From: Rajesh R [mailto:rajeshr@taru.org]
Sent: 21 November 2002 15:01
Subject: Supreme Court bans all mining in entire Aravallis
Supreme Court bans all mining in entire Aravallis
Sonu Jain, Indian Express, Nov 21
New Delhi, November 20: To stop the plunder of the 250-km long Aravalli mountain range and check irreversible environmental damage, the Supreme Court has banned all mining activity in the entire Aravalli hills from Haryana to Rajasthan.
The landmark order, first issued by Chief Justice B N Kirpal on his last day in office and a final version issued on Monday, comes after another order by the Court, on May 6, banning the mining of sand and silica in a 5-km stretch from the Delhi border into Gurgaon.
‘‘We prohibit and ban all mining activity in the entire Aravalli hills. The ban is not limited to hills encircling Kote and Alampur villages but extends to the entire hill range of Aravalli from Haryana to Rajasthan,’’ said the order.
The Chief Secretaries of Haryana and Rajasthan have been directed to ensure that no mining activity in the Aravalli hills is carried out, especially in the part which has been regarded as forest area or protected under the Environment (Protection) Act.
The order is yet to reach the respective states but a major outcry is expected as most mines in the 250-kilometre stretch starting from Delhi would be affected.
‘‘I am yet to receive the order,’’ said Rakesh Verma, secretary (Mines), government of Rajasthan.
Initially there was a confusion on whether the ban would apply to the entire
range, but it has been clarified that barring in Dholpur, every single mine in the range would be closed.
‘‘The entire Aravalli range is a forest area, whether protected or not, hence for now all mining activity has to stop...A blanket ban is necessary to shake them up,’’ Harish Salve, amicus curiae in the case told The Indian Express.
The Supreme Court’s ‘‘blanket ban’’ comes in the face of strong opposition by several influential mineowners-including Haryana politicians-and the Chautala government itself who have been claiming that a ban on mining is neither good environment nor good economics.
However, the court’s message is clear. While the order banning mining along the Delhi-Gurgaon stretch was based on the argument that the water table was being drained, this time the Court has taken note of the threat to the very existence of the Aravallis.
All along the ranges, from New Delhi to Mount Abu, deep pits mark the mountain face as stones-used mainly in building construction-are mined on a daily basis.
The Central Empowered Committee, the panel of experts set up by the Supreme Court to offer expert advice and opinion on forest-related cases, has visited the area and reported on the Aravallis’ invaluable role in the region’s ecology.
According to the report prepared by its Member Secretary M L Jiwarajka, the Aravallis form a mini water-shed. This sets off several seasonal streams which help recharge the ground water in the area. Unchecked mining over the last few years has led to a sharp fall in the water levels of the three states of Delhi, Haryana and Rajasthan.
‘‘The shocking aspect of the mining is that it is destroying the forest which has been re-created by plantations done under the Aravalli greening programme. As a result of the good work done by the Haryana forest department of greening these hills is being undone by the mining activity,’’ states the report.
According to the report, illegal mining activity is being carried out in an dangerous manner with complete disregard to the accepted safety norms. ‘‘Repeated complaints made against the illegal mining which is hazardous to people living close to the hills has evoked no response from the police, forest and revenue officials,’’ states the report.
Central to the SC order is the argument that the Aravallis fall under the category of ‘‘forest land.’’ This category itself was defined by the Supreme Court on Dec 12, 1996 as land that is notified as forest under the Indian Forest Act, land that has characteristics of a forest irrespective of ownership. And even land where there was once a forest. As per the order, any diversion for ‘‘non-forest purposes’’ (like mining) would require prior approval from the Central government.
According to the members of the Central Empowered Committee, their survey showed that most mineowners obtain approval for a certain stretch and then mine indiscriminately. The remote terrain and the lack of records makes monitoring difficult for government agencies.
From: Rajesh R [mailto:rajeshr@taru.org]
Sent: 05 December 2002 14:42
Subject: Aravalli miners flout apex court ban
Aravalli miners flout apex court ban
SUDHANSHU MISHRA, The Telegraph, Dec 5
Jaipur, Dec. 4: Mining continues on the Aravalli range in Rajasthan and Haryana despite a Supreme Court ban as the state governments are not in a position to bear the loss of revenue from the sector, official sources said. However, the departments concerned in the states have directed their district offices to ensure that quarrying in forest areas are stopped immediately.
On October 30, the Supreme Court had directed the chief secretaries of the states to “ensure that no mining activity in the Aravalli Hills is carried out, especially in that part which has been regarded as forest area or protected under the Environment (Protection) Act”. Rajasthan has moved a petition in the Supreme Court, requesting it to review its order. The petition is listed for hearing tomorrow, said state mining secretary Rakesh Verma.
Rajasthan, it is learnt, has acted at the instance of the captains of the mining industry, who convinced the government to take the lead in the matter by filing the review petition.
On the other hand, chairman of the Institute of Environment Education & Sustainable Development in Jaipur M.L. Jhanwar has written to Justice Y.K. Sabharwal, who was part of the bench that ordered the ban, welcoming the court’s move and rubbishing the government’s claim that it stands to lose revenue worth Rs 300 crore. He has said that according to an estimate, if illegal mining is stopped, revenue should go up to Rs 1,500 crore. The institute, which has studied the impact of mining in four forested belts of the Aravallis, has shown that illegal mining and illegal practices in legal mining (allotted by the state government) were rampant in connivance with five government departments - mining, forest, revenue, commercial taxation and police. Every day Rs 50,000-1,00,000 were paid as bribe to officials of these departments.
The money collected by officials on the ground level reached every strata. Hardly one truck among 10 transporting illegally mined products is caught to complete a formality.
Illegal mining practices that flout all environment and labour laws are rampant in the Aravallis, leading to environmental degradation. Jhanwar has urged the Supreme Court to keep his studies, sponsored by funding and research bodies of either the Central or state government, in mind while disposing of the Rajasthan government’s review petition.
He has pointed out that the Aravallis is the lifeline of Rajasthan, Haryana and Gujarat as it controls the climate and drainage system. Any activity that depletes the forest cover and disturbs the water table would lead to drought and famine, particularly affecting the tribals.
Dense forest has depleted by 90 per cent over the past 20 years since largescale mining began. When the mines reach below the underground water level, a cone of depression is formed that sucks water from the surrounding areas, drying up wells and affecting agriculture.
Unscientific and illegal mining in the Rajnagar belt has pushed the water table down so deep that the famous Rajsamand Lake in Udaipur has dried up for the first time in 300 years, affecting farmers downstream, Jhanwar pointed out.
The studies, all supervised by Jhanwar, have shown that the labourers are not provided any health care. Lung diseases like tuberculosis and silicosis are common, reducing the labourers to invalids or killing them by the time they are 40. Child labour constitutes 10 to 15 per cent of the workforce and women workers 30 to 40 per cent, and their condition is the worst.
Jhanwar said the larger part - 700 km - of the 900-km Aravalli range that traverses Gujarat, Haryana and Rajasthan falls in the desert state. There are 10,000 to 15,000 mine owners employing over 70,000 workers. While the labourers work under inhuman conditions as bonded labour, the beneficiaries are the mine owners, the political leaders and the bureaucrats, he said.
From: SPWD Udaipur [mailto:spwdudpr@datainfosys.net]
Sent: 11 December 2002 15:41
To: DNRM
Subject: Re: Aravalli miners flout apex court ban
Today's Hindi papers Dainik Bhaskar and Rajasthan Patrika have mentioned that following the Supreme court order, over 6000 mines in 14 Districts of the State have been closed. The famous marble mines of Makrana have been closed, about 823 marble and other mines in this region have been closed . In the mining area of Udaipur , Banswara, Dungarpur, Rajsamand and Bhilwara 5,837 mines have been closed. This includes the famous phosphate mines of RSMM in Jhamar Kotra . This has also affected the drinking water being supplied to Udaipur from these mines. A total of 1,50,000 labourers have been affected by this closure.
The relation of indiscriminate mining to the depletion of the water table was starkly visible in Rajsamand, Dausa etc , where the mines have disrupted the natural percolation and flows in the veins of the rocks . In the context of the limited amount of relief work being undertaken by the state as a result of the drought, this will further worsen the employment situation. Workers are faced with Hobson's choice , inhuman working conditions on one hand and starvation on the other.
Is there any plan to rehabilitate these areas now and restore the Aravalis to its pristine condition ?
Viren
From: SPWD Udaipur [mailto:spwdudpr@datainfosys.net]
Sent: 12 December 2002 11:03
To: DNRM
Subject: Re: Aravalli miners flout apex court ban
Further to the news sent yesterday on the the ban on mining in the Aravalis
1. 5 Cement Factories Ambujas, Shri, Laxmi, Binani and JK fear that they will run out of raw material in 2-3 days. The have captive mines which have closed down. Four prominent factories in Haryana, Hindustan Sanitary ware, hindustan Glass, the tile factories of Kajriya and Somani will also be affected.
2. Production of copper from Hindustan copper Limited which produces 3000 tons of copper ore per day and the production of Zinc has also been stopped
3. The raw material supply for production of Talcum powder, toothpaste and other cosmetics will be affected due to the closure of soap stone mines.
4. Cement suppliers have increased thier prices by Rs 5 per bag , while the price of marble has gone up by Rs 5/ sq foot. Cost of bricks has gone up by Rs 100/ 1000 bricks
5. Stone required for road building . The pebbles supplied from Banas has been stopped . Work on the Golden Quadrilateral road project has come to a halt .
6. Ceramic and China clay is alailable only from the Wolestonite mines in Rajasthan.
7. Around 50,000 trucks, trailers are off the road employing about 5,00,000 persons
8. Rajasthan State Electricty Board is losing revenue to the extent of Rs 20 lakh per day.
9 Stone cutting machines employing over 25,000 persons will soon run out of raw material.
Having closed down the mines, Rajasthan Goverment plans to appeal against the ban that in view of the drought and worsening employment situation, only the unautorised mines should be closed down . The State in its appeal mentions that it has always followed the directions of the Supreme court. It had closed down 2,346 mines in forest areas in 1996, 544 were allowed to continue after appeal. After the current order 9,891 mines have been closed down. Of these 8,925 had been given mining pattaas and mining licences , 610 have been given short term licences and 356 survey licences.
The appeal will try to convince the court of three major issues
1. Respect for the orders of the court
2. Impact of the new order
3. Commitment to afforestation
One wonders if crocodile tears are not being shed in the name of the poor ? The production of the major units is mechanised to a great extent (they will also be comparatively more environment friendly. The whole exercise could end up being one in which the competition from less environment friendly units is eliminated . The consumers of course will have to pay a higher price for the diminishing production base. Claims of the Rajasthan government notwithstanding, there are already laws and rules regarding afforestation of mine spoils etc which are respected more in their violation. The scouring of the Aravalis at different points is a testimony to this. Mining is taking place legally by extending the excavation beyond the authorised pattas given to the mine owner, how will this be checked ?
Viren
From: aravali [mailto:aravali@raj.nic.in]
Sent: 16 December 2002 11:30
To: DNRM; dnrm-pri@panchayats.org
Subject: Re: Aravalli miners flout apex court ban
I really would like to know from the advocates of such closure what they had in mind - I did know that mining was creating a tremendous amount of ecological disturbance but was also aware of their contribution to the economy - Any ideas on what we should be doing now for rehabilatating these mine workers and the truck drivers and the truck repairers and the truck part suppliers and the chai wallahas who sold chai to the mine workers and the truck drivers and the rest of them. The mine owners are not my concern - they have made their buck and will now invest it elsewhere.
The sad part is that we dont even have a union which can raise the mine workers issues
Suggestions are needed urgently and please come out with them.
Sachin Sachdeva
From: SPWD Udaipur [mailto:spwdudpr@datainfosys.net]
Sent: 17 December 2002 10:38
To: DNRM
Subject: Re: Aravalli miners flout apex court ban
Dear All,
The Supreme Court has allowed the authorised mines in Rajasthan to be reopened. Accordingly over 9,000 mines will be reopened . Mining in Haryan will continue to be banned until the Supreme Court has had a chance to examine the report of the Central Empowered Committee . A decision is expected after 6 months. Mines in forest areas will continue to be closed.
regards
Viren
From: Rajesh R [mailto:rajeshr@taru.org]
Sent: 14 December 2002 15:25
Subject: In support of Aravalli mining ban
A watershed in water conservation
By Our Special Correspondent , The Hindu, Dec 14
JAIPUR DEC. 13. Even as the Supreme Court's interim order to stop all the mining activity in and around the Aravalli hill system threatens to upset the economy of Rajasthan, the Waterman and Magsaysay award winner, Rajendra Singh today hailed the decision terming it as "historic''.
``There will be year-long activities like padyatras and awareness camps in the State to highlight the SC directive on the Aravallis and to ensure that the ban order on mining is executed both in letter and spirit,'' he said. "Poor people, farmers and cattle breeders will welcome it. Stoppage of mining activity means normal agriculture activity and retention of water level in the wells,'' Rajendra Singh said.
``There is an inherent connection between hills and water. Indiscriminate mining has been disturbing the catchment areas,'' Mr. Singh said talking to newspersons here today. Mr. Singh also announced a nation-wide water march, starting from January on the occasion.
Mr.Singh said that the "Jal Biradiri'' or the national confederation of water harvesters, headed by him would educate the Indian public during the coming year on the dangers of privatisation of water, linking of rivers and against unhealthy practices like mining in the forest land and the hills. "The Aravallis used to feed the whole of livestock from the Thar desert in the past. Now the hills are devoid of green cover due to soil erosion and mining,'' he pointed out.
In fact it was the Tarun Bharat Sangh, the water conservation NGO of Mr. Singh which had first invoked the Supreme Court in this regard to get a directive in May 1992 against mining on the Aravallis. Specifically then the ban had come on mining inside the Sariska Tiger Sanctuary area in Alwar district of Rajasthan. That time Mr.Singh had taken out an "Aravalli bachao'' padyatra from Himmatnagar in Gujarat seeking protection of the Aravallis.
``After a decade we look back with satisfaction at the present SC directive. We feel contented. The mining activities in Rajasthan have been threatening our common future,'' Mr.Singh said. In fact it was strange that Rajasthan had availed Japanese assistance to the tune of Rs.372 crores to protect the Aravalli hill system even while issuing mining leases in the hills, he pointed out.
Mr. Singh said he was conscious of the immediate fallout of closure of mines such as unemployment and halt to economic activities in certain areas. "In the long run it will benefit the poor. Once the displacement stops people would resume farming activities. The wells will be recharged,'' he said citing the instances of Tilwari village near Tehla and Tilwad near Palpur, localities near Sariska.
Mr.Singh and his colleagues in Jal Biradiri, R.N. Jhanwar and M.S. Rathore cited Bijolia in Bhilwara district and Rajsamand in south Rajasthan to drive home the adverse effects of mining. In Bijolia, which used to be the wheat bowl of the State, the locals were now buying grains from outside after the start of large scale mining.
In Rajsamand, after the commencement of marble mines over a decade back, the wells went dry and the Rajsamand lake, which never had any history of drying up in the past 300 years, was presently totally dry, they pointed out. "Once the mining activity starts the common property gets treated as mine owners personal property,'' Mr. Singh said even while pointing out that there could be areas earmarked for mining so that the hill system and forests were spared.
From: Anne [mailto:anne@datainfosys.net]
Sent: 24 December 2002 17:19
To: DNRM
Subject: In support of Aravalli mining ban , in whose interest ?
In reply to the news item on DNRM about Rajender Singh supporting the ban on mining in the Aravalis , I would like to mention the following points.
1. Rajasthan State implemented the mining in areas which extended even beyond the Aravalis and later filed a petition in Supreme court against the ban. The ban was lifted within a week . Was the Supreme totally unaware of the implications of its first order ?
2. With respect to mining, the extraction of water from the mines, to facilitate further extraction leads to depletion of the ground water table in the surrounding areas. A friend I know who was working in the mines had suggested that the water could be given to the village. The mine owner laughed at him saying, " if I give water to the village tomorrow, nobody will come to work !!! ".
3. Magsasay award winner Rajender Singh claims that "In the long run it will benefit the poor. Once the displacement stops people would resume farming activities. The wells will be recharged,'' he said citing the instances of Tilwari village near Tehla and Tilwad near Palpur, localities near Sariska.
Granted the agriculturalists around Kelva mines near Rajsamand are not getting water. However there are people from Jhadol and Kotra who are also seeking employment in the these mines. Have they found the need to seek employment from mining because their agriculture has been destroyed by mining or have they become wage labourers for other reasons ? People from Kotra were also going to Gujarat for wage labour, they have been returning back from there empty handed . Does this now mean they are in a position to develop their agriculture ?
The studies done by SASUMASU and MLPC ( Mine labour protection campaign ) working in Udaipur and Rajsamand show the pitiable condition of the labourers in the mines. Informal studies conducted by SPWD in Girva also reveal that the working life of a mine worker is not more than 10 to fifteen years due to the hard labour involved . Yet the young able bodied people are opting for mining. Do we have any options for them ? The number of labourers in the mines is reducing due to mechanisation and lack of demand.
In 1996 around 2,346 mines were closed down and about 544 were reopened. The numbers are deceptive as the major beneficiaries are the bigger mine owners who have more sophisticated machinery. The closure of the mines facilitated the mining industry which was in slump to reduce competition and get rid of the surplus stocks. The step taken by the Rajasthan government to close all the mines, even those beyond the Aravalis like Bijolia and Makrana, shows the impact of what will happen if all mining is banned. Waterman Rajender Singh himself is not against mining, he pointed out that there could be areas earmarked for mining so that the hill system and forests were spared.The end result will be that the more sophisticated mines will be allowed to continue, employing environment friendly machines ( as against the crude methods of blasting etc). The labour intensive mines will suffer the most. As long as their raw material supply is ensured, will the truck owners, road builders, construction contractors etc care for what happens to the mine labourers ?
Presuming we are successful in getting mining in the Aravalis banned. The ticklish question which remains is who will invest the huge sums needed to regenerate the Aravalis , the issue is not mere regeneration of the trees, but also the underground water pathways which rejuvenate the springs, streams, wells etc ? An additional question is the nature of community organisation required to develop and manage this.
regards
Viren
From: Depinder Singh Kapur [mailto:dskapur@rediffmail.com]
Sent: 25 December 2002 13:10
To: DNRM
Subject: Re: In support of Aravalli mining ban
My understanding of mining and its relation with ground water through what I see in the Aravalis around Delhi shows that deep open surface mines are full of water and have formed mini ponds. The flow into natural streams/rivers and earthern dams is restricted by these mines and only to that extent is the erstwhile groundwater recharge and agriculture affected by mining. Mere stoppage of mining will not alter this situation in areas already affected, which anyway were getting abandoned by the miners.
Only the hilly tracts held by mining lease will be now released for common access. But there is little grazing potential left.
I am not at all suggesting that mining is good. No. I am only saying that the ban on mining may not restore the flows into Rajsamand lake if the water flows are restricted due to smaller reservoirs created by mining. Secondly, if the farmers in a village are buying foodgrain while working on mining, it may be because mining pays more than farming. A return to farming may take place but it may not yield high foodgrain production on the assumption that stoppage of mining will result in water conservation and groundwater recharge. Neither is there a guarantee that water recharge will take place nor the price of agriculture inputs will come down which may be an equally important factor in decline of farming.
Some of the best examples of community protection of common lands in semi-arid western India have been those villages where assured non-farm employment was available. And mining was one such activity. This was witnessed in one village(chota Saradhana) in Beawar/Ajmer where SPWD had its pastureland development programme in the early 1990s. Even Sukhomajari's success(in terms of the successful social fencing of common lands) was based to a great extent on non-farm industrial employment for a large section of the people including the poorest sections.
This is again not to suggest that mining was a good thing in the absence of any other alternative employment opportunity. Considering the hazards of mining in terms of health hazard of miners, a large number of whom were children and women, accidents and compensation, a total absence of job security and/or fair remuneration and local ownership of mines - were the real issues that needed to be addressed. To rejuvenate the Aravalis with green cover will require a lot of investment and that is nowhere in sight.
It is unfortunate that the Supreme Court did not consider these issues but decided that mining must cease. Recent Supreme Court judgements display an over-enthusiastic "green" campaign on the one hand that appeals to idealism of all sections of society. While on the other hand it is passing down judgements that are clearly anti- workers' rights in numerous cases of workers' fight with the employers, which again appeals to middle and upper class idealism!
Will agriculture producion go up after the stoppage of mining ? Will water conservation improve? Let us see.
Depinder