Context:
The regulation of coal mining in Nagaland faces a significant hurdle due to Article 371A of the Indian Constitution. This constitutional provision, which upholds Naga customary law, creates complications for government oversight of small-scale mining, particularly in the aftermath of recent fatalities resulting from a rat-hole mine explosion.
Relevance:
GS II: Polity and Governance
Dimensions of the Article:
- Article 371A of the Indian Constitution: Special Provisions for Nagaland
- Regulation of Rat-Hole Mining in Nagaland: Challenges and Policies
Article 371A of the Indian Constitution: Special Provisions for Nagaland
Introduction and Background:
- Article 371A became part of the Constitution in 1962 through the 13th Amendment, providing special provisions for Nagaland (formerly Naga Hills and Tuensang Area).
Scope of Article 371A:
- States that no act of Parliament shall apply to Nagaland concerning:
- Religious or social practices of the Nagas.
- Naga customary law and procedure.
- Administration of civil and criminal justice following Naga customary law.
- Ownership and transfer of land and its resources.
Legislative Authority:
- Specifies that the Nagaland Legislative Assembly can alter these provisions through a resolution, indicating a level of autonomy in decision-making.
Impact on State Government Authority:
- Results in limited authority and jurisdiction for the state government over land and resources.
- Local communities own and control these resources, governed by their customary laws and practices.
Regulation of Rat-Hole Mining in Nagaland: Challenges and Policies
Coal Reserves in Nagaland:
- Nagaland possesses substantial coal reserves totaling 492.68 million tonnes, but these are dispersed irregularly in small pockets across a vast area.
Mining Policy and Rat-Hole Mining:
- The Nagaland Coal mining policy, established in 2006, permits rat-hole mining due to the scattered nature of coal deposits, making large-scale operations impractical.
Characteristics of Rat-Hole Mining:
- Rat-hole mining involves extracting coal from narrow horizontal tunnels, often dug by hand, posing risks of accidents and environmental hazards.
Licensing for Rat-Hole Mining:
- Rat-hole mining licenses, known as small pocket deposit licenses, are exclusively granted to individual landowners for limited durations and under specific conditions.
- Section 6.4(ii) of the Nagaland Coal Policy (First Amendment) of 2014 sets restrictions on mining areas, annual production, and prohibits heavy machinery usage.
Compliance and Clearances:
- Rat-hole mining operations require consent from relevant departments, including Forest and Environment, to ensure compliance with environmental regulations.
Challenges in Regulation:
- Despite clearances and defined mining plans, instances of illegal rat-hole mining persist, complicating regulatory efforts.
Impact of Article 371A:
- Article 371A grants Nagaland special rights over its land and resources, making it challenging for the government to impose regulations that might be perceived as infringing on these rights.
Struggles in Small-Scale Mining Regulation:
- The Nagaland government faces difficulties in effectively regulating small-scale mining, particularly those conducted by individual landowners, due to limitations posed by Article 371A.
Safety Concerns and Urgency for Regulations:
- Recent deaths in a rat-hole mine underscore the safety risks associated with unregulated mining practices, emphasizing the need for effective regulations and proper safety measures.
-Source: The Hindu
