Reported by
Legal Review by
Edited by
Updated by
Published on
January 3, 2024
January 4, 2024
Edited on
January 3, 2024
Land Area Affected (in Hectares)
Starting Year
Nongalbibra
Gasuapara, Chokpot, Rymbai, Ksan, Rongding Awe, Dangsa Awe, Rongsa Awe, Gare Gittim and Are Gittim, Nengchigen Shallang, Jadigittim, Garegittim, Daramngdura
South Garo Hills, West Jaintia Hills, East Jaintia Hills
Coal Mining
Despite a ban on rat-hole mining of coal in Meghalaya by the National Green Tribunal (NGT) in 2014, illegal coal continues to be extracted and moved across borders of Meghalaya. Illegal coal mining has not only been a nemesis to the environment but also a threat to human lives.
LCW analysis of news reports shows that nearly 60 people either lost their lives or suffered injuries due to illegal coal mining in the state since 2012. Several activists have also been attacked and given threat calls for looking into the illegal coal mining issue in the state. These are the officially reported figures, the actual number of people affected due to rat-hole mining is expected to be higher. This figure doesn't include the numbers of villagers affected due to environmental degradation such as polluted water bodies.
Rat-hole mining involves digging 3-4 feet deep tunnels, barely allowing workers to crawl in and out. They have to squat while extracting coal with pickaxes. There are two kinds of rat-hole mining - side-cutting and box-cutting mining. While the side-cutting type of mining is usually done on hill slopes, box-cutting entails digging a circular or squarish pit at least 5 square metres in width up to a depth of 400 feet. In the latter, miners have to drop down in makeshift cranes or using rope-and-bamboo ladders dig horizontally after finding the coal seam. The tunnels are dug in every direction from the edge of the pit, resembling the tentacles of an octopus.
Coal mining in Meghalaya is small-scale and an unorganized venture controlled by individuals who own the land, making it extremely difficult for officials to track these illegal mines.
Activists say commercial coal mining in Meghalaya is too unprofitable to sustain as mining land is leased out as small holdings that are "returned" once the coal is exhausted. However, there is no regard for the consequences on the people who inhabit the dread landscape left behind.
A study on the mining-affected areas in Meghalaya highlighted that water streams and rivers of all three hills (Jaintia, Khasi, and Garo) have been affected by coal mining. The adverse effects are severe in Jaintia Hills as most of the streams in coal mining areas have become highly acidic. Meanwhile, scholarly studies have demonstrated the alarming privatization of land in Meghalaya, where over half the population is now landless.
Back in 2019, a 379-page report, compiled by social activists, urged the Supreme Court to completely ban coal mining in Meghalaya as it has led to severe environmental degradation.
In 2022, another report, prepared by a court-appointed panel, found that the state had overstated the quantity of coal extracted before the ban by 13 lakh metric tonnes. The Meghalaya High Court, which formed the committee to help enforce the coal mining ban in the state, said the latest findings made it “apparent” that “...the state sought to pass off (13 lakh MT of illegally-mined coal) as coal mined before the imposition of the ban”.
A timeline of events shows that in 2012, 30 coal labourers were trapped inside a coal mine at Nongalbibra in the District of South Garo Hills, and 15 of them died inside the coal mine. In December 2018, in a separate fatal accident amidst illegal coal mining, 15 miners trapped by flooding in an illegal coal mine in Ksan village were rescued in Meghalaya's East Jaintia Hills district. In January 2021, six persons died inside a mine after a crane carrying them snapped in the East Jaintia Hills district.
Until 2021, the government had registered some 250-odd cases related to illegal coal mining in the state.
In June 2023, following complaints by locals and exporters, the headman (locally known as Nokma) of Gasuapara village had served an eviction notice to illegal coal kingpin Balwan Soni alias Bhama asking him to leave the Gasuapara Land Customs port within two days. However, there has been no updates on it so far.
While speaking to LCW, one of the sources, who requested anonymity, said, "Illegal mining continues in many parts of the state, including parts of West Jaintia Hills and Garo Hills. Coal-laden trucks are moving to and fro across states and cross-border to Bangladesh. It's too complicated and even though the court has banned it, it has been one of the common sources of income for all owners of land where mining is carried out."
In 2023, social activist Flaming Marak, who complained about the ongoing illegal rat-hole mining in South Garo Hills District, said, "The illegal mining and illegal transportation of coal have not only violated the law of the land and the Constitution of India but it has incurred huge loss of revenue to the state of Meghalaya and also has affected the environment and more importantly due to illegal and unscientific mining has even led to the loss of many precious lives as many labourers and miners have died in many tragic incident while operating the rat-hole mining."
While hearing a PIL, Meghalaya High Court said that large-scale unscientific mining of coal in the state may lead to disastrous consequences. The court also said it is necessary to call in the central armed police forces (CAPF) to stop the illegal mining and transportation of coal in the state.
Opposition against environmental degradation
Demand to stop mining and transportation of illegal coal
Rural
Common and Private
Forest and Non-Forest
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Residential area, Government or community-regulated urban commons, Water bodies
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Violation of environmental laws
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
National Green Tribunal, Supreme Court of India
Name(s) of the Court(s)
Supreme Court of India, Gauhati High Court, Meghalaya High Court
Case Number
Original Application No. 110(THC)/2012, C.A. 10720/2018
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Blackmail/threats/intimidation
Attempted killing
Other harassment
Whether criminal law was used against protestors:
Reported Details of the Violation:
One alleged kingpin in the illegal operations of coke plants in Meghalaya, called the petitioner Shailendra Kumar Sharma twice in the morning and thereafter physically visited at his residence and threatened him with dire consequences if he pursued the petition. In 2018, activists Agnes Kharshiing and Amita Sangma survived an attack by coal miners and four years later, in 2021, received threat calls as they were campaigning against illegal coal mining and transportation. In 2022, the villagers of Shallang, Nengchigen, village, West Khasi Hills were threatened by armed men and even beaten up by illegal mine operators.
Date of Violation
June 29, 2023
Location of Violation
Nature of Protest
Advocacy (for inclusion in courts)
Media-based activism/alternative media
Complaints/petitions/letters/memorandums to officials
Government Departments Involved in the Conflict:
Directorate General Of Mines Safety (Ministry of Labour and Employment) Department of Mining and Geology (Directorate of Mineral Resources), Garo Hills Autonomous District Council, South Garo hills district administration
PSUs Involved in the Conflict:
Northeastern Coalfields Limited (NCL), Coal India Ltd.
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Image Credit:
Image Credit:
© 2023 Nut Graph LLP
All Rights Reserved.
