Skip to main content

National Human Rights Commission goes sou motu, begins to take notice of illegal mining activities in states

By A Representative
Anti-mining activists have noted that two of the recent National Human Rights Commission (NHRC) judgments suggest the top body may not take problems of the mining affected people lying down any more in India. One of them relates to a recent judgment by the NHRC where it issued notice to the Kerala government taking suo motu cognizance of allegations of illegal sand mining in coastal areas following reports that Jazeera V., a woman from Kerala, accompanied by her three small children, had moved to Delhi to protest at Jantar Mantar. 
Earlier, she sat for 64 days outside the Secretariat in Thiruvananthapuram, demanding action against sand mining mafia failed to yield any results, the NHRC issued a notice to the chief secretary, Government of Kerala, and district collector, Kannur, calling for their response to the allegations within two weeks.
“They have also been asked to inform about the legislative and administrative actions taken by the Government of Kerala for preventing illegal and indiscriminate mining of sand from the riverbeds and seashores, with particular reference to the Kannur district and to the allegations of Jazeera”, senior anti-mining activist Ashok Shrimali, following the development, said, adding, “Earlier, considering the matter an issue of protection of human rights, NHRC member Justice Cyriac Joseph visited the venue of the sit-in agitation by Jazeera, where she reiterated her allegations in the media reports that illegal sand mining in her hometown in district Kunnur has led to shrinking of the coastal area.”
Jazeera also said that this has resulted in the land around her house fast disappearing, the houses getting flooded during monsoon and that there was an imminent danger of losing the environment, which needed to be kept for the future generations. The NHRC observed that “illegal and indiscriminate mining of sand from the riverbeds and seashores raises serious environmental problems and threat to human rights”, adding, “It looks strange that 64 days sit-in agitation by Jazeera outside the Government Secretariat in Thiruvananthapuram did not produce any tangible result and it is unbelievable that the assurance stated to have been given by the Chief Minister of the State was not honoured and the illegal sand mining is continuing.”
The NHRC in its judgment also expressed concern over discontinuation of school education of Jazeera's two daughters, Rizvana, 12 years and Shifana, 10 years, as they were part of her sit-in agitation. It observed that “it would appear that Jazeera is ignoring her parental duty under Article 51 A (K) of the Constitution and Section 10 of the Right of Children to Free and Compulsory Education Act, 2009. Thus, action may be necessary to protect the right to education of her two daughters.”
In an earlier judgment, of November 2012, the Government of Goa was asked to pay Rs 5,000 each to 737 villagers, whose human rights were violated in police action a year earlier when they were protesting to stop illegal mining activities in and around village Carvem. “Now, the state government has been forced to submit proof of payment of a sum of Rs 36,85,000 paid to the victims. It recently informed that two members of a family refused to accept the financial relief, while three persons had expired. The commission has directed the additional secretary, department of home (general), Government of Goa to make payment, within four weeks, to the first class heirs of the three persons who had expired”, Shrimali said.
In their complaint to the NHRC, the villagers had alleged that they had been suffering from air and noise pollution as the mining truck owners and companies were plying their vehicles beyond the Government stipulated time. “The local police, instead of sympathizing with them, unleashed a reign of terror on innocent villagers and lathi-charged them”, Shrimali said.
In response to the NHRC's notice, the state government admitted that “some truck owners had violated the stipulated time schedule to operate trucks in the mining area and action was taken against them”, the activist said, adding, “The villagers were also apprehended under Section 151 Cr PC for blocking the roads and movement of mining transport”.
However, the NHRC said that the state government did not make it clear whether the mining activities were going on in the area legally or illegally. It took note of the state government's submission that separate cases and a commission of enquiry under Justice MB Shah was looking into the issue of illegal mining, but also observed that human rights of the villagers protesting against illegal mining were violated. Therefore, it issued notice to the chief secretary, Government of Goa to show cause why monetary relief should not be paid to the victims of police action.
Having received no response on merit, the NHRC recommended the amount of monetary relief after which the state government, while admitting the delay in response to show cause notice, requested the NHRC to reconsider its decision as the economy of the state had been affected badly due to stoppage of mining activities. The NHRC did not accept this contention and eventually issued conditional summons for the personal appearance of the chief secretary seeking a compliance report on its recommendation. In response, the additional Secretary, department of home (general) submitted the proof of payment of monetary relief.

Comments

TRENDING

The silencing of conscience: Ideological attacks on India’s judiciary and free thought

By Sunil Kumar*  “Volunteers will pick up sticks to remove every obstacle that comes in the way of Sanatan and saints’ work.” — RSS Chief Mohan Bhagwat (November 6, 2024, Chitrakoot) Eleven months later, on October 6, 2025, a man who threw a shoe inside the Supreme Court shouted, “India will not tolerate insults to Sanatan.” This incident was not an isolated act but a continuation of a pattern seen over the past decade—attacks on intellectuals, writers, activists, and journalists, sometimes in the name of institutions, sometimes by individual actors or organizations.

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Citizens’ group to recall Justice Chagla’s alarm as India faces ‘undeclared' Emergency

By A Representative  In a move likely to raise eyebrows among the powers-that-be, a voluntary organisation founded during the “dark days” of the Indira Gandhi -imposed Emergency has announced that it will hold a public conference in Ahmedabad to highlight what its office-bearers call today’s “undeclared Emergency.”

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

World Bank arm accused of hiding crucial report on Gujarat’s Tata Mundra power project

By A Representative   The Centre for Financial Accountability (CFA) has accused the Compliance Advisor Ombudsman (CAO), the accountability arm of the International Finance Corporation (IFC), of concealing crucial evidence related to the Tata Mundra coal power project in Gujarat during the period when the case was being heard in U.S. courts. In a press statement released on October 10, 2025, CFA said that the CAO’s final monitoring report, which was completed in 2019 but released only in September 2025, revealed that IFC had failed to take remedial action for years, even as environmental and livelihood harms to local communities worsened.

When communities lead: The story of Puttenahalli lake restoration in Bengaluru

By Alejandra Amor, Mansee Bal Bhargava  The tropical Indian ecology pushed communities to develop the art and science of rainwater collection since antiquity. Traditionally, harvesting rainwater through ponds, lakes, and wetlands formed an integral part of a holistic water system that included rivers, canals, wells, aquifers, and springs. These decentralized systems sustained irrigation, livestock, and domestic needs in rural areas, supported by generations of community water management practices embedded in both utilitarian and ritualistic values.

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...