INDIA: Stop Meghalaya Government from buying time for coal mine owners

Dear Friends,

The Asian Human Rights Commission has received information that the Meghalaya state government has placed an application before the National Green Tribunal to extend the date of transportation and payment of royalty on coal. This application has been made despite the government and mine owners having had one entire year to clear out the previously extracted coal. If the Tribunal grants permission to extend the date, the decision will only further benefit the coal mine owners, allowing them to continue illegal mining in Meghalaya, and thereby cause greater environmental damage, and affect the community and the labourers (child and adult), who are risking their lives in dark pits.

The National Green Tribunal imposed a ban on unscientific rat hole mining in Meghalaya on 17 April 2014 to mitigate the destruction of the environment, harm to the community, and danger to the adult and child labour. However, subsequently, the National Green Tribunal allowed the transportation of previously extracted coal. This allowed the coal mine owners to take advantage of the situation. They audaciously recommenced illegal coal mining in Meghalaya. Local commissioners appointed by the Tribunal that inspected coal mine areas have found freshly extracted coal lying in the vicinity of the coal mines and toll bridges; these observations of illegal mining are included in the report submitted to the National Green Tribunal. If the Tribunal once again grants an extension for the transportation of extracted coal, little prevents the miners from continuing the illegal and hazardous coal mining. 

CASE NARRATIVE:

A Public Interest Litigation (PIL) on unscientific rat hole mining in Meghalaya was filed in the National Green Tribunal, and the Tribunal imposed a ban on such activities in the state in its order dated 17 April 2014. The reason for the ban included environmental damages affecting the community and the employment of children for rat hole mining, which posed a threat to their lives. 

After various applications were filed by the coal mine owners and traders before the National Green Tribunal, in an order dated 7 October 2014, the coal mine owners were permitted to transport and pay royalty on previously extracted coal so that the coal mine owners could compensate the cost incurred on such extraction of coal before the ban was imposed. In compliance to this order, toll bridges were directed to be fully operational at every exit point in the state, and coal mine owners and transporters were directed to pay USD $484 million royalty to the Government of Meghalaya within 45 days, as per the Mines Development and Regulation Act, 1957, before they could transport the declared 6.3 million tonnes of extracted coal. 

The National Green Tribunal issued another order, dated 29 January 2015, wherein it directed the state to look into the matter of illegal coal mining and illegal toll bridges constructed in various parts of the region, despite the imposition of the ban and the direction on the functioning of 11 toll bridges. The state failed to comply with the orders of the Tribunal. Therefore, local commissioners were appointed by the Tribunal, in its order dated 26 February 2015, to check the smooth operation of coal transportation through toll bridges and submit a report on any suspicious illegal coal mining taking place in the state of Meghalaya at the end of every month. The reports submitted by the local commissioners show that the coal miners have been conducting flagrant illegally mining, with plentiful children still employed in rat-hole mining. 

Furthermore, another Tribunal order, dated 25 March 2015 states the following:

“The violations are not only apparent from the record but find due support from the facts placed on record by the State Government itself. The State Government has found as many as 73 cases of illegal transportation of coal in one district. In furtherance thereto, 15 more case of specific violation of the NGT orders had already been registered by the State Government. The total number of vehicles sealed are 87 in relation to one district i.e. East Jaintia Hill. As per the statement furnished by the State in all the 11 districts of the State of Meghalaya, 308 cases of violation have been registered and a total number of 605 trucks and 2675.63 tonnes of coal have been seized in addition to 40 Bags of coal.”

In relation to another application placed by the state government, i.e. Application no. 73 of 2014, the Tribunal issued another order, dated 14 May 2015, which states that:

“the State of Meghalaya submits that he has instructions to assure the Tribunal that there is no illegal and unauthorized transportation of coal being carried on in the State of Meghalaya. He also confirms that there is no illegal mining going on in the State of Meghalaya. He further states that since the monsoon have already set in, to avoid serious pollution problem particularly washing of coal, it may be in the interest of environment that the time of payment for royalty and transportation both are extended”.

The Tribunal proceeded to accede to the request made by the state government and allowed for the transportation of coal in the interest of the environment, since monsoon season had ben approaching, and the bare coal lying out in the open can be harmful and produce toxic substances. So, in its order, dated 14 May 2015, the Tribunal extended the date for payment of royalty to 31 May 2015, and transportation of the coal to 30 June 2015.

Although the date has been extended, the state has filed yet another application before the National Green Tribunal to extend the date of transportation of coal to 31 October 2015 and the payment of royalty to 31 August 2015. The Tribunal will hear this application on 31 July 2015, and decide on extending of transportation of coal or barring such extensions on transportation. 

ADDITIONAL INFORMATION:

Unscientific coal mining rather rat hole mining has been in operation for more than a decade now in the state of Meghalaya, and it has caused serious pollution of river and water bodies due to acidic nature of the effluent from the mines that are discharged into the nearest stream or river. The local communities use these fresh water sources for domestic purposes, and their pollution has created environmental hazards having injurious impact upon the health of residents. 

In 2012, the state witnessed one of the worst disasters that resulted in the deaths of 15 young laborers in one of the coalmines. It is this disaster that persuaded the High Court of Gauhati to take suo moto action and transfer the petition before the Court to the National Green Tribunal, which further led to the subsequent banning of coal mining in the state. 

In the past year, when the miners and transporters were allowed to transport previously extracted coal, complete chaos has been reported in the operation of coal transportation, due to non-functionality of most of the toll bridges, which frustrated the coal mine owners and truck drivers who had to wait for days in long queues for their turns to weigh the coal to be transported. The lack of a systematic way of operating these toll bridges by the officers–in–charge, belonging to the Department of Sales Tax, Transport, and the Directorate of Mineral Resources, stationed in the toll bridges in Meghalaya, led to anger and rage among the truck drivers, who ransacked toll bridges. The chaos can be highlighted in an incident that occurred on 2 February 2015, wherein angry truck drivers attacked the officials present, ransacking one of the toll bridges and setting it on fire in Umling, Meghalaya. 

The state has received huge revenue as payment of royalty on coal transported, which can aid the financial plan of action of the Meghalaya state to be self-sufficient in raising revenue, without seeking much financial help from the central government, and thereby help in creating alternative livelihood opportunities for the people of the state. 

The state can also revive traditional mining operations by investing in modern and scientific technology. The Meghalaya state has also received directives to this effect from the National Green Tribunal, in the order dated 24 February 2015:

“We also direct the State Government to file the mining plan before the Tribunal covering all the aspects indicated in this report as well as in the Order of the Tribunal earlier passed. We must clarify that the Tribunal would be unable to pass any directions in regard to the carrying of mining activity unless and until the mining plan with complete design and scientific methods to be adopted and for safety of mines and its workers, complete environmental protection and compliance to the Orders of the Tribunal in regard to the installation of weighbridges is complied with. Let the needful be done and report should be filed one week in advance before the date of hearing i.e. 16th April, 2015”.

However, the state government has done nothing to formulate a new mining policy so far. 

Next, according to the “Polluter Pays Principle”, the National Green Tribunal has, in its order dated 25 March 2015, directed the Meghalaya government to do the following:

“We direct that the State Government shall in addition to the royalty payable to it, also collect 10% of the said market value of the coal per metric tonne from each person. The amount so collected shall be deposited in the account to be titled as ‘Meghalaya Environment Protection and Restoration Fund’ to be maintained by the State under the direct control of the Chief Secretary of the State of Meghalaya. This amount shall only be used for restoration of environment and for necessary remedial and preventive measures in regard to environment and matters related thereto.”

It has already been three months but the state has said or done nothing in this regard. The state government has breached Article 21 of the Constitution, and taken no steps towards implementing directives under public health for those affected by coal mining. Article 21 of the Constitution of India gives every human being the right to life above any other interest including the economic interests of the state or individual, and Article 12 of International Covenant on Economic, Social and Cultural rights recognizes the right of every individual in attaining standard physical and mental health. 

The state government, for its part, claims that it does not have the finances to implement any development projects, due to the ban on coal mining, suggesting that such mining is the only source of revenue for the state. However, the AHRC has learned that, ironically, the Meghalaya state government is hiring some of the most expensive lawyers of the country, who charge a fee of not less USD$ 11,000 for every case hearing, to defend the removal of the ban on unscientific, illegal, and hazardous coal mining. 

SUGGESTED ACTION:

Please write to the authorities listed below, asking them to:

1) Reject the application of the state for yet another extension on transportation of coal;

2)Direct the concerned department of the state to submit a new state mining policy; 

3) Provide directives to ensure public health for the community residing around the coal mine areas and to those workers affected during the process of unscientific coal mining; 

4) Compensate victims through the concerned department under the law; 

5) Take serious steps towards restoring the environment. 

The AHRC writes a separate letter to the UN Special Rapporteur on the right of everyone to enjoyment of the highest attainable standard of physical & mental health and Committee on the rights of a child. The AHRC also writes a letter to the Chairperson of the National Green Tribunal. 

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