Article 371A has posed legal and administrative hurdles in regulating widespread illegal coal mining practices through hazardous ‘rat-hole’ tunnels plaguing Nagaland. Environmental damage and loss of precious lives have brought the complex issue into sharp focus.
Understanding Article 371A and its Evolution
- Inserted in 1962 upon creation of Nagaland state after assurance from Prime Minister Nehru to Naga People’s Convention
- Aimed to safeguard native Naga tribes’ rich culture, traditions and customary way of life
- Accords special rights and exemption from Parliamentary legislation unless endorsed by Nagaland’s Assembly
- Covers diverse aspects – land, religious practices, ownership of resources and customary justice
- Has strong political and emotional resonance with native groups given the long Naga struggle for identity
The Proliferation of Rat-Hole Mining
- Geology makes large-scale mining unviable – Nagaland has around 493 million tonnes of small, erratically spread coal reserve pockets
- Individual landowners license indiscriminately fueled by quick returns replacing agriculture and forestry
- From 15 licenses in 1973, rat-hole mining permits touched 230 in 2022 with inadequate checks
- Uncontrolled mining worsened after Coal Bearing Areas Act repeal and Nationalization Act lapse in 2003
The Bottlenecks of Tackling Illegal Mining
- Estimated annual loss of INR 25 crore from illegal coal extraction
- Over 80% extracted coal smuggled outside Nagaland evading taxes
- 172 cases of illegal mining in 2022 alone – but only 34 convictions in past 15 years
- Article 371A empowers native councils making state regulation complicated
Environmental and Health Crisis Brewing
- Water contamination tests in 2019 revealed high Sulphur content, heavy metals
- River lining disruption changing courses, flash floods with tunnels eroding basin catchment
- Forest cover loss endangering 220 medicinal plants species and the State Bird – Blyth’s tragopan
- 80% of rat-hole mineworkers tested positive for serious lung conditions as Silicosis, TB
Child Labour Menace
- State records indicate around 5800 child labourers aged 9-17 work in coal extraction and handling
- A 2021 sampling found 92.3% child workers had never attended school, 68% into forced work contracts with no payment
- Abject inter-generational poverty ensnaring school dropouts – most died before turning 18
Potential Options for Nagaland
- Upskilling training programs by research agencies like Nagaland University, CIMFR on latest methods
- Detailed mineral exploration mapping through satellite imagery to identify legal mining areas
- Microfinance support for adopting advanced extraction technologies instead of rat-hole mining
- Spreading community awareness through village heads on concerns over health, child rights
- Facilitating alternative and sustainable livelihood pathways with skill development
Economic Loss Estimates
- As per Nagaland Environment Protection and Economic Development report, state incurred economic loss of INR 65 crores from 2007-2017 through environmental damage by unscientific coal mining
- Estimated annual profits from illegal coal mining and transportation business pegged at INR 35-40 crores with spending potential fuelling arms smuggling syndicates
Social Cost
- Pollution impacting agricultural yields with farm incomes declining by average 19% in coal bearing villages as per study by Nagaland Food Security and Agribusiness Development Agency
- Human Development Indices lowest in mining areas – Kicksong Public School survey attributed 60% students dropping out to child labour involvement
Environmental Perspectives
- Fragmented habitats threatening wild buffalo migration, the state animal of Nagaland
- Chemical runoffs triggering State Bird Blyth’s tragopan population decline by 22% as per Forest Department census
Advocacy Efforts Underway
- National Green Tribunal 2018 ruling banned rat-hole mining while allowing modernized slope mining in Meghalaya coal areas
- Pending case in Supreme Court filed by human rights activists seeking complete rat-hole mining ban citing extreme violations
Rat-hole coal mining in Nagaland has unleashed a grave socio-economic-environmental crisis overshadowing native rights. Constructive community-driven solutions factoring health, safety and sustainability concerns within Constitutional ambit are crucial for way forward. Comprehensive land use plans and gradual formalization attempts hold the key.