Coal mining ban in Meghalaya: A multi-faceted affair of livelihood, ownership, environment & power

4 September 2017

While attempts to pressurise the government, both at the centre and the state to lift the ban on coal mining imposed by the National Green Tribunal (NGT) in Meghalaya have been going on for long, the issue now however seems to have been given a political colour even as solution to the problem hangs in balance.

It is a known fact that the state has been crippled by the NGT ban in as far as its revenue generation and livelihood sustenance is concerned and meetings have been held both at the centre and state level to find a viable solution to this problem.

As the 2018 Assembly Election approaches, many political parties in the state are alleged to have taken advantage of the ban on coal mining to gain political mileage.

While BJP State vice president, John Anthony Lyngdoh recently assured to resolve this problem at the earliest if the BJP is voted to power in the state, two other independent MLAs from Jaintia Hills – Robinus Syngkon and Justine Dkhar read out their conditions before joining the saffron party which also involves demand for lifting the coal mining ban.

Meanwhile, there have been some people who have raised a question on the approach adopted by politicians to resolve this problem. Advocate and Movement for Indigenous People’s Rights and Livelihoods (MIPRL) legal adviser Erwin K Sutnga is of the view that the two MLAs from Jaintia Hills — Robinus Syngkon and Justine Dkhar while having very good intentions, however, do not really understand the provisions of Para 12 (A) (b) of the 6th Schedule.

Provision of the Sixth Schedule to the Indian Constitution — Para 12 (A) (b) states that “the President may, with respect to any Act of Parliament, by notification, direct that it shall not apply to an autonomous district or an autonomous region in the State of Meghalaya, or shall apply to such district or region or any part thereof subject to such exceptions or modifications as he may specify in the notification and any such direction may be given so as to have retrospective effect.”

Sutnga said that instead of putting pressure using this constitutional provision rather than putting ‘illogical’ conditions, “It seems that they are not aware that the BJP led government at the centre through its officers in the coal and environment ministry have totally rejected the resolution made by the legislative assembly of Meghalaya for modification and amendment or relook the mining rules under provisions of Para 12 (A) (b).”

While stating that coal mining ban has now been turned into a political issue to gain mileage, Sutnga said “A sitting MLA would always want to retain his position, and in wanting to win, may employ all tactics to emerge victorious. So I should say that a combination of ignorance, the inability to grasp the situation, to understand the laws and a political gimmick to woo voters has led to this situation.”

He maintained that the whole problem with the state of Meghalaya is the fact that elected representatives, who have been in power so far, do not really understand the way the legal mechanism works and this inability to understand often lands the people in trouble.

Alleging the BJP and Congress of working hand in gloves over coal in Meghalaya, the advocate said the proceedings of a meeting between the coal & environment ministry’s officials and past and present chief secretaries of Meghalaya on January 30, 2017 is a direct attack on the traditional and customary rights of the indigenous people of Meghalaya.

“What a coincidence –Mahatma Gandhi was shot on Jan 30 and on the same date (Jan 30, 2017), the central government has shot down our rights and now they have made the recommendation that mining and the coal will be the purview of the state government,” he added.

It was informed that the congress-led government in Meghalaya have submitted an application to the NGT on August 10, 2017 for allowing the state government to cover all the coal mine areas in the state through the Meghalaya Mineral Development Corporation Ltd (MMDC).

“This is practically an invasion of private rights. It is a negation, a total destruction of the rights of the tribals of Meghalaya as guaranteed by Article 244 (2) of the constitution as well as the 6th schedule,” Sutnga said.

Coming down heavily on the statement made by BJP State vice president, John Anthony Lyngdoh on coal mining, Sutnga said “I’m sad to say that he does not really understand the ground realities when he makes promises that if BJP comes to power, they will immediately solve this problem when their own government at the centre has already rejected Para 12 (A) (b).”

Meanwhile, reacting to the condition put before the BJP by two independent MLAs, National People’s Party leader James Sangma said “As elected representatives, I think it is our responsibility to explore possibilities whereby the ban can be lifted. We all have our own different ways of approaching problems; therefore, these two independent MLAs are hopeful of reaching a resolution through their effort. We need to appreciate rather than raising questions on why they are doing it. But it is easier said than done. I mean you can’t just say that the BJP is at the centre and they can do it. The problem is complicated.”

On the other hand, UDP leader Dr Jemino Mawthoh has termed this latest development as a ‘political stunt’ to woo voters as their term comes to a close. “With just a few more months left for the state to go to polls, all kinds of things are happening now. Things which are quite ridiculous also and I think these are political stunts, to basically woo the voters. What I can’t understand that all this while, why aren’t these types of development not raised. As a legislator you can always express your concern and take it to the higher authorities. You can be in any party but as far as the issues are concern, you have to flag it and not leave things only during the end of the term,” he said.

In as far as NGT ban is concerned, Mawthoh said “Meghalaya is a small state and we have these resources and it is our duty to preserve the environment and if we go for development we have to ask this question– At what cost? So I feel, the NGT is needed to keep a check on environmental degradation but the recent move of the centre to scrap NGT may spell doom for a mineral-rich state like Meghalaya.”

The table is likely to turn with the contemplated move of the Centre to scrap NGT following a direct confrontation between Sri Sri Ravi Shankar and the Tribunal where the Godman was fined heavily for damaging the Yamuna river banks for his conference.

Source-thernortheasttoday

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