at least 30 miners losing their lives in Meghalaya over the past five years due to similar incidents.
• The hazardous working conditions of rat-hole mines expose labourers to fatal risks, with many deaths going unreported.
• Environmentally, illegal mining has caused severe degradation. The unregulated extraction of coal has led to deforestation, water contamination, and soil erosion.
• The abandoned mine openings, estimated to be around 26,000, pose ongoing risks, serving as potential death traps for both miners and wildlife.

The Way Forward: The Need for a Multi-Faceted Approach

• Stricter Legal Enforcement
  • The MMDR Act must be amended to explicitly criminalise rat-hole mining, with harsher penalties under Section 21.
  • Additionally, states should implement localized frameworks under Section 23C to ensure tailored enforcement mechanisms.
• Alternative Livelihoods
  • The reliance on illegal mining stems from economic necessity.
  • Promoting alternative employment opportunities, such as eco-tourism and sustainable forestry, can reduce dependence on coal mining and provide safer, legal sources of income.
• Technological Solutions
  • Advanced monitoring techniques, such as satellite-based surveillance, can help track illegal mining activities.
  • The Ministry of Mines’ Mining Surveillance System, which has been successful in Karnataka, could be implemented in Assam and Meghalaya to enhance enforcement.
• Community Involvement
  • Strengthening local governance by enforcing the Forest Rights Act, 2006, and ensuring community consent before granting mining permits can help hold mining operations accountable.
  • Empowering indigenous communities in decision-making processes can lead to more sustainable resource management.

Conclusion

• The Gauhati High Court’s suo motu cognizance of the Assam mining tragedy offers a renewed opportunity for meaningful reform.
• However, judicial interventions alone will not be enough unless proactive measures are taken to enforce existing laws, promote alternative livelihoods, and leverage technology to curb illegal mining.
• The continued failure of Assam and Meghalaya to prevent such activities not only constitutes administrative negligence but also violates the fundamental right to life enshrined in Article 21 of the Constitution.