The nth view on the NGT ban and Coal Mining in Meghalaya

This article has also been published on this link as an editorial piece: http://www.riluk.in/the-nth-view-on-coal-mining-and-the-ngt-ban-in-meghalaya.html

Coal mining activities at 3-kilo, Dima Hasao District of Assam (on the other side of Kupli river)

Ever since the National Green Tribunal (NGT) banned coal mining in Meghalaya in April 2014, we have seen many reactions and opinions expressed in the media and in various forums. It is best to refrain from using the words “scientific coal mining” here, because, we are yet to get a proper definition of what exactly is “scientific mining”, nor has the NGT defined it for us.

What exactly is scientific mining? Does its meaning involve using large machines and earth movers? We already know what the coal seams in Meghalaya are like from the views of geologists and other experts expressed in the papers, books and other forums - the thinness and unequal distribution of the coal seams do not support open cast mining, which in my opinion is far more destructive and detrimental to the environment with large scale repercussions not just to the environment but also to the livelihood of the local populace. If I might be permitted to use an allegory here, should we describe a cannibal who uses forks and knives as “civilized”? This article describes the nth view on the subject, since we have already lost track on the number of views and opinions already on record. Those who are in the know can simply substitute the number for the variable.

As I write this article, the state government’s mining plan, after much delay in its drafting, is still under review by two central government ministries. The NGT has recently deferred hearing on the case pending these reviews. So, in the meantime, I ask our readers to humour me with what I have to say on this issue.

So then, let us ask ourselves: who benefits and who suffers from this ban? First of all, Mother Nature is given a chance to recuperate and regenerate itself. Maybe we should consider a moratorium on all forms of mining until the Government of Meghalaya comes up with a sustainable mining policy and plan. (And again, the word ‘sustainable’ is quite an abused word nowadays). Will our Legislators and Councillors rise to the occasion? They have already earned the reputation of ‘legislators sans legislation’, perhaps too busy playing musical chairs and scheming to topple each other or expanding their businesses (most of our representatives are also businesspeople) that legislation is not among their top priorities. As long as they consider each other as competitors and not co-workers, they simply remain as mere 'nongmihkhmat' or ‘stand-in’ representatives and not respected Members of the Legislative Assembly and the District Councils. However, we still have not given up hope in our democratic system yet, because our present youth are more informed and involved. We await change for the better through them.

Environmentalist and nature lovers are of course gloating for the time being. This is for them a victory of sorts. But for how long will the euphoria last? Only time will tell. Extremists do exist on both sides of the fence. A pragmatic approach to all forms of mining is the need of the hour. Confrontation is not a solution - consultation is. For, in any confrontation, collateral damage happens. As the Khasi saying goes, "Nang ïatur ki masi, nang ïap ki phlang" (While the bulls engage in a fight, the grass beneath their feet suffer and die.) This has already been proven by the loss of innocent lives at the Mookhep police firing during the economic blockade enforced by the organisation called Movement for Indigenous Peoples’ Rights and Livelihood (MIPRL). Our sources tell us that neither the Chairman nor the Secretary of the MIPRL had taken part in the march that resulted in Police firing at Mookhep on the 24th September of 2014.

For those who have become lakhpatis and crorepatis from coal mining, they already have amassed enough profits from coal mining and can afford to bide their time and meanwhile engage in other ventures or get back to what they have been doing before engaging in the coal business. For the small time coal businessmen, coal mine workers, middlemen, labourers, shopkeepers and all those who derive their source of livelihood from coal mining and allied activities, they do feel the pinch and I wouldn't dare suggest anything here; only the wearer knows where the shoe pinches. Nevertheless, I am sure they will find (or might have already found) their own solutions to the current crisis they face, for Homo sapiens sapiens is the most adaptable species of all creatures.

In a news item carried by the Shillong Times on September 17, 2014, the Railways Minister, Shri. Sadananda Gowda  had stated that the Railways will lose nearly 50 crore rupees annually due to the ban on coal mining by the NGT in Meghalaya. The State Government is also losing crores of rupees on royalties and taxes from coal. Factories, Cement Plants, Paper Mills and industries in and around Meghalaya that depend on coal are also affected by the ban. These are real facts and we cannot deny them. But let us also consider this fact: if we are to quantify or monetize the services of Mother Nature which provides us free drinking water, breathable air, cultivable land, forests, flora and fauna, non-timber forest products, grazing land and many other things besides aesthetic beauty, will the balance sheet show a surplus or deficit? Your guess is as good as mine. A dead river is not 'damaged goods' which can be replaced by any company under a warranty. Let us accept the fact that we have simply taken nature for granted all the time, while nature, good mother that it is, continues to accommodate our whims and sometimes unreasonable desires like a mother yielding to the pressure tactics of a spoiled child that continues to rant and rave if not given what it asked for.

The NGT ban has also, not surprisingly, opened the back door for business. Reports of violations of the ban abound in local newspapers of Meghalaya. The number of trucks seized is but minor compared to the number that manage to find their way out of Meghalaya by hook or by crook (not to mention with the aid of crooks). There may be some compulsions in some cases of violations but nevertheless they are against the NGT order. The State Government will never be able to recover lost taxes from these trucks that have violated the ban. It is lost forever in the greasing of palms that happen in these types of clandestine trade. While the NGT has from time to time allowed transportation of already extracted coal, clandestine transportation still occurs repeatedly. Even mining of coal is carried on in some parts of the state in direct violation of the ban.

Let us now consider the genesis of the ban. The All Dimasa Students' Union had moved the National Green Tribunal on April 2, 2014 blaming coal mining in Meghalaya for polluting the water of the River Kupli and making it acidic. The NGT in its hearing on April 17, 2014 issued a directive banning all forms of coal mining in Meghalaya and also directed the Chief Secretary and Director General of Police to ensure that rat-hole mining and illegal mining are stopped throughout the state of Meghalaya and any illegal transport of coal should not take place until further orders are passed by the NGT. I’m simply curious at the use of the word ‘illegal’ since coal mining has always enjoyed the patronisation of the state Government and also, taxes and royalties on coal are in force in the state.

The ban is a welcome move, particularly because mining has been carried out haphazardly in the state since its commercial exploitation in the 1970s with no consideration of its impact on the environment. People living downstream of rivers affected by coal mining can testify to the death of their rivers which gave them alternative means of earning their livelihood. The villagers of Kwator, Natbor, Sankhat, Tongseng, Chymphlong and Kuliang among others along the Myntdu and Lukha rivers will testify to the death of these rivers. The river Kupli is also bereft of aquatic fauna - all decimated by acid mine drainage.

But let us not forget that the area where the whole NGT issue began lies on the north eastern border of Assam and Meghalaya. It is a known fact that coal mining occurs on both sides of the Kupli river. The eastern bank of the Kupli river lies on the Assam side while the western bank lies on Meghalaya’s shores. So, it seems dubious for the NGT to impose a ban only on one side of the river i.e. on the Meghalaya side as mining on both sides are responsible for the acidity of the Kupli river from coal mining activities. When the ban on coal mining was enforced in Meghalaya by the NGT, mining activities on the other side of the river continued without hindrance. What this does reflect is partiality on the side of the NGT and leads one to wonder whether there are any vested interests at work behind the NGT ban. The Dima Hasao Students Union also seems to be having double standards on this issue. How can they file a PIL only against Meghalaya when their own state is also engaging in the same activities on their side of the river? This seems to be just the tip of the iceberg. Only time will tell, whether, they are mere pawns or not in the whole picture.

It is a fact that the dam at Kupli river has been facing problems due to rising acidity in the river caused by coal mining activities happening upstream of the dam on both sides of the river. The longevity of the dam, which came into existence in 1976, has been threatened as the acidic water is a menace to the turbines. NEEPCO, the implementing agency, has already expressed this concern over the years, specifically stating that the acidity of the water is eating into the turbines of the hydro-electricity generating dam. There is no better witness to truth than ground reality. NEEPCO is therefore happy with the NGT ban.

A few weeks and later after the NGT ban, I did raise the issue of coal mining and the ban among the coal miners that I met. Many of them did acknowledge the need for a controlled form of mining which is environment-friendly. But there are still many who simply refuse to accept that coal mining is destroying the environment and among these are the leaders of different groups protesting against the ban. At a public meeting held at Khliehriat, East Jaintia Hills in 2014, one leader stated that coal mining in Jaintia Hills has not affected the environment. He claims that their hills are still green. Well, if we are to accept that only growth of grass on the hills bereft of trees is greenery, than the gentleman is probably right.

About a year and a half has passed since the NGT ban and we are yet to see a solution to this issue. The Government having at first opposed the ban delayed its preparation of the mining plan as asked by the NGT. Now the ball is in the Central Government’s court. As we wait for views of the Ministry of Coal and the Ministry of Environment let us consider some options.

The major source of AMD is in the large open stockpiling of extracted coal. During the British rule, coal mining was done at a very small scale and mostly done to meet the fuel needs of the British government. AMD from these mines were easily counteracted by the abundant rainfall in the region. The rainwater diluted the AMD causing little or no side-effects. But as time progressed, coal mining has increased many-fold and it was only since the 1980s that the side-effects of coal mining were felt and seen by the dwellers downstream of the water bodies coming from coal mining areas. In the light of these realities, it is imperative for the Government to enforce building of roofed coal depots by coal miners to prevent AMD. Putting fines for open stockpiling will definitely be a deterrent.

Open stockpiling of coal in Jaintia Hills

The need to reduce AMD is critical to the availability of safe drinking water. Scarcity of safe drinking water is another reality in the coal mining areas. The common people are forced to walk longer distances to fetch drinking water after their previous water sources have become acidic and impure to drink. The rich can afford to buy water everyday but not the common people, especially the poor. AMD has the ability to seep into the water table of the coal mining areas, especially in the open stockpiles of extracted coal and therefore it becomes a challenge to obtain safe drinking water. We can only reclaim our water sources by taking drastic measures but first we need to acknowledge the facts that have affected our water sources in the coal mining areas.

Some miners may complain about paying the Environment fund but if CSR has been made compulsory in the country, it is only fitting for the miners to pay a certain percentage of their profits as an Individual Social Responsibility (ISR).

It is to be seen how serious the state government is in implementing its promises of converting abandoned mines into forests. The idea is penitently humane and also nature friendly but its implementation will mean a lot of funds to spend. So, the percentage of profits paid as ISR will definitely aid the government to make its promises a reality. Funds from the CSR and ISR will also allow the government to engage in other schemes to manage our natural resources.

Water body at Lad-rymbai rendered useless and dead by coal mining activities.

Agriculture has also suffered in the coal mining areas as the fields are contaminated by AMD. We have seen stories of former coal miners and workers turning to other activities for earning their livelihood. Two stories, both from East Jaintia Hills District, have appeared prominently in the local media. One is the floriculture undertaken by a miner at Wapung and the other is the turmeric hub initiated by the Horticulture Department in cooperation with the villagers of Moolamylliang. These are positive efforts and reactions as opposed to organising bandhs and protests. Agriculture is one occupation that has never gone out of date because it satisfies one of the basic needs of human beings to survive - food. The state government would do well to pay more attention to Agriculture and its allied branch Horticulture and increase its budget allocation towards this department. Food production is ever important to the ever growing population of the world, no less in our state.

It took the State Government 18 long years after the Supreme Court ban on Timber felling in 1996 to come up with a working scheme for timber harvesting and planting. Let us hope a viable and effective mining plan does not have to go through as long a gestation period. The state does not lack in experienced and knowledgeable people and experts. Will our representatives and the state bureaucracy rise to the occasion? Engaging in endless rhetoric is detrimental in every sense as it is a time-wasting ploy.

The delay in resolving the issue only leads to suspicion and distrust in the minds of the common people. Let us stop the political games, put our egos and greed aside and work together for the greater common good. The onus lies not just on the government of the day, but also on the opposition and every citizen of the state. Can we work together to bequeath a better legacy to our descendants? Before I conclude this piece, let me share the story of the Horomocho that appeared in the August 31, 2002 issue of Down To Earth, an environment fortnightly (published by the Centre for Science and Environment, New Delhi), but which I came across in a text box insert on page 167 of the book ‘Rich Lands Poor People’ (also published by CSE in 2008).

Horomocho is a Santhal village in Hazaribagh district of Jharkhand with about 52 households. After seeing the effects of coal mining and deforestation happening around their village, a few enlightened villagers, concerned for the future of their village decided to act by taking control of the village forest and the coal pits situated inside their territory. They declared the forest and coal pits as community property. Every year, the villagers take out about 20 tractor-loads of coal for the village and distributed free of cost to the villagers to meet their fuel requirements for the year. This has reduced pressure on the forest for fuelwood which in turn has conserved their water sources and land. They are ready to face up to the challenges of government and private party interference on their sustainable practice.

There is much to learn from such wisdom. And just as we can learn from somebody’s success, we can also learn from their failures. India as a developing nation should learn more from the mistakes of the developed countries instead of trying to be like them. Let us build on the strengths of our indigenous systems and take pride in them. Just as we enjoy our freedom with surety, let us also undertake our duties with a sense of responsibility.

I conclude this piece in the words of Chief Seattle: “This we know: the earth does not belong to man, man belongs to the earth. All things are connected like the blood that unites us all. Man did not weave the web of life, he is merely a strand in it. Whatever he does to the web, he does to himself.”