The recent incident where three workers died of asphyxiation inside an illegal coal mine in Gujarat’s Surendranagar district, underscores the severe lack of safety measures in unauthorised mining operations.
- Workers were found to be operating without essential safety gear such as helmets and masks, reflecting the broader issue of inadequate enforcement of mining regulations.
Background
- Recent Incidents
- June 2023: Three people, including a ten-year-old child, killed after an illegal mine collapsed in Dhanbad district, Jharkhand.
- October 2023: At least three people killed during illegal extraction in Paschim Bardhaman district, West Bengal.
- Similar fatalities in other regions highlight the widespread problem of illegal coal mining.
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Historical Context
- Coal Nationalisation: Coal in India was nationalised in two phases
- Phase 1: Coking coal (used for the production of coke in the steel industry) nationalised in 1971-72.
- Phase 2: Non-coking coal mines nationalised in 1973.
- Governing Legislation: The Coal Mines (Nationalisation) Act, 1973 is the central legislation that determines eligibility for coal mining in India.
- State Responsibility: Illegal mining is a law and order problem under the State list, placing the onus on State governments rather than the Union government.
Illegal Mining
- About: Illegal mining refers to the unauthorised extraction of minerals or resources from mines without proper licence or adherence to regulatory standards.
- It often involves unsafe practices, lack of environmental safeguards, and evasion of legal and financial obligations, leading to hazardous conditions and significant socio-economic impacts.
Coal India Limited:
- Coal India Limited (CIL) is an Indian central public sector undertaking under the ownership of the Ministry of Coal, Government of India.
- It is headquartered at Kolkata.
- It operates under the Coal Mines (Nationalisation) Act, of 1973, which gives it a monopoly over coal mining and distribution in the country.
- It was a fully government-owned entity until its disinvestment in 2010.
- Currently, the government holds a majority shareholding with a share percentage of 67%.
Coal Mines (Nationalisation) Act, of 1973
- Under the Coal Mines (Nationalisation) Act, of 1973, Coal mining was exclusively reserved for the public sector.
- The Act established central control over coal mining with specific provisions for limited private sector involvement.
- 1976 Exceptions: Captive Mining by Private Companies was allowed in iron and steel production and subleasing in isolated small pockets.
- 1993 Amendments: Private Sector Participation was permitted in captive coal mining for power generation, coal washing, and other notified end uses.
- Mining of coal for captive use in cement production was permitted by government notification.
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- Method:
- Proximity to Surface: Illegal miners target coal seams closer to the surface.
- Surface Mining: Simple and less regulated method used by illegal miners.
- Rat-Hole Mining: Another basic method involving narrow tunnels, often used in illegal mining operations.
- Economic Incentives for carrying out Illegal mining:
- Low Operational Costs: Illegal mining involves significantly lower costs compared to legal mining operations.
- High Profit Margins: The minimal investment required leads to substantial profits, making illegal mining attractive.
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Reasons for Many Deaths in Illegal Coal Mines
- Lack of Safety Equipment
- Primary Risk Factor: Operations are carried out with minimal to no safety. There is an absence of helmets, masks, and other safety gear.
- Respiratory Risks: Increased exposure to coal dust, leading to respiratory issues.
- Toxic Gas Exposure: Example from Surendranagar incident where workers died from carbon monoxide poisoning.
- Hazardous Working Conditions
- Structural Support: Illegal mines often lack proper structural support, increasing the risk of cave-ins, landslides, and explosions.
- Toxic Substances: Workers are exposed to harmful substances like lead and mercury, leading to acute poisoning or chronic health conditions.
- Lack of Training and Emergency Preparedness
- Untrained Workforce: Many workers lack the necessary training for mining and handling associated risks.
- Emergency Response: Inadequate training and facilities for quick response during emergencies.
- Operator Negligence and Worker Exploitation
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- Negligence: Operators often neglect safety protocols and worker welfare.
- Exploitation: Workers are frequently exploited, exacerbating the risks involved in illegal mining activities.
Reasons for Illegal Coal Mining Being Rampant in India
According to the Ministry of Coal, illegal mining in India is mostly carried out in abandoned mines or shallow coal seams in remote or isolated places. Several factors contribute to illegal coal mining in India.
- Demand and Supply Dynamics: Coal is the most abundant fossil fuel in India, accounting for 55% of the country’s energy needs.
- The high demand for power in India translates into a high demand for coal, which often outstrips the legal supply, prompting illegal supply.
- Socio Economic Factors: Many areas that are rich in coal are also situated close to homes for populations struggling with poverty and unemployment, which contributes to illegal mining in these areas.
- Regulatory Challenges: In remote areas, mining regulations can be weak due to inadequate monitoring and lack of resources, leading to weaker enforcement.
- This can result in the rise of “coal mafias,” as has been alleged in multiple cases of illegal coal mining in India.
- For example, in 2018, activist Marshall Biam of the North East Indigenous People’s Federation registered a complaint accusing a “police-backed” coal gang of threatening him. Mining tragedies are not uncommon in coal-rich Meghalaya.
- Political Influence: Illegal mining reportedly receives tacit support from political leaders, making it difficult to curb.
Challenges in Curtailing Illegal Coal Mining in India
- Jurisdictional Issues
- Law and Order Problem: Classified as a State responsibility.
- Blame Shifting: The Union government often shifts responsibility to State authorities.
- Historical Persistence
- Pre-Nationalisation: Illegal mining existed even before coal nationalisation.
- Continued Practice: Remains prevalent in coal-rich areas and near abandoned mines.
- Local Economic Dependency: Communities rely on mining for livelihood, continuing illegal practices after official operations end.
- Regulatory and Legal Challenges
- Complex Legal Framework: Intricate regulations create bureaucratic hurdles and governance inefficiencies.
- Weak Enforcement: Inadequate monitoring and resources in remote areas hinder effective regulation.
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Laws relating to Mining in India
- State Government Ownership: According to the entry at serial No. 23 of List II (State List) of the Constitution of India, the state government is mandated to own the minerals located within their boundaries.
- Central Government Ownership: According to the entry at serial No. 54 of List I (Central List) of the Constitution of India, the central government is mandated to own the minerals within the exclusive economic zone of India (EEZ).
- Legislative Framework: In pursuance of these constitutional mandates, the Mines & Minerals (Development and Regulation) (MMDR) Act of 1957 was framed to regulate the development and regulation of mines and minerals in India.
- The Act was further amended in 2016 and 2020 to address specific emergent issues and was last amended in 2021.
- National Mineral Policy 2019: The National Mineral Policy 2019 aims to promote extensive exploration, including deep-sea resources, to improve the mining industry’s contribution to GDP.
- Pradhan Mantri Khanij Kshetra Kalyan Yojana (PMKKKY): It is a welfare scheme for mining-affected areas, and the Sagarmala project, which aims to develop port infrastructure to support the growth of the mining sector.
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- This is a new programme meant to provide for the welfare of areas and people affected by mining related operations, using the funds generated by District Mineral Foundations (DMFs).
- Coal: The Backbone of India’s Energy System:
- Coal accounts for more than 55% of India’s primary commercial energy.
- Coal-fired power generation accounts for about 70% of the total power generation.
- Coal production accelerated in the last five years, leading to reduced import dependence.
- In FY24, India produced 997.2 million tonnes of coal, imported 261 MT and consumed 1233.86 MT10.
- The ratio of domestic production of coal to consumption improved gradually over the last decade as the growth in production outstripped the growth in consumption
- Coal, which accounts for 70% of the total electricity generation, is also a critical input in various industries, such as steel, sponge iron, cement, and paper.
- It is expected to continue to be the backbone of the Indian energy system for the next two decades and the phase-down of the dry fuel will be heavily dependent on the import of critical minerals required for clean energy and battery storage.
- Gasification Technology:
- The adoption of gasification technology in India can transform the coal sector and bring down the dependence on import of natural gas, methanol, and ammonia, and will help lower emissions.
- The country is aiming to gasify 100 million tonnes of coal under the National Coal Gasification Mission by 2030 through surface coal, lignite gasification projects.
- A scheme with an outlay of ₹8500 Crore during 2023-24 to provide viability gap funding to coal/lignite gasification projects has been launched.
- Coal Evacuation Systems:
- Coal India Limited (CIL) is gradually moving to a high capacity coal evacuation system, making it more efficient and efficient by installing coal handling plants/silos under its ‘First Mile Connectivity’ projects.
- The Government launched Integrated Coal Logistics Policy and Plan in February 2024 to develop technologically enabled, integrated and cost-effective logistics for coal evacuation.
- Initiatives for Emission Reduction and Environmental Sustainability:
- Initiatives such as extracting Coal Bed Methane (CBM) gases, exploring coal to hydrogen, carbon capture and storage, and coal beneficiation through washeries can reduce emissions and enhance environmental sustainability.
- Encouragement to adopt supercritical and ultra-super-critical technologies for coal power plants has also led to lower emissions and higher efficiency.
- Coal can be used as a green energy source, such as coal mine methane (CMM), coal bed methane (CBM), coal to liquid, and coal to methanol. The CMM and CBM need to be tapped progressively.
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July 26, 2024
