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Context

• In June 2023, a mine collapse in Dhanbad, Jharkhand killed three, including a child.
• In October 2023, a similar incident in Paschim Bardhaman, West Bengal, resulted in three fatalities.
• These incidents highlight the dangers of illegal coal mining in India.

Background

• Coal in India was nationalized in two phases: First, coking coal mines, used for coke production in the steel industry, were nationalized in 1971-72. The second phase involved the nationalization of non-coking coal mines in 1973.
• The central legislation governing coal mining in India is the Coal Mines (Nationalisation) Act, 1973, which outlines the eligibility criteria for coal mining activities.
• Illegal mining is classified as a law-and-order problem and falls under the State list subject.
• Consequently, the responsibility for managing and addressing illegal mining primarily rests with State governments rather than the Union government.

Why is Illegal Coal Mining Rampant in India?

Prevalence in Abandoned Mines and Remote Areas

• According to the Ministry of Coal, illegal mining in India is frequently conducted in abandoned mines or shallow coal seams located in remote or isolated places. This is often due to the inaccessibility and limited oversight in these areas.

High Demand for Coal

• Coal, being the most abundant fossil fuel in India, accounts for 55% of the country’s energy needs.
• The high demand for power often surpasses the legal supply of coal, leading to an increase in illegal mining activities to meet the excess demand.

Poverty and Unemployment

• Many coal-rich areas are located near communities facing poverty and unemployment.
• This socio-economic situation drives local populations to engage in illegal mining as a means of livelihood.

Weak Regulation and Enforcement

• In remote regions, mining regulations can be weak due to inadequate monitoring and lack of resources, resulting in poor enforcement.
• This situation has led to the emergence of “coal mafias”, with allegations of organized crime controlling illegal mining operations. For instance, in 2018, activist Marshall Biam alleged that a “police-backed” coal gang threatened him.

Political Patronage

• Illegal mining is also alleged to receive tacit support from political leaders.
• In 2023, the Assam-based political party Assam Jatiya Parishad (AJP) petitioned various authorities, claiming that BJP leaders are involved in illegal coal mining.
• This alleged political patronage has contributed to the persistence of illegal mining in Assam, Meghalaya, and other northeastern states despite a ban imposed by the National Green Tribunal (NGT) in 2014.

Rudimentary Mining Techniques

• Illegal mining operations often utilize rudimentary techniques such as surface mining and rat-hole mining, as opposed to the more scientific methods required for legal mining.
• In areas where coal seams are nearer to the surface, miners use limited safety equipment and minimal operational costs, which can lead to significant profits, making illegal mining a financially attractive option.

Rat-Hole Mining What is Rat-Hole Mining? Rat-hole mining involves digging narrow, shallow tunnels, usually 3-4 feet deep, which are just wide enough for workers to crawl through. There are two primary types: Side-Cutting: This method is typically used on hill slopes where miners follow a coal seam visible from the surface. The seam is usually dark brown or black-banded and deposited within layers of rock. Box-Cutting: This method involves digging a circular or squarish pit at least 5 square meters in width, extending up to 400 feet deep. Miners descend using makeshift cranes or rope-and-bamboo ladders and dig horizontally from the pit, creating a network of tunnels resembling the tentacles of an octopus. Challenges and Risks Rat-hole mining is notorious for its hazardous conditions. Miners often work in confined spaces with poor ventilation, leading to increased risks of asphyxiation. The lack of proper structural support makes the tunnels prone to collapse, while inadequate drainage can lead to flooding. These conditions, combined with the use of rudimentary equipment, result in high fatality rates and severe health risks. Why is Such Mining Banned? Historical Context and Risks In Meghalaya, where rat-hole mining was prevalent, the legal framework governing land and mining differs due to the Sixth Schedule of the Indian Constitution, which grants autonomy to the state in managing land and mineral resources. The Coal Mines (Nationalisation) Act of 1973 does not apply here, leaving the regulation largely in the hands of local authorities and landowners. The booming coal mining industry in Meghalaya post-statehood faced challenges with advanced mining technology due to high costs and difficult terrain. As a result, rat-hole mining became a common practice, with laborers risking severe health hazards and safety issues for higher wages compared to other professions. Environmental and Health Impact Rat-hole mining led to significant environmental degradation, including land erosion, deforestation, and contamination of water sources with high levels of sulphates, iron, and toxic heavy metals. Rivers such as Lukha and Myntdu became too acidic to support aquatic life. The National Green Tribunal (NGT) observed that the flooding of mining areas during the rainy season resulted in numerous fatalities, prompting the ban in April 2014. Human Rights Concerns The dangers of rat-hole mining were compounded by human rights issues. Reports from NGOs highlighted the exploitation of child labor, with children from Bangladesh and Nepal being employed in these hazardous mines. Despite initial denial by state authorities, the admission of child labor led to increased scrutiny and the eventual NGT ban. What Led to the NGT Ban? Activist and NGO Efforts Environmentalists and human rights activists have been raising alarms about rat-hole mining for years. Impulse, a Meghalaya-based NGO, played a significant role in documenting the exploitation and unsafe conditions associated with this mining method. Reports produced in collaboration with other organizations revealed that a large number of children were employed in these mines, prompting actions from the National Human Rights Commission and leading to the NGT ban. What is the Way Forward? Economic and Environmental Considerations Coal seams in Meghalaya are thin, making rat-hole mining more economically viable than opencast mining. Despite the NGT ban, the high stakes for local communities and the pressure on the state government to resume mining legally remain significant. Recent Developments In May 2023, Meghalaya's Chief Minister announced that the Coal Ministry approved mining leases for several applicants, paving the way for 'scientific' mining methods. These methods aim to minimize environmental impact and adhere to legal standards. However, concerns persist among anti-mining activists about the true extent of 'scientific' practices and the potential for continued exploitation and environmental damage. By addressing the environmental, health, and social issues associated with rat-hole mining, and ensuring rigorous enforcement of legal and safety standards, stakeholders can work towards a more sustainable and humane approach to coal mining in Meghalaya.

 Why Do So Many Workers Die in Illegal Coal Mines?

Lack of Safety Equipment and Protocols

• The primary reason for deaths in illegal coal mining is the lack of safety equipment and protocols.
• Miners are exposed to increased respiratory risks due to inhaling coal dust, and the absence of proper safety gear exacerbates this risk.
• Workers also suffer from carbon monoxide poisoning due to poor ventilation.

Hazardous Working Conditions

• Illegal mines often lack proper structural support, making the working environment dangerous.
• This increases the risk of cave-ins, landslides, and explosions.
• Workers may also be exposed to high levels of toxic substances such as lead and mercury, which can lead to acute poisoning or long-term chronic health conditions.

Untrained Workforce

• Many workers in illegal coal mines are untrained for both the job and the inherent risks.
• The absence of proper training, quick response facilities, and emergency knowledge significantly heightens the danger to workers.

Operator Negligence and Worker Exploitation

• Operator negligence is prevalent in illegal mining operations, often coupled with worker exploitation. These factors contribute to unsafe working conditions and a higher incidence of fatal accidents.

Steps Taken to Curb Illegal Mining and Theft in Various Coal Mines

Measures to Address Illegal Mining

• Filling Rat Holes: Rat holes created by illegal mining are being dozed off and filled with stone and debris wherever possible to prevent further illegal activities.
• Securing Abandoned Mines: Concrete walls have been erected at the mouths of abandoned mines to prevent access and deter illegal activities.
• Surprise Raids and Checks: Joint surprise raids and checks are being conducted by security personnel and law and order authorities from the concerned State Government.
• Construction of Fencing: Fencing is being constructed around illegal mining sites, accompanied by signboards indicating "Dangerous and Prohibited Place" to discourage illegal access.
• Intelligence Collection: Intelligence reports on illegal coal depots and movement are collected and shared with district authorities for preventive action.
• Check-Posts Installation: Check-posts have been installed at vulnerable points to verify transport documents and control illegal coal transport.
• Coordination with State Authorities: Coal companies maintain close liaison with State authorities to improve monitoring and enforcement.
• Formation of Committees/Task Forces: Committees/task forces at various levels (block, sub-divisional, district, state) have been constituted in some CIL subsidiaries to monitor illegal mining activities.

Measures to Combat Coal Theft and Pilferage

• Advanced Technology: Installation of Radio-Frequency Identification Device (RFID) based Boom Barriers, CCTV cameras at weighbridges, and GPRS-based vehicle tracking systems with geofencing have been implemented to monitor and prevent theft.
• Regular FIRs: The Colliery Management and Central Industrial Security Force (CISF) regularly lodge FIRs with local police stations to address theft incidents.
• District Liaison: Interaction and liaison with district officials are conducted regularly, including meetings with District Collectors and other administrative officials.
• Challans for Coal Transportation: Challans for coal transportation by trucks outside the district are issued with holograms and signatures of authorized CISF officials to check pilferage.
• Deployment of Armed Guards: Armed guards have been deployed at railway sidings to enhance security.
• Coal Rake Escorting: Escorting of coal rakes in coordination with Railway Protection Force (RPF) up to weighbridges is arranged in areas prone to pilferage.
• Surprise Re-Weighment: Surprise re-weighment of coal-loaded trucks is conducted at weighbridges to detect discrepancies.
• Security Checks: Surprise checks and raids are carried out by flying squads of CISF/security departments.
• Regular Patrolling: Regular patrolling is conducted around mines and OB dumps to ensure security.
• Joint Patrolling: Joint patrolling with local police is carried out in areas prone to pilferage.
• Check Posts: Check posts have been established at entry/exit points where all coal-laden vehicles are physically checked.
• Enhanced Security at Coal Dumps: Security at coal dumps has been strengthened with fencing, proper illumination, and round-the-clock guarding.

Why Do Governments Struggle to Cut Down Illegal Coal Mining in India?

Shifting Responsibility

• Illegal coal mining is a complex issue that often leads to parliamentary questions. However, because it falls under the law-and-order domain, the Union government frequently shifts responsibility to State authorities.
• This shift complicates coordinated efforts to address the problem effectively.

Economic Dependence on Mining

• Illegal coal mining is not a new phenomenon; it has persisted since before the nationalization of coal and continues in pockets of coal-rich areas or near abandoned mines.
• The high demand for coal as a fuel makes it challenging to control illegal mining. In many regions, local economies rely on mining activities, and illegal mining often takes over once official operations are exhausted, providing continued support to local communities.

Complex Legal Framework

• The legal framework governing coal mining is complex, which can result in bureaucratic hurdles and inefficiency in governance. This complexity can impede effective enforcement and oversight, allowing illegal mining operations to persist despite regulatory efforts.

Social and Political Factors

• A combination of economic, social, and political factors further complicates efforts to curb illegal coal mining.
• The political patronage alleged in some areas, coupled with local economic reliance on mining, creates additional barriers to effective enforcement and control measures.

Measures to Curb Illegal Coal Mining and Theft

Strengthen Regulatory Framework

• Simplify Legal Processes: Streamline and simplify the legal framework governing coal mining to reduce bureaucratic hurdles and improve enforcement efficiency.
• Update Legislation: Amend the Coal Mines (Nationalisation) Act, 1973 to address contemporary challenges in illegal mining and incorporate stricter penalties.

Enhance Surveillance and Monitoring

• Deploy Advanced Technology: Invest in state-of-the-art surveillance systems, including drones, thermal imaging, and remote sensing technologies, to monitor mining activities and detect illegal operations.
• Improve Data Integration: Integrate geographic information systems (GIS) with existing monitoring systems for real-time tracking and analysis of mining activities.

Increase Enforcement and Coordination

• Form Specialized Task Forces: Establish dedicated task forces at national, state, and district levels to focus on illegal mining and coal theft. These should include representatives from various agencies, including the police, environmental authorities, and mining experts.
• Enhance Inter-Agency Coordination: Improve coordination between federal and state agencies, local authorities, and coal companies to ensure a unified approach to tackling illegal mining.

Strengthen Community Engagement and Support

• Promote Alternative Livelihoods: Develop and support alternative livelihood programs for communities dependent on illegal mining. This can include training in new skills, support for small businesses, and development of other economic opportunities to reduce reliance on illegal mining.
• Community Awareness Campaigns: Conduct awareness programs to educate local communities about the dangers of illegal mining and the benefits of legal mining practices.

Improve Mining Practices

• Promote Sustainable Practices: Encourage the adoption of sustainable mining practices and modern technologies that enhance safety and efficiency in legal mining operations.
• Enhance Safety Regulations: Implement and enforce stringent safety regulations for mining operations to prevent accidents and fatalities.

Strengthen Legal and Administrative Measures

• Increase Penalties: Implement higher fines and longer prison sentences for those involved in illegal mining to act as a deterrent.
• Regular Audits and Inspections: Conduct regular audits and surprise inspections of mining sites to ensure compliance with legal standards and identify illegal activities.

Promote Transparency and Accountability

• Public Reporting Mechanisms: Establish transparent reporting mechanisms for illegal mining and coal theft, allowing citizens to report incidents anonymously.
• Strengthen Accountability: Hold public officials and law enforcement officers accountable for their roles in managing and overseeing mining activities.

Need for Political Will and Cooperation

• Political Will: Strong political will is essential to drive effective implementation of policies and measures against illegal coal mining. Leaders at all levels must commit to prioritizing and addressing this issue decisively.
• State and Central Cooperation: Effective cooperation between State and Central governments is crucial. Both levels of government must work together, share resources, and coordinate their efforts to tackle illegal mining comprehensively.

Conclusion

• By implementing these measures and recommendations, including promoting alternative livelihoods and ensuring robust political will and cooperation between State and Central governments, stakeholders can more effectively tackle illegal coal mining and theft, improving safety, compliance, and sustainability in the mining sector.

PRACTICE QUESTION Q. Why do governments in India struggle to effectively combat illegal coal mining? Discuss the key factors and suggest measures to improve control over this issue.

SOURCE: THE HINDU