THE TRAGEDY
A
month ago in quest of livelihood to extract valuable coal, 15 miners were
unfortunately trapped in an illegal so called ‘Rat hole mine’ of 370-feet-deep
shaft in East Jaintia Hills district in Meghalaya. The rescue team has
failed awfully and the human life has been ridiculed yet again since no major
breakthrough has been achieved to save any of them. It is true as submitted by
the government before the court when bench led by Justice AK Sikri asked for
status report , that the mine was illegal, close to a river and hence the ‘blue
print’ isn’t available to conclusively predict the location of those trapped
miners.[1]
This
is not a first of ridiculous event of dreadful mining which has surfaced and
has been illegal or incomplete on the legal parameter of mining regulation. Coal
is on the contrary one of most regulated sector with Mines Act of 1952, MMRDA
Rules 1955, 1957 and Mines Rules 1961. Inspite of these heavy regulations there
have been cases of “Illegal Mining” .The Meghalaya tragedy (Although illegal
mining) has highlighted the major issue of policy failure in regulation of mine
development, blatant violation of law and disregard to the lives of these
miners. Let us therefore dwell into and understand the nuances of this sector
as to why this is such rewarding yet most complicated sector legally.
IMPORTANCE OF COAL:
It is safe to say that coal is king and paramount
lord of industry. For India it is the indigenous energy source and remains the
dominant fuel for power generation and to achieve the energy demand and energy
security as almost 60% of electricity demands are met by the power generation
through coal. Coal has contributed regularly and efficiently to the economy of
the country as currently it has fair share of 2.3 % in GDP of India. Therefore
it is no exaggeration to say that the coal is black diamond as many say.[2]
It is imperative to understand here the historical
regulation of coal and its evolution over the time. Post – independence the
sector was held in private hands till nationalisation of coal in early 1970s. A
major driving factor behind this was the poor working condition and unchecked
exploitation by the owners. In 1994 we saw controlled privatisation through
companies involved in ‘end use of coal’ and finally in 2016 the cabinet has approved
for privatisation in allocation of coal blocks ending the monopoly of government
companies.
LAWS RELATED TO OHS COAL MINING IN INDIA:
Coal Mine safety legislation in India is one of most
comprehensive statutory framework ensuring occupational health safety (OHS). The operations in Coalmines are regulated by the Mines
Act, 1952 Mine Rules – 1955, Coal Mine Regulation-1957 and several other
statutes framed there under. Directorate-General of Mines Safety (DGMS) under
the Union Ministry of Labour & Employment (MOL&E) is entrusted to
administer these statutes. The following are the statutes that are applicable
in Coal mines for occupational health and safety (OHS).[3]
The security of labourers working in the mines has
been of paramount importance as for the Mines Act of 1952 where it was enacted
to consolidate law relating to regulation of labour safety of labourers in
mine. Under this chief Inspector and inspector are allowed to make inspection
to ensure condition, state of mining is in coherence of the law. The Inspector
is empowered to examine, make inquiry regarding ventilation of mine,
sufficiency of bye laws and all matters connected with or relating to health,
safety and welfare of person employed in the mine under section 7. In
connection of health and safety the Chief inspector or inspector can at any
time call up for “occupational health survey” to provide information relating
to his work and health. The government also appoints qualified medical
practitioners as certifying surgeons to examine person engaged in mine in such dangerous
occupation.
In addition to this drinking water, conservancy,
medical appliances are to be provided. The act therefore deals extensively with
the health and safety and accidents.
WHERE IS THE DIVIDE?
It is important to note that even after such comprehensive legislation the repeated causality and illegal mining has not stopped. This is largely due to unbridged gap between policy and implementation.
WHERE IS THE DIVIDE?
It is important to note that even after such comprehensive legislation the repeated causality and illegal mining has not stopped. This is largely due to unbridged gap between policy and implementation.
Another reason in hindsight of such blatant
disregard of law where illegal mining is taking place and the due process of
obtaining mining lease, license for first reconnaissance
operation and later mining operation as prescribed
by law is bypassed in the corruption at local level.
The instances like Meghalaya tragedy could have more
accountability had they took place in a legal mine, several lives every year in
north east is lost in illegal mines which are either not allowed or are inherently
dangerous. While it is necessary to save those trapped it also for us to sensitize
workers about the rights and regulations.
The Coal Mines are effectively regulated in case of
Occupational Health Safety but if its policy remains only on paper it shall be
no less than a monumental failure. Therefore, when our dependence is majorly is
on coal the warriors of coal needs to be sensitized, their lives more valued
and illegal mining be free of menace of local corruption .
Anubhav Kumar
Image : The Hindu
[1] Prabhati
Nayak Mishra, Meghalaya Mine Tragedy: SC Asks Centre To File Status Report On
Rescue Operation, LIVE LAW https://www.livelaw.in/top-stories/meghalaya-mine-tragedy-sc-asks-centre-to-file-status-report-about-rescue-operation-on-monday-141864
[2]
Manohar lal Sharma v. The Principal Secretory and others, Aug 2014
[3] https://coal.nic.in/content/safety-coal-mines
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