The National Green Tribunal (NGT) banned rat-hole mining in 2014, and retained the ban in 2015, on grounds of it being ‘unscientific and unsafe’ for workers. The verdict was upheld by Supreme Court too.

                The collapse of a coal mine in Meghalaya’s East Jaintia Hills, trapping at least 15 workers who are still missing and are feared dead, has thrown the spotlight on rat-hole mining’s continuance, despite the ban.

The impact of the ban:

• The NGT order banned not only rat-hole mining but all “unscientific and illegal mining”.
• The court placed much emphasis on a report of O P Singh, professor of environmental studies of North Eastern Hills University of Shillong that explained the grave environmental concerns and health concerns.
• Rat-hole mining, which started with gusto in the 1980s, has poisoned three rivers in the Jaintia hills: the Myntdu, Lunar and Lukha. These rivers have very high acidic levels.
• It also took into consideration the dignity of the mine workers especially children who were employed.

It was thought that the ban had succeeded in tackling the problem of rat hole mining, the recent incidents have shown that the problem continues. The ban has accentuated the problems to a higher level. This is due to various reasons like

Loopholes in the law:

• The ban has been rendered meaningless by the Supreme court-sanctioned permission to transport “already-mined” coal till January 2019. Mine owners have used this loophole to continue mining operations illegally.
• Meghalaya comes under the 6th Schedule of Constitution. The provisions allow for community ownership of land and autonomy over its use. However they are taken over by private players and tribals are left helpless.

Lack of Political and Executive will:

• The unholy nexus of Politicians and Contractors: About 33% of political candidates have stakes in coal mining and transport companies, thus lobbying against the ban order.
• A committee (headed by Retired Justice B.P. Katoki) appointed by the National Green Tribunal (NGT) has blamed poor implementation of NGT order by executive.
• The committee revealed that the state government shockingly has no records about the rat-hole mines, number of workers involved and any other data relating to death or injuries to the workers.
• Blueprints of mines are not available which has hampered rescue operations in the current disaster.

Lack of Alternate Sources of Livelihood:

• It takes long to locate the quarry as local people were scared to divulge information, fearing a backlash from mine owners and lose their livelihood.
• It gives quick money for day-to-day survival.
• It is a cheap method for the mine owners to extract coal and presence of abundance of Migrant labour.
• The ban has led to secrecy which hampers rescue process during cases of emergency.

Way Forward:

• The Supreme Court must rectify this situation by banning transport of all coal, or by lifting the ban but enforcing regulation to make the mining non-polluting and safe.
• The State mining policy should include ways of alternative towards Rathole mining.
• Rat-hole mining has to be regulated and not banned as it will impact the livelihood of many people.
• The Schedule VI provisions must be implemented in true letter and spirit by granting community ownership rights. Involvement of Autonomous District and Regional Councils to further implement the orders is needed.
• Alternative employment or economic engagement for the coal mine owners and labourers must be provided. g.: MGNREGA.
• Strict implementation of Child labour prevention laws and Right to Education Act for the children involved in mining.
• Use of Satellite imagery and drone technology to find the locations of illegal mines as suggested by BP Katoki committee.
• Using experts like Geologists to evaluate the stability and prepare maps for the tunnels.
• Adopting eco-friendly and global best practices to reduce the risks.
• Involvement of Social Activists, NGO’s and Local community and education of the people about safety and security needed during rat-hole mining.

Conclusion:

The road ahead is to restore the environmentally degraded areas and rehabilitate exploited labour force.