Affiliations: Faculty of Law, Aligarh Muslim University, Aligarh-202001, U.P., India | [a] Advocate, Supreme Court of India, New Delhi | [b] Geography Section, Women’s College, Aligarh Muslim University, Aligarh | [c] Senior Secondary School (Girls), Aligarh Muslim University, Aligarh
Abstract: The paper appreciates coal mining laws and policies applied by National Green Tribunal to ban traditional, artisanal and rat-hole coal mining in Jaintia Hills of Meghalaya (a state in India) in an attempt to conserve its environment and biodiversity. Meghalaya represents an important part of the Indo-Burma biodiversity hotspot which is one of the four bio-diversity hotspots of India and ranks 34th among the hotspots in the world. It is equally bestowed with rich deposits of coal, which can be found in the Khasi Hills, Garo Hills and Jaintia Hills districts. Coal mining from these districts is labour-intensive and involves digging narrow rat-hole sized tunnels that are four-feet high. The workers enter into the rat-hole in an extremely hazardous manner, setting aside the ergonomic principles for the extraction of coal. The legal framework of coal mining is governed by Mines Act, 1952, Mines and Minerals (Development and Regulation) Act, 1957, Mineral Concession Rules, 1960, Coal Mines (Nationalization) Act, 1973, Mineral Conservation and Development Rules, 1988 and Mines and Minerals (Development and Regulation) Amendment Act, 2015. However, these laws are not applied to Meghalaya because of its constitutional status enshrined in Sixth Schedule and Article 244 of the Constitution of India, 1950. Coal mining has brought employment opportunities, tribal sustenance and economic development that led to environmental degradation, disruption of ecosystems and biological diversity. The hazardous pursuits have been bereft of safety and ergonomic principle besides being oblivious of SDF of mining laws and policies in India.
