Coal Mining and Occupational Health Safety Regulations in India

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.

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

I am what I am, so take me as I am

Navtej Singh Johar v. Union of India        

“I am what I am, so take me as I Am”

If Supreme Court’s Right To privacy Judgement was validation to individualism, it may not be exaggeration to say that its Judgement in Navtej is liberation to mankind. It is also peculiar here to note how change in perception of Judges of the apex court for ‘Constitutional Morality’ and ‘minuscule population of LGBTIQ Community’ not only signifies societal growth but also vindicates the living tree doctrine of Interpretation of Indian Constitution.

In four separate opinion [CJI. Deepak Misra with J. Khanwilkar; J. Rohinton Nariman; J. D Y Chandrachud; J. Indu Malhotra]  all 5 Judges read down Section 377 declaring section 377 Unconstitutional to an extent applicable to consenting adults while bestiality and non-consenting intercourse still remains in the purview of section 377.

It has in totality realise the rights of the LGBTIQ community and empowered them with the tool to express, fairness, self-determination and more importantly to love. The Court asserted that Individual autonomy and liberty, equality sans discrimination are not only related to existence with human dignity but also constitutes Cardinal Constitutional Principle.

The Court in this case differentiated in the concept of Social Morality and Constitutional Morality and underlined that the intention of constitution is to transform the society strategically and do not impose upon itself the majoritarian view, it further dwells into that social morality may vouch for sexual intercourse amongst man and woman but it is ‘Constitutional Morality’ in its essence which prevails, as put by Justice Chandrachud.

Peeping into the ambiguity of “order of nature “as to what actually it is,  it said that natural identity or orientation  of a person is essential to existence and his / her identity is given by nature itself therefore is natural and a person cannot be discriminated on his/her natural identity or orientation.  The court also acknowledged that fundamental rights are available to all sections of society and whether they are in majority or miniscule in society is immaterial  

While reading down the section on the ground it violates right to equality, free speech and privacy under Article 14, 19 and 21 held that the intelligible differentia between natural and unnatural could not be located and there was no reasonable nexus in classification of people with the intent of legislature.

J. Nariman however went on to say there is no presumption of constitutionality of pre constitutional era laws which might now even raise question over some of other archaic and colonial laws ( Sedition etc.)

It has been big, gutsy and determined struggle stretched over past 20 years by the LGBTIQ community of validation of their rights. In course of which there has been exploitation , hatred, discrimination of the community and even SC wasn’t able to serve them their due in 2013 but in rather corrective way now that the rights has been realised and 377 is partially struck down we need to sensitise people , community and moreover the police of this country about LGBTIQ .

The Judiciary has done what was long due and the ball is now in the court of common people like you and us who have to expand the horizon of our thoughts and be receptive of the rights which were denied to the LGBTIQ for decades as ‘Law grows from society, Society grows from law’