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    ContentsINTRODUCTION ............................................................................................................................................. 4

    THE MINING ECOSYSTEM .............................................................................................................................. 4

    RICH LANDS, POOR PEOPLE: THE FACT FILE.................................................................................................. 6

    THE MINING INDUSTRY AND ITS ECONOMICS .............................................................................................. 7

    The history ................................................................................................................................................. 8

    Mineral production in India ...................................................................................................................... 8

    Small scale mining ..................................................................................................................................... 9

    Mining and economy ................................................................................................................................ 9

    PEOPLE AND THE ENVIRONMENT: BEARING THE BRUNT OF MINING ....................................................... 10THE CHALLENGES OF GOVERNANCE: GREY AREAS IN THE LAW ................................................................. 16

    The loopholes:......................................................................................................................................... 16

    Various legislations:................................................................................................................................ 17

    Mining at what environmental cost:........................................................................................................ 18

    Environmental legislations: ......................................................................................................................... 19

    Environment Impact Assessment:........................................................................................................... 20

    Afforestation: inefficient formality ......................................................................................................... 20

    Pricing a forest: ....................................................................................................................................... 21

    Mine closure: .......................................................................................................................................... 21

    Employment and mining ......................................................................................................................... 22

    REHABILITATION: THE REGULATORY ROADBLOCKS ................................................................................... 22

    Laws related to mining ................................................................................................................................ 24

    Legalizing the encroachers .......................................................................................................................... 25

    The question of compensation .................................................................................................................... 26

    STAKE HOLDER ANALYSIS ............................................................................................................................ 27STAKE HOLDERS POINT: MR SIDDHARTH MAHESHWARI, GM MARKETING, JSW STEEL. .......................... 28

    In Orrisa: ................................................................................................................................................. 28

    SYSTEM INTERRELATION ............................................................................................................................. 30

    THE ISSUE OF COALGATE ............................................................................................................................ 31

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    EXCERPTS FROM: REPORT OF THE CHIEF MINISTERS COMMITTEE FOR DEVELOPMENT OF JHARKHAND:

    TRANSFORMING JHARKHAND, THE AGENDA FOR ACTION ........................................................................ 32

    Section 8.4: Increasing the Efficiency of InputsMines.................................................................... 32

    Known barriers(1) delays in obtaining mining approvals and clearances; (2) ................................ 32

    Successful mining laws need to be designed to: ................................................................................. 33

    Challenges:.......................................................................................................................................... 33

    Why the Governments fail to compensate the post mining conditions: ............................................ 33

    Regulatory flaws: ................................................................................................................................ 34

    Corruption:.......................................................................................................................................... 34

    Mismanagement:................................................................................................................................. 34

    CONCLUSION ............................................................................................................................................... 35

    REFERENCES ................................................................................................................................................ 36

    TABLE OF FIGURES ...................................................................................................................................... 36

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    INTRODUCTION

    Across the world, the mining industry has been hard selling dreams of development, employment

    and growth. It has been promoting the idea that mining will unleash growth in the backward

    areas and will pull the indigenous communities in the mainstream, thereby improving their lives

    and livelihoods. The book review on Rich lands, poor people was selected as a topic for this

    term paper due to the versatility of mining as an issue and the magnitude of its impact and

    consequences. In todays world we cant imagine a life without the mines and minerals which is

    leading to a situation which is unsustainable. The resources are depleting, the ecosystem is

    getting violated, and human health is affected and so on. The pros and cons are endless in this

    regard. The actual habitats are displaced in the name of development by some and the sometimes

    they are being deprived from the taste of development in the name of preserving their culture by

    the other. The mining industry in the Indian context is the victim of poor regulation, lack of rules

    and norms and large scale organized corruption. This industry is full of potential and scope but is

    being exploited at the costs of human and environment. The question is not on whether to give

    up on mining as an activity but the question is how mining as an essential activity in modern

    times can be done sustainably with positive impact on the people, environment and the human

    ecosystem.

    The mineral sector in India is booming. The demand in china is driving up prices to new heights.

    The government has already opened out the sector to private players. The contest is on. Ranged

    on one side are all the interests that define the incredible India dream and on the other side are

    people whose land is up for grabs, whose survival depends on the forests which will be needed

    for mining, whose animals graze on the lands where mining rejects will be dumped, whose water

    comes from the hills which will be blased. The life of these people is in their environment and its

    degradation is their devastation. This book studies the question of balance in this challenge. We

    know that we need a new contract. How we get is is the only question.

    THE MINING ECOSYSTEM

    A fast growing country has a voracious appetite for resources. Almost all countries depend on

    their natural resource wealth to fuel the industrial growth in their economy. Minerals, as an

    important part of the natural resource wealth, are essential for a nation which stands poised on

    the threshold of a promising future and must be extracted. However, the distinction between

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    growth and development in the economic sense must be kept in mind while dealing with the

    extraction of minerals.

    With over 20,000 known mineral deposits and recoverable reserves of more than 60 minerals,

    India is a mineral rich country. But the small truth that has been ignored or misunderstood overthe years is a simple fact that the mineral wealth of India lies under the same lands which hold

    most of Indias biologically diverse forests and water systems. Also, the most poorest and

    marginalized people inhabit these areas.

    Figure 1: The mineral ecosystem

    The mineral ecosystem consists of various stakeholders who include people (tribal people,

    scientists, academicians, doctors, pressure groups etc.), government (administration, politicians)

    MINERALS

    PEOPLE

    WATER

    SYSTEMS

    FORESTS

    BIODIVERSITY

    INDUSTRY

    GOVERNMENT

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    and industry (business houses, mining companies and contractors). All these have their own

    vested interests as far as their relationship with the land that holds minerals is concerned. Some

    of these relationships are good for these lands, for example the relationship between tribes and

    the forest lands. However, most stakeholders have an exploitative relationship with the lands that

    hold minerals resources of this country. In the name of extracting minerals for fuelling industrial

    growth, forests are razed, waterways are polluted and clogged, farmlands transformed into waste

    lands and people are evicted from their lands with little promise of compensation or

    rehabilitation.

    The book Rich lands, poor people tries to analyze the mineral ecosystem of India and the role

    of various stakeholders in it. It also tries to find the answer to the question that are the immense

    costs of mining commensurate with the development gains that mining promises and which

    governments harp on?

    RICH LANDS, POOR PEOPLE: THE FACT FILE

    The prime contributory factors for the progress of any nation are the fields of agriculture,

    forestry and mining. Out of these three, mining is a process that is finite. Minerals once

    consumed cannot be regenerated over a long period of time. More importantly, the devastation of

    other related processes in the mining ecosystem due to heavy and unsustainable mining has also

    caused irreversible damage. Mining was envisaged as a tool for bringing prosperity to the poor

    people and not as a tool for vested interests to make exorbitant profits without giving any

    developmental benefits to the original inhabitants of the mine lands. India is not the only

    country where mining is linked with poverty and poor developmental outcomes. A study by the

    world banks shows that the resource rich economies exhibit weaker institutions compared to

    resource poor countries. This means that institutional weakness and political economy are the

    main reasons behind the resource curse. In India, of the top 50 mineral producing districts,

    almost half are inhabited by tribals. The three tribal dominated states of Odisha, Chattisgarh and

    Jharkhand are the most productive mineral bearing states as well, together accounting for 70% of

    Indias coal, 80% of high grade iron ore, 60% of bauxite and almost all of chromite. An

    estimated 1.64 lakh hectares of forest land has been diverted for mining in India and this has

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    caused irreparable damage to the tribal population, biodiversity and the water systems. In

    Jharkhand alone, indigenous groups comprising 85 to 90 percent of the total population of the

    state have been worst hit by large scale exploitation of natural resources through the

    development of mines and exploitation of forests. Over 49 localities have been declared unsafe

    for human habitation in the Raniganj coal field alone. The role of mining changing the

    hydrological profile of a region is also being increasingly acknowledged and debated. About

    66% of the total land area of the upper Damodar valley has been affected by different forms of

    erosion. The banks of Mahanadi in Orissa also have bauxite on its banks and the local

    communities have fought against BALCO to protect the Gandhamardhan hills from where a

    number of springs feed the Mahanadi.

    All this points to an incontrovertible truth that mining, essential as it is, is not a simple dig and

    sell proposition for a country like India. Most of the political and administrative power goes

    into promoting and facilitating extraction of these resources instead of focusing on the

    development of the area. Orissa, Jharkhand and Chattisgarh are a strong case of such policies and

    institutional fallacies.

    THE MINING INDUSTRY AND ITS ECONOMICS

    In past years there has been a great surge in the demand of minerals and coal globally. This has

    made it imperative that global trend in mining skyrockets. In India too, the mining is taking place

    like never before. And the incentive of that mining is lucrative exports to China. Over the years

    we have witnessed that mining is considered to be a tool of development by the corporations and

    in most cases by many governments. It comes with a promise of providing employment and the

    much necessary boost to manufacturing industry which may end up in providing wings to the

    economy of the country. But are these claims true? Does the mining contribute to mining as

    much as it is touted to do so? Are we being acting blind to the other costs of mining? Are the

    mining laws enough to deter the unlawful and blindfold mining? The chapter number two of the

    book Rich land poor people provides us with some answers to above questions. The book also

    talks about the policies of the government and the laws which have been created to regulate the

    mining.

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    The History

    On the eve of independence, the annual mineral production in India was a mere Rs 58 crore. The

    decision of the formation of Indian Bureau of Mines (IBM) was taken in the Mineral Policy

    Conference held in January, 1947. After independence, a separate ministry was formed for coal

    and a ministry for other minerals strengthening the position that coal as a resource enjoy.

    Following the economic reforms of 1991 which promoted Liberalization, Privatization and

    Globalization (LPG), in 1993 National Mineral Policy (NMP) was formed.

    Initially 50 % Foreign Direct Investment was allowed in the industry. However, in February,

    2000 the FDI limit was increased to 74 % and in February, 2006 it was increased to 100 %.

    The Mines and Minerals Act, 1957 was amended 4 times in1972, 1986, 1994 and 1999. The first

    two amendments focused on increasing government control but the last two concentrated on

    bringing private investments to the mining sector. From 1993-94 to 2003-04, the mineral

    production has grown at a compounded annual growth rate of 10.7 %. Even after such an

    increase in production, the appetite of the industry has

    not been satisfied which resulted in doubling of

    minerals and metals prices during the period of 2002

    to 2005?

    Mineral production in India

    Public sector possess 25 % of the total operating

    mines in the country but produces 75 % of the total

    value of mineral production in the country. This again

    proves that the public sector is still equipped with better technology than the private sector.

    India is the exporter of chromites and bauxite with 17.7 % and 7 % global production comingfrom India. In case of fuel minerals, India has 7.6 % of global coal reserves which are nearly

    sufficient to meet domestic needs. Petroleum and natural gas reserves are limited. Of the metal

    ore mining, 75% is iron ore.

    In the last 10 years or so, we have

    not been allowed to hire technical

    and managerial level staff. The

    current situation is that there are

    not enough qualified officers to

    take the lead. We, therefore, are

    an organization which is heavy at

    the bottom and empty at the top,

    :-Senior officer, CIL

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    Small scale mining

    It is considered to be more profitable and highly productive.

    It employs more number of people as the new machine

    technology is costly enough for small scale mining. On the

    other hand some people also believe that small scale mining is highly polluting, unsafe and

    disruptive. There also have been incidences of women labor exploitation and child labor.

    Mining and economy

    Figure 2:Mining contribution to GDP

    Mining totals up to only 2.2 % of the GDP. As we can see from the graph, the contribution of

    mining to GDP was highest in 1990-91. But after the economic reforms it has dipped. Petroleum

    constitutes the majority of the mineral imports taking place in India. India has also started the

    import of coals. Today India imports 5 % of the coal used in the country.

    Three reasons for this deficit have been identified:-

    On an annual basis, we are still a

    coal-surplus country and imports

    hide this fact

    :-Senior officer, CIL

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    a) In coastal areas it is cheaper for countries to import coal from Indonesia and SouthAfrica.

    b) Indias coal is less efficient and high in ash content.c) Capacity constraints in public sector coal companies.

    PEOPLE AND THE ENVIRONMENT: BEARING THE BRUNT OF MINING

    Mining is an environmentally destructive activity. Historically mining has seldom benefitted

    those who are most affected by it. Be it displacement, botched rehabilitation efforts, ecological

    damage or pollution the weakest sections of society bear the brunt of it.

    Figure 3:Production , demand , imports and closing stocks

    Figure 4:value of imports

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    Displacement and rehabilitation:

    Involuntary displacement creates immense psychological trauma due to disruption in the

    established lifestyles of the people displaced. Loss of production systems, close knit kinship

    groups, traditional sources of employment, market links and customs related to food securityensure that the people remain impoverished even If they are compensated with cash. Walter

    Fernandes in his book Rehabilitation Policy and Law in India: A Right to Livelihood writes that

    many socio-economic surveys and other studies clearly establish that it is invariably tribal and

    poor people who suffer, whereas the fruits of development are enjoyed by richer classes and

    urban populations.

    The shift from underground coal mining to open-cast mining has contributed to a substantial

    number of peoples displacement. The likelihood of displacement and resettlement from mining

    increases as rich mineral deposits are found in areas with relatively low land acquisition costs,

    high population density, poor land tenure definition, politically weak and powerless populations

    and indigenous communities.

    In India, legal claim to the land is often not available with the tribals and scheduled castes, which

    absolves the government from providing them any compensation. N C Saxena estimates that

    only 29% of those displaced by development projects have been rehabilitated so far.

    Types of compensation:

    Cash compensation: Often seen as a preferable option since it gives people the option to improve

    their economic status by investing the money. However the packages offered in the Land

    Acquisition Act often do not reflect market prices for land and are totally inadequate for

    restoring and enhancing standards of living. Rampant corruption further ensures that most poor

    and ignorant oustees end up getting a small part of their compensation or sometimes no

    compensation at all. Often on receiving a large amount of money the receivers fritter it away.

    Land for land: This form of compensation is the most preferred option as it allows the ousted to

    continue with their occupation. However this is rarely done in India since land is scarce.

    Employment: Employment it given to at least one family member enabling the people to re-

    establish themselves in lesser time. Besides this they might also get free housing travel

    concessions and education for their children. But due to the demands of globalization and

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    rightsizing few companies prefer this alternative. Most of these people are unskilled hence the

    companies which want skilled workers do not hire from the local communities.

    Self-employment: More projects nowadays are attempting to provide self-employment as land or

    jobs can no longer be guaranteed. Displaced people are reluctant to accept self-employment as itinvolves drastic changes in their lifestyles and occupations. Another problem is the project

    affected families are seldom consulted during development and implementation of the packages.

    Destruction of forests

    Much of our countrys mineral reserves are in areas that are forested and have marginalized

    people living in them. Mining and quarrying has already taken a huge toll on our forest area.

    Every year the rate of destruction of forest lands is increasing with no signs of slowing down.

    During 1998 -2006, 216 mining projects were granted forest clearance annually- as against 19

    clearances annually during 1980-87.

    The tribal population relies on the forest as a safety net when times are tough. The forest

    provides them with food during the lean season and they depend upon forest produce to meet

    their day to day needs. With the destruction of forests the availability and productivity of the

    ecosystem is depleted leaving the tribal population more vulnerable to natural disasters and

    climate shocks. Examples of forests being destroyed for mining abound our country in plenty

    The Jamwa Ramgarh wildlife Sanctuary of Rajasthan, The Bhagwan Mahveer wildlifesanctuary of Goa and Narayan Sarovar Wildlife Sanctuary of Gujarat are a few of many. Even

    the Gir forest the last refuge of the Asiatic Lion has some 100 odd mines in a 10 km radius

    within the protected area.

    The Wildlife Protection Act of 2002 has no teeth to curtail the abuse of forestland. Under the

    FCA, 1980 a prior approval by the government is all that is required to change the status of

    reserve forests or protected forest land for non-forest uses.

    Water depletion:

    Mining consumes huge quantities of water and almost all mining areas have reported lowering of

    water table and depletion of ponds, lakes and streams. Annually limestone mining consumes 4.25

    Million Tonnes of water, despite the fact that limestone mining is the least water intensive

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    mining. Continuous dewatering by underground mines also affects groundwater. These mines

    pump out millions of litres to drain mine galleries and release water into nearby watercourses.

    Large and deep open-cast mines are even more catastrophic. Deforestation around the mine

    changes the water holding capacity of the area. Streams dwindle, perennial streams have turnedseasonal, while many others have receded.

    Mineral based industries like thermal power plants also consume a lot of water. TTPs use as

    much as 35,157 MT of water per annum or in other words the daily requirements of more than

    1,751 million people in a year. Most of the water is discharged as waste water into ponds and

    streams. Similarly, every tonne of steel manufacturing in India requires about 10-80 tonnes of

    water. The sector consumes 516 MT of water annually. The cement industry in contrast

    consumes only 0.5 MT per tonne of product. But the sheer number of cement plants in the

    country means up to 39 MT of water is used up every year. Most cement plants tap groundwater

    and most cement plants are located in water-scarce areas. Initiatives by the companies to supply

    water have not gained traction with the public.

    Mining and pollution:

    The trend towards bigger mines has resulted in increased pollution of air, water and soil in

    mining areas. The type of mining dictates the effect it has on environment. Generally surface

    mining has a much greater impact on the environment than underground mines. Large amountsof vegetation, soil and rock must be removed to expose the ore. The removal of overburden

    physically alters the landscape and disrupts the eco-system processes. Once removed improperly

    contained or stabilized piles of stored waste rock are prone to erosion threatening local soils and

    waterways.

    Mining of metals poses an additional threat due to the nature of waste created in the process.

    Toxic chemicals used in the extraction and processing of ores invariably damage the soil and lax

    safe disposal methods followed by the industries in India add to the problem. The sulphidessurrounding metal ores react with air and water to produce sulphuric acid which leaches into the

    soil making it unsuitable for plant life. Mining in forest area can devastate local biodiversity,

    water and soil and also change the micro-climatic conditions. Mountain-top mining not only

    changes the typography and aesthetics of the area, but also impacts the local hydrology and water

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    sources extensively: local streams become its first causalities. Good mining practices such as

    storing and preserving topsoil for future use are not followed by Indian mining companies.

    Only 0.00001 per cent of gold ore is refined into gold the rest is just a waste. For every tonne of

    coal produced 3-4 tonnes of waste are generated. This waste called overburden is poorlymanaged by Indian mines, the waste in most cases is just piled into huge heaps on unlined

    surface. The management is not accountable for run-off or particulate emissions. Waste rock

    which can be used to refill excavated land is rarely used for that purpose.

    During grinding and milling waste is generated in slurry form called tailings. Safe disposal of

    tailings is a major concern in India. Most companies flout the legal requirements for safe

    disposal of tailings. The impoundment structures used to hold the tailings are also not upto

    international standards. Failure of such structures often leads to great suffering of the people

    living around the vicinity.

    Rajastan generates 5-6 MT of marble slurry every year. The states marble cutters and polishers

    dump the slurry into open pits instead of designated ares causing a lot of pollution. When

    dumped on land marble slurry decreases the porosity of the soil, water absorption etc. When

    dried these particles cause air pollution.

    Various types of pollution mining causes

    Water Pollution

    1. Acid mine drainage: Large quantities of rocks containing sulphides react with water andair to for sulphuric acid leading to soil leaching.

    2. Heavy metal pollution: Caused when metals such as cobalt, zinc , lead contained inexposed rock or in underground mines come in contact with water

    3. Pollution from processing chemicals: Occurs when chemical agents spill, leak or leachfrom mine site to water bodies.

    4. Erosion and sedimentation: Mining opens up the soil and denudes vegetation henceleaving the land open to unchecked erosion

    Air and climate

    1. Dust emission: Particles like asbestos and silicon cause diseases like asbestosis, silicosisand particulate matter settles in the lungs of the people in the vicinity

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    2. Methane emission: underground coal mines release methane from the coal seams.3. Micro climate change: Destruction of forest cover alters the climate in the surrounding

    areas causing havoc to farming.

    Issues in mine closure in India:

    India does not have a detailed inventory of its abandoned mines. There are no estimates on how

    much it costs to undertake proper mine closure in India. This is a good indicator of how pathetic

    the situation is in the country. According to the website of IBM there are 296 abandoned mines

    of major minerals in the country. Mine rehabilitations are completely ignored in India. It was

    only in 2003 that to obtain a mining lease a mine closure plan was made mandatory. However

    this is only from mining major minerals. Coal mines do not require a mine closure plan. Mine

    closure plans that are being cleared today are a far cry from international standards. Socio-

    economic impacts are not even addressed in the mine closure plans. When mines shut down

    workers lose jobs, ancillary economic activities around the mine close down demolishing the

    economy of the community.

    Safety issues:

    According to ILO worldwide mining sector deaths account for 5% of worker deaths though the

    industry employs less than 1% of the workers Mines are prone to fire, cave-ins, explosions and

    land subsidence. In 2005 coal mines accounted for 89% of accidents, 69% of deaths and 90% ofthe total incidents in the Indian mining industry. Mineral disease like silicosis, asbestosis, coal

    workers pneumoconiosis (CWP) are accepted as occupational hazards in India.

    Hearing impairment, skin diseases, stress, vibration damage, chemical poisoning, radiation are

    the other risks mine workers face in their jobs.

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    THE CHALLENGES OF GOVERNANCE: GREY AREAS IN THE LAW

    The challenges in the governance of the mining areas are considerable. The book explicitly

    explains various legislations in India .It lays emphasis on the issues like multiplicity of agencies

    and confusion arising out of it, how companies easily violate the laws and get away without

    being questioned. It is surprising to read that India did not have mandatory mine closure

    regulations till 2003 and still the law enacted is full of loopholes. The financial surety asked for

    mine closure is too low to be a deterrent for non- compliance. The report explicitly covers every

    aspect of the legislation, it mentions the Acts drafted and passed by government for protection of

    environmental assets. Since for the tribal people their most important resource for livelihood is

    their land their forest which is taken away for the mining purpose by the government for sake of

    economic development of the country. But the question which report throws light on is the

    loopholes in law. In each and every law there are half -hearted provisions for protection of the

    forest, people and environment. The laws are framed with such combinations of words that these

    can be easily by passed by companies for sake of saving money.

    The issues like mine closure have their relevance only on the paper, practically the norms are not

    followed. If one is to conduct a stake holder analysis of the policies one would conclude that the

    stake holder most affected is given least importance. In such a condition of prevalent ignorance

    how one can expect that situation will not get worse in the terms of environment and condition of

    the local community will remain fine.

    The loopholes:

    The RLPP mentions that environmental law under

    Mineral Conservation and Development Rules, 1988

    treats every mine as a special case but it says ...wherever

    possible, the waste rock , overburden etc shall be back filled into the mine excavations with

    a view to restore the land to its original use as far as possible. The wordings used in the

    legislations leave ample space and room for the companies to escape the law.

    The laws are there, but the

    details are either missing or

    fuzzy. The institutions exist,

    but so do complete confusion

    about their responsibilities and

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    The institutional confusion prevails and there is no clarity that who is responsible for what. The

    Indian bureau of Mines (IBM) and State Pollution Boards are responsible for monitoring

    environmental aspects of the mining. There are other central agencies like MoEF who also look

    into clearing of mine plans and closure plans. Both IBM and MoEF demand an Environment

    Management Plan, but one normally does not accept the EMP submitted to the other. Mining is

    prevalent in ecological sensitive areas although to keep a strict eye on the allocation of mining

    site central government directly looks into the matter. Wildlife sanctuaries and reserved forest

    have been notified to allow mining. The most critical challenge before the law is to create a

    practices of sustainable mining, it has to be taken care that mining does not destroys ecosystem

    in the local area and well-being of the community is ensured.

    Various legislations:

    1. MMDR Act 19571:This law constitutes basic laws governing mining sector in India.

    2. The Mines Act 19522 (modified 1983):An act to amend and consolidate the laws relating to the regulation of labor and safety in

    mines .

    3. Mineral concession rule 1960:Outline for obtaining license and mining lease, impact assessment of mining activity on

    the forest and environment around it.

    4. Mineral Conservation and development Rules 1988:Lay down guidelines for ensuring mining on scientific basis while conserving

    environment and nature at the same time.

    RLPP further mentions that the 4th and 5thrule have a chapter devoted to environment ,

    there are 11 provisions pertaining to storage utilization of topsoil etc , but still there are

    major lacunae in these rules with respect to environmental protection.

    1http://mines.nic.in/mmrd.html

    2http://www.coalindia.in/Documents/MineSafety/File_No_3_Mines%20Act.pdf

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    An example stating excerpts from the lawHolder shall take all possible precautions for

    the protection of environment and control of pollution while prospecting, mining,

    beneficiation or metallurgical operations3

    the usage of broad meaning words and

    absence of clear set of instruction makes it easy for the miners to use the law in their

    favour.

    Further there has been no clear set of rules defined for reclamation of the of the land and

    which is the best practice .

    On mine restoration the law say that wherever possible the waste rock, overburden etc

    shall be backfilled into the mine excavations with a view to restoring the land to its

    original use as far as possible4

    With respect to blasting, the rules are even more circumspect .They do not specify the

    distance from a habitation at which blasting can be conducted. They only say that the

    company should make provisions to minimise ground vibrations. The permissible limits

    for noise and ground vibrations are not fixed, and vary from mine-to-mine.5

    One gets a perception that how the laws have been framed with half heart, one wonders

    that even after 55 years of independence we as a country are not able to frame a law with

    no loop holes , implementation becomes more murkier when there is no clear set of rules

    and a defined authority . In situation like this only blame game is what is supposed to

    happen.

    One agency points finger towards other and the show goes on.

    The ultimate loss is caused to the pocket of the country and an irreparable loss is done to

    the local people and environment. The question which disturbs my mind is what is cost of

    our countrys natural resources and its people life and well-being.

    Mining at what environmental cost:

    The facts and data presented by the RLPP reflects the degrading condition of air quality

    in the districts of Jharia , Raniganj , Bokaro . The level of SPM in air is 430

    3RLPP :page 279

    4RLPP :page 279

    5RLPP :page 279

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    g/m3(annual) against safety norms of maximum limit 140 g/m3. Similar is the

    condition of the different other pollutants like RPM , 215g/m3 against 60 g/m3 , SO2

    ,80g/m3 against 60g/m3.

    The report also mentions tolerance standards for:

    1. Effluents from coal mines.2. Waste water discharge by industry3. Vibrations due to blasting.

    Although it has been mentioned that what should be the current level of existing

    measures, it is not mentioned that what are the permissible limits.

    Environmental legislations:

    The report mentions and criticizes that , when it comes to environment a large number of

    resources have to be taken care of while drafting laws , the laws should strict enough to prevent

    natural resources like water bodies, forest, natural habitat of wild animals and tribals . The

    RLPP mentions following given acts in India:

    1. The water prevention Act 1974, amended in 19882. Air prevention Act Act 19813. Environment protection Act 19864. The forest Act 19805. THE WILDLIFE Act 1972

    Although there are laws but as mentioned earlier their implementation is a question to be worried

    for. The SPCBs try to speed up process of allocation of mines rather than taking into account

    their environmental impact.

    Report mentions example of Orissa where there are 300 official mines in state but only 172 of

    them have been covered under the laws. Even state owned Orissa Mineral Corporation operates

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    without necessary consent.The report further emphasizes the necessity of a strong enforcement

    system. Without a serious deterrence for non-compliance there will be no or little enforcement of

    the law.

    Environment Impact Assessment:

    The report draws your attention on how the environmental clearance procedures are flaw full

    designed. The people who are affected by mining have no say in the process right from the

    inception of the project.

    Another controversial aspect of the law is that the EIA report is prepared by a consultancy

    commissioned by the project proponent. The agency thus become a service provider and thus is

    no longer an impartial body.

    Afforestation: inefficient formality

    The forest and wildlife act binds mining companies to pay for purchase of an equivalent area of

    non-forest land as near as possible to the site of diversion, or twice the degraded forest land to

    the forest department with sufficient funds for compensatory afforestation which is then declared

    as protected forest. This policy has been widely criticized because compensatory forest cannot be

    a replacement of natural biodiversity which prevailed in that area.

    However many states have not been able to complete the quota of compensatory afforestation.

    There are many other provisions in the act like EIA is only required for projects above 20 ha of

    area in plains and 5 ha in hilly areas. The question is why it should not be compulsory for all the

    projects.

    Despite all the efforts made in the form of laws, acts etc none of the areas remains sacred on the

    other hand planning commission recommends opening up of more forest for the mining activity.

    The situation gets more confusing when there is lack of clarity in the mission on our mining

    policy, there are agency to safeguard the environment from side effects of mining and on the

    other hand other pushes for more exploitation of the resources.

    The policy framed by the intellectuals doesnt evaluate each stake holder rights; most of the

    policies in some or the other way by passes the issue of the environmental impact of mining.

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    Pricing a forest:

    Finally a brilliant idea struck in mind of the policy makers and Supreme Court of India set up an

    expert committee to identify the parameters for evaluating NPV to be compensated for the

    diverted forest, but question is, is the money right replacement for the socio economic stress

    which displacement causes to the local population. The committee was able to derive how much

    should be paid per ha, when it should be paid , what has to exempted and included.

    Mine closure:

    Finally in 2003 government realized that there is

    requirement of mandatory closure process for mines. It

    took more than 55 years for government realize this

    issue, on international front countries like America has taken these issues with an iron wrist.

    While if we discuss the issue in India none of the closure plan discusses pollution control or

    remediation the assumption, almost, is that there is no likelihood of pollution once the mines

    are closed.

    The ugly and extremely harmful waste is not even discussed. The waste created by these mines

    not only contaminates the local water bodies and underground water table but has a potential to

    wipe out human population from the area. The places like JADUGUDA , CHAIBASA are

    experiencing threatening conditions to the environment and the local people have to pay the

    price, the price is their health .

    Government has decided through the closure policy the monetary assurance which company is

    required to pay for different category of mines. According to the guidelines issued the closure

    plan should address the issues of a.) the environmental issues ,b.) the social issues of

    employment mainly related to lay off employees.

    Articles is just in concluding that mining closure is not just about planting trees , it is about

    creating a sustainable ecosystem in which community affected by mining can live a healthy life

    after the closure of mines. For this to happen the closure plan has to be prepared in consultation

    of the community. The land which is given back to the government after mining is finished

    One of the biggest drawbacks of

    closure legislation in India is that we

    have not learnt from international

    experiences

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    instead should be given to the commons, so that it can be used to create lively hood. A mine

    inflicts a double whammy on the fabric of the community once while it begins and second time

    when it exits.

    Employment and mining

    Notwithstanding the claims of higher

    employment with increase in mining, the

    figures on employment tell an entirely

    different story. Although the production of

    minerals is increasing at a compounded

    annual growth rate of 10.7 %, the total

    employment has been reduced by 30 %.About 75 % of the employment in mining

    sector comes from coal. The major reason of

    this decline is the mechanization of the

    mining industry. This trend has resulted in

    loss of jobs of local people which again

    indicates that mining is not for the local

    people. Increase in mining does not result in increase in employment. The infrastructural

    bottlenecks are responsible for coal deficit in India. It is going to be a challenge to meet the

    mineral demands in coming future because of increasing population and its needs.

    REHABILITATION: THE REGULATORY ROADBLOCKS

    It can be said as the fortune of India and misfortune of tribal people that almost all of the mineral

    reserves in our country are on forests and hills inhabited by tribal and backward class people.

    In India state believes that since the minerals are within its territorial jurisdiction, it has the right

    to explore and extract them at will- and that whoever lives on lands where minerals are located

    can be evicted to aid the purposes of exploration and extraction.

    Figure 5:mining and employment

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    This thought has been nurtured since colonial times by the draconian Land Acquisition Law

    1894 it gives the state power to grab land, and also does not put any obligation on it for

    resettling or rehabilitating those whom it displaces.

    This has resulted in lakhs of people being displaced in the name of development and mining as apart of it. Most of Indias mining areas are located in remote and least developed regions,

    inhabited largely by scheduled tribes and other economically weak and disadvantaged sections of

    society. And in most case people who are displaced doesnt get any compensation or alternate

    livelihood just because they do not hold any legally enforceable claims to their land.

    The two attitudes seen in Indian laws are one, that state has the right to sell minerals to the

    highest bidder and two, that whoever lives on lands where minerals are located has few or no

    rights to restrict exploration and extraction.

    The government gives mining rights to companies who fulfills the criteria and during this

    process the local community members no consultation is required. During the mine lease phase,

    the Land Acquisition Act (LAA) is invoked to acquire land. The owners of land have no right to

    deny the acquisition while the lease holder can use as much area for mining (upper limit set by

    the government). This is the approach in which interests of one group are nurtured while those of

    the other group are completely ignored.

    Displaced communities have asked can the traditional axiom of sacrifice for the good of the

    country truly be interpreted to mean unlimited sacrifice? Is it ethical to shoulder the ills of

    development while the benefit goes to others? environmental degradation and displacement

    caused by mining exacerbate poverty. Resource curse is now a well-established phenomenon not

    only in India but in other countries also. Mineral rich states like Jharkhand, Chhattisgarh and

    Orissa, in spite of their mineral wealth re struggling with poverty, illiteracy, and low growth

    rates.

    Why mining is creating poverty instead of prosperity has much to do with the governance

    systems in place. Indian legislation doesnt view resettlement as important as it considers the

    power to forcibly usurpation of land by the state.

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    Laws related to mining

    Coal Bearing Areas (Acquisition and development) Act, 1957 allows states to acquire land in

    coal-rich land and land is automatically leased out to Coal India Ltd.

    The Atomic Energy Act, 1962 gives government huge and almost autocratic powers over landcontaining atomic minerals. But the most powerful piece of legislation that government has is

    The Land Acquisition Act, 1894 because of sheer power it provides for mass acquisition.

    Often when land is acquired there is some sort of resistance from the local communities as in all

    cases their consent is not required, in some instances these struggles turned violent one such case

    is of Kalingnagar, Orissa. This is considered as one of the most violent land acquisition in recent

    times on January 6, 2006, 12 tribals protesting land acquisition were gunned down by battalions

    of Orissa police. Land for steel plant was acquired here by government many years ago, and was

    finally given to the Tatas in 2005. People who were protesting they were not against land

    acquisition but what triggered their anger was that government was selling the land to Tatas at 10

    times that it had paid to the tribals. In another case at Nandigram On march 14, 2006, 3000

    police personnel forced their way into West Bengals Nandigram block, officially 14 people died

    and many more injured but villagers say over 100 people were killed and several hundred

    injured, they were protesting against acquisition of land for SEZs. Following the incident

    government was forced to cancel the acquisition.

    Given the cases it is evident that government uses the

    LAA to acquire the land and sells this land to companies

    usually at higher rates than what is paid to acquire the

    land.

    Seeing all these lacunas in LAA many changes have

    been proposed by National Advisory council (NAC) in

    its Draft National Development, Displacement and

    Rehabilitation Policy some are

    The Land Acquisition act, 1894 is

    the most powerful piece of

    legislation available to the

    government which allows it to

    displace anybody from land in the

    name for development project

    without any legally enforceable

    liability of resettlement.

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    LAA should have a legally enforceable rehabilitating Clause within it. Compensation should be provided not just for loss of land but also for loss of livelihood,

    habitat, cultural resources and loss of access to natural resources.

    The government has to define the public purpose to be served by project. Informationon the social, environmental and economic costs should be made readily available and

    should be transparently discussed.

    Project affected people (PAPs) should have the legal right to challenge the publicpurpose.

    Public purpose should be replaced with public good including the good of those to bedisplaced.

    NAC has also detailed out the nature of rehabilitation package and the institutional changes

    required ensuring implementation and accountability. However the main emphasis is on either

    revoking the LAA or radically amending it, has been to challenge the eminent domain of the

    state, and to redefine public purpose.

    Legalizing the encroachers

    In 2006 the government passed the Schedule Tribes and Other Traditional Dwellers (Recognition

    of Forest Rights) Act. This tribal bill was meant to address both forest rights and occupancy

    rights of people who had been using forest lands for generations, without any formal recognition.

    But eventually the bill has been shrouded and tribal rights group feels that there has been

    significant dilution from the original version. The bill has defined forest dwellers as those who

    primarily reside in the forest but most of the forest dwellers do not strictly dwell inside the

    forests, but are heavily dependent on the forest for livelihood, some estimates that 90 % of forest

    dwellers are likely to be kept from availing the benefits of the bill.

    In 2003 National Policy on Rehabilitation & resettlement (NPRR) was prepared to safeguard the

    displaced peoples right to be rehabilitated. It is a guideline applicable only to projects that

    displace 500 families or more en masse in plain areas and 250 families en masse in hilly areas.

    But there are some drawbacks also in NPRR which excludes many from the rehabilitation

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    process; one of the clauses that excludes them is that, only those losing 100 % of their lands will

    be eligible for compensation, another clause that excludes that only if 500 families in plain

    villages or 250 families in hilly or scheduled areas are affected en masse by the project area will

    be declared an affected zone. The predominant method of compensation advocated by the policy

    is cash, not rehabilitation or livelihood. But cash compensation is hardly ever adequate in making

    up for displacement losses.

    The question of compensation

    Market-driven monetary compensation has a flip side

    Land acquisition goes hand in hand with compensation. But how is adequate compensation

    defined? As per prevailing practice compensation is considered as monetary compensation at

    market rates. There are a few exceptions though; those displaced by the sardar sarovar project,

    are entitled to land-for-land.

    Fair Market?

    While many groups have recommended that losses of other kinds- livelihoods, cultural resources,

    habitats and access to natural resources also be compensated, the notion that market is fair

    arbitrator of compensation has also raised many questions. Firstly, it is well known that land

    prices increase exponentially when an industry or a major infrastructure project is set up. The

    original landowner is compensated at current rates, preventing the displaced from benefiting

    from the boom in market prices.

    A second and related point is that market prices are heavily distorted, as the market is not

    sufficiently developed. Agricultural land is typically not tradable for non-agriculture use. As

    such, the market price takes into account the restrictions in use. Land prices do not include the

    probability of industrial or non-agricultural use at much higher prices. In land acquisition,

    therefore the true prices would have been substantially higher had land been a tradable

    commodity.

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    STAKE HOLDER ANALYSIS

    The analysis evaluates the stakeholders in the mining sector of the country on the basis f their

    interests in the sector and the influence that they veil to enforce their interests. Among the

    identified stakeholders, all seem to have a high interest in the sector but not all have the influence

    to realize their interests.

    STAKEHOLDERS INTERESTS INFLUENCE

    Tribal People High interest in the

    ownership of the land.

    Forests, wildlife and water

    systems help in creating

    livelihoods and provide a

    home to tribals

    Low influence. Victims of

    lopsided policies and

    ignorance. Industrial

    exploitation and

    displacement due to mining.

    Government High interests in the mining

    sector. Taxes and royalty

    form a large part of

    revenue. Breeding ground

    for corruption.

    High influence as most of

    the mines are state

    controlled and the mining

    policy dictates the terms of

    the government to the

    industry

    Industry High interests in owning and

    operating the mines.

    Integrated industrial setup

    with mineral based

    industries owning mines.

    High influence in influencing

    the government to mold

    favorable policies. Huge

    turnover after paying taxes

    and royalty.

    Civil Society High interests in ensuring

    rights to the people on their

    land and livelihoods and

    preservation of

    environment.

    Low influence.

    Scientists and Academicians High interests in researching

    on issues related to mining

    and innovation of

    sustainable models for

    mining industry.

    High influence with the civil

    society but low influence

    with government and

    industry.

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    STAKE HOLDERS POINT: MR SIDDHARTH MAHESHWARI6, GM

    MARKETING, JSW STEEL.

    JSW Group is one of the fastest growing business conglomerates with a strong presence in the

    core economic sector. This Sajjan Jindal led enterprise has grown from a steel rolling mill in

    1982 to a multi business conglomerate worth US $10 billion within a short span of time.

    As part of the US $ 16.5 billion O. P. Jindal Group, JSW Group has diversified interests in Steel,

    Energy, Minerals and Mining, Aluminum, Infrastructure and Logistics, Cement and Information

    Technology.

    In Orrisa:

    A 12.5 million ton integrated steel plant and 2600 MW captive power plant in phases, with a

    total investment of US $ 8.00 billion (Rs. 40,000 crore). Jindal Steel & Power has been allotted

    the Ramchandi Promotional Coal Block in Orissa for the proposed Coal to Liquid (CTL) project

    by the Union Coal Ministry, Government of India. The project cost estimated to be around US $

    8.4 billion (Rs. 42,000 crore) includes CTL plant, coal mining and power plant. The project to be

    located in Tehsil Kishore Nagar, Dist. Angul, Orissa will produce 80,000 barrels per day (4.0

    MMTPA) crude using environment friendly Indirect Coal Liquefaction Technology developed

    by M/S Lurgi of Germany for the first time in India.

    Mr Siddharth Maheshwari:

    A metallurgy engineer by profession and an MBA from MDI Gurgaon, Mr Siddharth has an 4

    years of experience in the coal and mining sector . He is also running a campaign for political

    awareness named HELLO MANTRI JI (http://hellomantriji.com/), which makes him a best

    choice for his critical comments on the issue of mining.

    Views on : Mining and its effect on environment:

    Maheshwari says that no doubt if the norms are not taken care of the environment is at stake,government has floated norms which are to be followed while mining in an area and we as a

    responsible company have tried our level best that we dont tamper with natural environment.

    We try to create a win- win situation for every stake holder . But there is a perception in general

    6https://www.facebook.com/siddharth.mah

    http://hellomantriji.com/http://hellomantriji.com/http://hellomantriji.com/http://hellomantriji.com/
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    that mining companies are causing harm to, no doubt the situation harm has been caused by

    irresponsible behavior of some companies and by and large by the illegal mining. Todays world

    is flat, information flows with speed of light, if you are an irresponsible organization and there is

    a bad word around for you then you are no more a preferred employer. It is now essential for all

    the organizations in and around mining sector to be responsible.

    When questioned on what have been the reasons that in mining sector private players have a

    major role to play rather than government he replied that if we analyze the timeline of mining

    sector then we will find that government had a major stake in the pre LPG era, after

    independence when British left there were not enough competent people to handle mines, so

    government had to play a major role over there. But the efficiency of the government and the

    way they work was a cause of worry, Nehrus modern Indias temple initially worked good but

    gradually they were not able to justify the competency and the production levels required. SAIL

    own 10 times more land when compared to JSW and POSCO, but there efficiency of production

    is nowhere around us. Do you think is it justified that our resource which can push countrys

    productivity to new heights should be in hand of inefficient organizations? There was no

    alternative way than to open mining sector for private players.

    The displacement of the people and the stress caused due to this is a cause of worry but the

    regulations which are in place compel every company to provide a new accommodation to the

    people, provide them with a job (every household should get one job) etc , we as a company have

    gone beyond it , we have gone to extent of provide four jobs per household. We recruit people

    from the local state and that is not something which is because of regulation but for every

    rational businessman recruit local manpower is the best option. We have started schools,

    educated children and people in local area. We have tried to create a win- win situation for every

    stake holder. But if people say a community should be prevented from development just for the

    sake of preventing displacement I disagree. There are success stories around dont just look at

    the controversies. The sort of compensation we are required to pay , the bank guarantees and

    cash we are required to deposit is not at all comparable to the compensation in government

    projects of highways and dams. I dont disagree to the compensation concept but the extent to

    which compensation is being asked for is inducing arent seeking mindset.

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    I would say that it is governments policy and policy implementation failure is responsible for

    the state in which we are today, government has not been able to create a win-win situation for

    every stakeholder, rather than it is involved in the blame game.

    SYSTEM INTERRELATION

    Figure 6:system interelation

    Mining

    Livelihood

    IllegalLegal

    Employment

    Consumption

    Ecology

    HumanEnvironmental

    cost

    Loss of

    indigenous skill

    Rehabilitation/comp

    ensation/jobs

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    THE ISSUE OF COALGATE

    Figure 7: the burning issue of coalgate

    The Comptroller and Auditor General of India have estimated the loss of allocation of coal mines

    to the companies in 2004 at rupees 1.86 lakh crores. But this value is calculated at todays price

    of coal. The coal price has increased by 43.32 % during the year 2004-20117.

    Hence according to the prices of 2004, the loss would have been (1.86/1.4332)= 1.298 lakh

    crore.

    Following are the values of amount of loss incurred at different average inflation rates from

    2004 to 2011:-

    7http://164.100.47.132/LssNew/psearch/QResult15.aspx?qref=113923, Lok Sabha question

    http://164.100.47.132/LssNew/psearch/QResult15.aspx?qref=113923http://164.100.47.132/LssNew/psearch/QResult15.aspx?qref=113923http://164.100.47.132/LssNew/psearch/QResult15.aspx?qref=113923http://164.100.47.132/LssNew/psearch/QResult15.aspx?qref=113923
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    Average rate of

    inflation

    Losses in 2011-

    12

    8% 2.242 Lakh crore

    6% 1.951 lakh crore

    5% 1.826 lakh crore

    4% 1.707 lakh crore

    The following formula was used to calculate the value of losses:-

    Value of loss in 2011-12 = Amount of loss in 2004-05 (1.298 lakh crore)*(1+inflation rate)^7

    Till 1991, we were considered to be deprived of the gains from mining of minerals. We were told

    that we were not able to leverage our complete potential of mining. After 1991, we started

    privatizing this sector in expectation of better technology and better productivity. But this is what

    we have got. Instead of providing a shot in the arm of economy through mining boom, we have

    just handed lakhs of crores of rupees in the hands of our ministers. We are again back to ground

    zero or even below it. It is of utmost importance that auctioning of mines take place from now on

    instead of allocation of it so that there is enough money available in government chauffeurs to

    put into development of the nation.

    EXCERPTS FROM: REPORT OF THE CHIEF MINISTERS COMMITTEE FOR

    DEVELOPMENT OF JHARKHAND: TRANSFORMING JHARKHAND, THE

    AGENDA FOR ACTION

    Section 8.4: Increasing the Efficiency of InputsMines

    Known barriers(1) delays in obtaining mining approvals and clearances; (2)

    Infrastructural limitations (power, transport); (3) barriers to private sector entry

    (such as in coal); and (4) input limitations (power, coking coal). The World Banks

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    a fore-mentioned report on Jharkhand also mentions these in a slightly different

    language.

    Successful mining laws need to be designed to: (i) minimize corruption and rent-seeking, as

    well as the duration of the permit process, by eliminating discretion in the implementation of the

    law; (ii) reduce speculation and encourage active exploration, by the use of properly structured

    license fees, which also serve to finance an independent and efficient mining cadastre; and (iii)

    provide environmental and social safeguards and rehabilitation.

    Challenges:

    Contained and mitigated damage to the environment, especially the critical ecosystems of local

    areas and being more acceptable to society, including development of the people directly

    affected

    The new Mining Bill, currently tabled in Parliament, seeks to transfer this power to the states.

    Environmental requirements have now become stringent, with certain areas

    The Centre divides protected areas into go and no go areas, with mandatory Environmental

    Impact Assessment (EIA) studies.

    Jharkhand government should immediately map mineral bearing areas and then map go and

    no go areas on top of these. However, environmental and forest clearances can also take time

    and contribute to uncertainty for the private sector.

    Under Section 5 of the Bill, State governments are required to get the forest clearance procedure

    approved before the invitation of bids. Although there is a lack of clarity in the proposed Bill

    about whether the obtained clearance will be the first stage of in-principle clearance, or the later

    stage of full and final clearance, Jharkhand needs to ensure that it is not the former, but the latter.

    Why the Governments fail to compensate the post mining conditions:

    There are four components around which policies on rehabilitation and reconstruction of

    livelihoods are formed. These are:

    (1) Cash Compensation; (2) Alternative Land; (3) Employment; and (4) Self

    Employment.

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    In the case of Jharkhand, the displaced persons are mostly tribal, for whom displacement is not

    just about losing their traditional source of habitats and livelihoods. Therefore, rehabilitation is

    seldom sufficient to enable them cope with the changes brought to their traditional ways of

    living, lifestyle and livelihood. Both social and economic impoverishment has naturally

    followed. Cash compensations have been insufficient, flawed, poorly implemented (plagued by

    delays and corruption) and thus have failed to re-erect dismantled production systems and

    replace/reconstruct traditional employment avenues. With lack of financial inclusion for the poor

    in India, this might not be the preferred option. On the other hand, providing alternative land has

    remained more on paper, due to the scarcity in the availability of non-wastelands. Alternative

    employment re-establishes the livelihood and income streams but, since the displaced people

    have been tribal and therefore largely unskilled, employment opportunities have been few and

    private sector employers have been more reluctant to guarantee them. Self-employment on the

    other hand, is entrepreneur-centered small business, supported by micro credit and elements from

    the rehabilitation packages. These in most cases have failed to generate guaranteed returns equal

    to a job.

    Regulatory flaws:

    One of the reasons why these mines are not monitored or regulated and cause significant damage

    to the environment is that mines that have a lease area of less than 5 hectares (making them small

    mines) do not need Environmental Impact Assessments(EIA) to be done.

    Corruption:

    The policy should be strict with illegal mines, as well as under-reporting practices of the

    value of the mineral. For example, under-reporting of the content enables the iron ore mines to

    escape with a lower royalty payment. More mines or bringing more mines under regulatory and

    accounting ambits would naturally increase revenue generation.

    Mismanagement:

    Dead rent and cess are not major contributors to the State exchequer. Dead rent is paid to the

    State as a charge by the lessee for the area included in the mining lease but from where minerals

    are not extracted. The charge also depends upon the value of the mineral. The said objective is to

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    create a disincentive for the lessee from keeping the mine idle. Dead rent should be linked to the

    realization from royalty income, which can enhance the revenue to the exchequer.

    CONCLUSION

    It is a well-known fact that our country had huge reserves of mineral resources which have been

    exploited for various uses. Even British were extracting minerals for their uses, in 1894 they

    came up with Land Acquisition Act which gave immense power to government stating that

    government is the sole owner of all the mineral reserves within its territorial jurisdiction and also

    it can evict anybody living on that area without any obligation of rehabilitation or resettlement.

    Then with time came other acts that add to this autocratic power of displacing people

    unjustifiably. Coal Bearing Areas (Acquisition and development) Act, 1957 & The Atomic

    Energy Act, 1962 are other acts that allows government to displace people living on lands

    having coal or atomic minerals.

    With the passage of time government has realized the importance of taking up responsibility to

    help people rehabilitate who were displaced in the name of public purpose. NAC has drafted

    National Policy on Rehabilitation & Resettlement which includes many provisions to help people

    displaced due to mining projects, besides displacing people mining project it also poses threat to

    the environment. There are many examples of clashes between people and government where

    loss of life has happened which could have been prevented if stronger legislations were there

    supporting mining and also safeguarding people interests.

    The question of sustainability cannot be addressed without the involvement of all the

    stakeholders in policy making and its implementation. Hitherto, the government and the industry

    have been the major decision makers as far as the policy on mining ecosystem is concerned but

    the continuation of their dominance will definitely produce irreversible negative consequences

    for all the stakeholders. It is necessary that the involvement of people in the mining areas is

    secured so that they can use their skills and knowledge to create systems which provide

    alternative to the destruction caused by the mining activities. It is also important to remove the

    cynicism related to the interests of different stakeholders perceived by each one of them. The

    channels of dialogue have to be opened so that an atmosphere that can support the emergence of

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    collective intellectual capital can be created. The government and the industry need to

    understand the fact that the development that has been envisaged by them for the poor people is

    not the development that the people want for themselves. The macro economics of development

    has to match its micro economics if we desire for sustainability in exploitation of natural

    resources through mining.

    REFERENCES

    1. Excerpts from Rich Lands, Poor People: Is sustainable mining possible? Center forScience and Environment, 2006, Chandra Bhushan and Monali Zeya Hazra

    2. Post-Independence Development In Mining Industry, Dr. H.S.M Prakash,www.easternpanoram.in

    3. http://www.minesandcommunities.org/article.php?a=4024. Displacement due to mining in Jharkhand, Economic and Political Weekly, Vol. 31, No.

    24 (Jun. 15, 1996), Mathew Areeparampil

    5. Report of the chief ministers committee for development of Jharkhand; transformingJharkhand; the agenda for action.

    6. Excerpts from the interview with Mr. Siddharth Maheshwari, General manager,marketing, JSW steel ltd.

    7. The Economic Times

    TABLE OF FIGURESFigure 1: The mineral ecosystem .................................................................................................................. 5

    Figure 2:Mining contribution to GDP ............................................................................................................ 9

    Figure 3:Production , demand , imports and closing stocks ....................................................................... 10

    Figure 4:value of imports ............................................................................................................................ 10

    Figure 5:mining and employment ............................................................................................................... 22

    Figure 6:system interelation ....................................................................................................................... 30Figure 7: the burning issue of coalgate ....................................................................................................... 31

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