Skip to main content

Representation to Gujarat governor takes strong exception to mining activities in scheduled areas of the state

By Our Reprsentative
Several grassroots organizations of Gujarat under the banner of Mines, Minerals and People (MM&P) have represented to state governor Dr Kamla against continued mining of the tribal areas of Gujarat, saying this is happening “against the Constitutional provisions, which prohibit mining of any natural resources that come under the tribal areas, whether it is water, land or forests.” The representation underlined, “It is illegal to allow mining in the tribal areas without prior approval of the gram sabha.”  Those who represented included Ashok Shrimali from MM&P, and social workers from affected tribal villages of South Gujarat. There were Namikaben Chaudhury, who is also sarpanch of Mordevi village panchayat, Bhupendrabhai Chaudhary, of Kosambia village, Manendrabhai Chaudhury or Bahej village, and Lalsinhbhai Gamit of Valod village. 
The decision to represent to the Gujarat governor was taken in the wake of a South Gujarat workshop with the participation of several grassroots organizations, organized by Andhra Pradesh-based NGO Samata, on May 18, under the project Mining Information Clearing House of India, in collaboration of Gujarat’s Setu Centre for Social Knowledge and Action, Adivasi Ekata Parishad, Gandhi Vidhyapith, Vedachhi, and Samasta Adivasi Samaj. 
More than 75 participants from south Gujarat participated in the workshop and discussed in detail about mining laws, environmental impact and violation of the Panchayats (Extension to Scheduled Areas) Act (PESA), 1996, a law enacted by Parliament covering the scheduled areas to provide tribals sovereign rights over the natural resources in their areas.
The representation to the governor, while reiterating the need to implement PESA in both letter and spirit, underlines, “The Supreme Court of India in October 2002 upheld the rights of the tribal people over the natural resources of the areas where they live. On July 29, 2011, the Supreme Court ordered the Karnataka government to immediately stop all illegal mining activity taking into account the existing constitutional provisions.”
The representation says, “Even the Gujarat government’s own notification dated August 27, 2010, of the state industries and mines department, says that only fallow land can be mined. There is no reference to mining of rivers in the notification. The notification further says that there cannot be any mining in an area within 200 metres from a dam, reservoir or a source of water."
It adds, "On August 27, 2010, it was clarified in yet another notification that in case of a scheduled area, there cannot be any mining without the permission of the gram sabha.” Pointing out that despite this, in large areas of South Gujarat mining activities in tribal areas have been continuing, the representation asked the governor to "seek an explanation on this from the Gujarat government."
Meanwhile, the Samata-sponsored workshop on mining activities in South Gujarat expressed concern over the changes proposed by the Parliamentary Standing Committee (PSC) in the Mines and Minerals (Development and Regulation) (MMRD) Bill, 2011. The committee wants that 26 per cent of profit of previous year (for coal and lignite), for community development, be replaced with a mechanism to share royalty in order to make funds available to the local people. Shrimali, who participated in the workshop, said, “Every time the bill has gone through administrative, ministerial and executive check, the provisions to share profits with those affected by mining has seen an exponential drop.”
He underlines, “From 26 per cent equity to royalty sharing in case of non-coal minerals and 26% profit of coal and lignite mining operations, it has now been suggested that in case of coal and lignite, royalty be the basis of payment to district mineral foundation. This is in the midst of the coal scam unearthed in the preceding year.” This is against what former minister of state for mines BK Handique, while speaking at the national consultation in New Delhi organized by Oxfam and MM&P told the audience that “benefits should not be merely doles, these should reflect respect and honour to those who have faced the brunt of mining over the years.”
Shrimali says, “There seems to be utter confusion on 'compensation' aspects to the affected, as there is no clear definition of the affected persons in the case of mining. Downstream impacts of mining are not taken into account. The downstream affects include choking and pollution of rivers by debris and chemicals. At many places, where the land is to be acquired, the recommendations suggest that it awaits the Land Acquisition (Rehabilitation and Resettlement) Bill which is pending with Parliament, and suitable insertions would be made in the MMDR Bill later.”
Shrimali further says, “Other recommendations made by MM&P, Oxfam and other civil society bodies have not seen any mention in the PSC report. The important ones are ensuring heavy penalizing provisions including upward financial penalization and termination of license for a longer period.” He adds, “Sustainable development framework which is considered as the central theme to make mining more sustainable has been left without any useful thoughts by the PSC as well as the government, mere international principles and no benchmarks/ indicators make it redundant in its present form.”
Shrimali recalls, “The Supreme Court’s Samata judgment, which nullified all mining leases granted by the state government in Andhra Pradesh in the Scheduled areas and asked it to stop all mining operations, underlined the need to provide an equitable chance for tribals and their cooperatives to share profits. Yet, in states there is nothing to show that they have co-shared their knowledge or developed skills of cooperatives. Even the net 20 per cent profit suggested by the Supreme Court has not been followed, what more is expected? Now PSC wants to seek legal opinion on the constitutional provisions of the Samata judgment and consider the same for tribal cooperatives.”
Shrimali emphasizes, “While the PSC mentions that the proposed National Mining Tribunal should intervene where there are apprehensions of violations of such acts of omission and commissions, yet it recommends that any appeal arising from the National Mining Tribunal may vest with the Supreme Court instead of the High Court. It also recommends just technical skills as requirement for the chairperson and members of the proposed authorities. This is quite contrary to the MMDR Bill, which wants qualifications of humanities or law as also understanding the needs of the project affected persons.”

Comments

TRENDING

Reducing emission? India among top nations whose coal as energy source going up

By NS Venkataraman*  The State of the Global Climate report by the World Meteorological Organization (WMO) confirmed that the year 2023 was the warmest year on record, with the global temperature of 1.4 degree celsius above pre-industrial 1850-1900 base line.

Lockdown 'total failure' of science more than of politics: Open letter on 4th anniversary

Counterview Desk  In an open letter to fellow academicians, scientists and medical practitioners in India, marking the fourth anniversary of India's lockdown (25 March 2024), the Managing Committee* of the Universal Health Organisation (UHO) has insisted on the need to "repair two years of immense damage to science".

Insider plot to kill Deendayal Upadhyay? What RSS pracharak Balraj Madhok said

By Shamsul Islam*  Balraj Madhok's died on May 2, 2016 ending an era of old guards of Hindutva politics. A senior RSS pracharak till his death was paid handsome tributes by the RSS leaders including PM Modi, himself a senior pracharak, for being a "stalwart leader of Jan Sangh. Balraj Madhok ji's ideological commitment was strong and clarity of thought immense. He was selflessly devoted to the nation and society. I had the good fortune of interacting with Balraj Madhok ji on many occasions". The RSS also issued a formal condolence message signed by the Supremo Mohan Bhagwat on behalf of all swayamsevaks, referring to his contribution of commitment to nation and society. He was a leading RSS pracharak on whom his organization relied for initiating prominent Hindutva projects. But today nobody in the RSS-BJP top hierarchy remembers/talks about Madhok as he was an insider chronicler of the immense degeneration which was spreading as an epidemic in the high echelons of th

Magnetic, stunning, Protima Bedi 'exposed' malice of sexual repression in society

By Harsh Thakor*  Protima Bedi was born to a baniya businessman and a Bengali mother as Protima Gupta in Delhi in 1949. Her father was a small-time trader, who was thrown out of his family for marrying a dark Bengali women. The theme of her early life was to rebel against traditional bondage. It was extraordinary how Protima underwent a metamorphosis from a conventional convent-educated girl into a freak. On October 12th was her 75th birthday; earlier this year, on August 18th it was her 25th death anniversary.

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam* RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.

'Flawed' argument: Gandhi had minimal role, naval mutinies alone led to Independence

Counterview Desk Reacting to a Counterview  story , "Rewiring history? Bose, not Gandhi, was real Father of Nation: British PM Attlee 'cited'" (January 26, 2016), an avid reader has forwarded  reaction  in the form of a  link , which carries the article "Did Atlee say Gandhi had minimal role in Independence? #FactCheck", published in the site satyagrahis.in. The satyagraha.in article seeks to debunk the view, reported in the Counterview story, taken by retired army officer GD Bakshi in his book, “Bose: An Indian Samurai”, which claims that Gandhiji had a minimal role to play in India's freedom struggle, and that it was Netaji who played the crucial role. We reproduce the satyagraha.in article here. Text: Nowadays it is said by many MK Gandhi critics that Clement Atlee made a statement in which he said Gandhi has ‘minimal’ role in India's independence and gave credit to naval mutinies and with this statement, they concluded the whole freedom struggle.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

'Wrong direction': Paris NGO regrets MNC ArcelorMittal still using coal-based steel

By Rajiv Shah  A new report by Paris-based non-governmental research and campaigning organization, Reclaim Finance, has blamed the MNC ArcelorMittal – formed in 2006 following the takeover and merger of the western European steel maker Arcelor (Spain, France, and Luxembourg) by Indian-owned Mittal Steel – for using use “climate destructive” metallurgical coal for its projects in India.

Attack on foreign students: Gujarat varsity's reputation, ranking at stake, say academics

Counterview Desk  Expressing anguish over the attack on international students in Gujarat University hostels, a letter claimed to have been signed by 122 current and former academics has asked the Gujarat Vice Chancellor, Dr Neerja Gupta, to provide emotional support to the attacked students and to ensure their physical safety.  

Poor private sector engagement 'impacting' carbon pricing policy in Global South

Counterview Desk  The joint report by Environmental Defense Fund and Observer Research Fund, "Navigating Carbon Pricing: The G20 Experience and Global South Prospects", delves into the complex landscape of carbon pricing, examining its application within the G20 nations and the potential implications for emerging economies in the Global South.  The report claims to provide insights and recommendations for effective carbon pricing strategies in diverse economies.  A note: The Environmental Defense Fund (EDF) and Observer Research Foundation (ORF) have launched the Navigating Carbon Pricing: The G20 Experience and Global South Prospects” report. The report delves into the complex landscape of carbon pricing, examining its application within the G20 nations and the potential implications for emerging economies in the Global South. The report offers a comprehensive analysis of various carbon pricing instruments currently in existence, providing valuable i