GS Paper II & III

News Excerpt:

Recently the CM of Nagaland stated that Article 371A of the Constitution of India has been the major hurdle in the Nagaland government’s efforts to regulate small-scale illegal coal mining activities in the State.

Issue of regulation of small-scale mines:

• Incumbent government has been under pressure to regulate coal mining activities after six miners died in an explosion in a rat-hole mine near Ruchyan village in the Wokha district in January.
• Deputy CM of Nagaland raised the concern that illegal and unscientific coal mining operations were posing a serious threat to human and environmental health in Nagaland.
• Recently, the CM of Nagaland told the state assembly that Article 371A had impeded ensuring scientific mining of coal across five districts in the state.
  • These five districts are Longleng, Mokokchung, Mon, Tuensang, and Wokha. 

• According to the State’s Geology and Mining Department, 45 coal mining licence holders operate in these districts.

• Residents in coal-bearing areas depend on Rat Hole illegal mining for sustenance and they need to be educated on the adverse effects of such activities.

What Article 371A says?

• Article 371A is specific to Nagaland, and has special provisions guaranteeing the protection of land and its resources apart from the Naga customary law and procedure.
• Article 371(A) states that no act of Parliament shall apply to the State of Nagaland in respect of the religious or social practices of the Nagas, its customary law and procedure, administration of civil and criminal justice involving decisions according to Naga customary law and ownership and transfer of land and its resources.
• It shall apply to Nagaland only after the State Assembly passes a resolution to do so.

What is rat hole mining?

• Rat-hole mining, of two types, is so named as it involves digging tunnels 3-4 feet deep, barely allowing workers to crawl in and out. They have to squat while extracting coal with pickaxes. 
• The side-cutting type of mining is usually done on hill slopes by following a coal seam, dark brown or black-banded coal deposited within layers of rock which is visible from the outside. 
• The box-cutting entails digging a circular or squarish pit at least 5 sq. metre in width up to a depth of 400 feet. 
• Miners who drop down in makeshift cranes or using rope-and-bamboo ladders dig horizontally after finding the coal seam. 
• The tunnels are dug in every direction from the edge of the pit, resembling the tentacles of an octopus.

Status of Rat hole Mining in Nagaland:

• According to Nagaland's Geology and Mining Department, the State has 492.68 million tonnes of coal reserves but dispersed erratically and inconsistently in small pockets spread over a large area.
• So Rat-hole mining can be undertaken only with the consent of the departments concerned, including that of Forest and Environment.
• Small Pocket Deposit Licence may be granted only to individual landowners for undertaking rat-hole mining and shall not be granted to any company. 
• According to Section 6.4(ii) of the Nagaland Coal Policy (First Amendment) of 2014: - 
• The licence period shall not exceed 1 year.
• The intended mining area shall not exceed 2 hectares.
• The annual coal production does not exceed 1,000 tonnes per annum.
• Heavy machinery should not be used for extraction.
• Although the State government awarded several rat-hole mining leases with proper forest and environment clearances and definite mining plans, this has not stopped people from operating such mines illegally.

Way forward

• The Nagaland government should engage with local communities to educate them about the risks of illegal coal mining and provide alternative livelihood options. 
• It should strengthen enforcement mechanisms to regulate mining activities, ensuring compliance with safety and environmental standards. 
• The government should streamline the process for legal mining operations and improve coordination among relevant departments to address the issue effectively.

Conclusion:

Addressing the challenges posed by illegal coal mining in Nagaland requires a multifaceted approach. The government must balance the protection of traditional rights and customs with the need for sustainable development and environmental protection. Effective enforcement, community engagement, and streamlined regulations are key to achieving this balance and ensuring the well-being of both the people and the environment in Nagaland.