Open Forum
New
Delhi, 15 December 2017
Natural Resources Rights
FUTURE OF SAND QUARRIES
By Dr S Saraswathi
(Former Director, ICSSR, New Delhi)
The Real estate industry, a major feature of
development, got a rude shock in Tamil Nadu when the Madurai Branch of the
Madras High Court ordered closure of all sand quarries in the State within six months.
Environmentalists are happy that indiscriminate sand mining going on over river
courses, which is a major cause of depletion of river water in the State, is
given the punishment it deserves.
Lamenting over rampant illegal sand mining
that makes even assessment of the problem difficult, the judge said, “ …in
larger interest, for the welfare of the people of the State, to protect the
environment, river beds, river bodies, and the field of agriculture on which
thousands of farmers are thriving, the court found it appropriate to stop all
quarry activities”.
The order is doubly significant as it came
soon after the announcement made by the Government to open 70 sand quarries in
eight districts across the State. It seems that we have given up the concept
that people have vital interests in conserving natural resources and have a
right to be consulted regarding their use.
Sand, unlike coal, gold or diamond is considered
a minor mineral under Indian law and is governed by State rather than Central
law. Licence is required for sand quarrying and royalty to be paid to the government.
But, unlicensed sand mining is rampant in
many parts of the country because of huge demand for sand in building
construction. Quick money with practically no investment encourages this
business in cooperation with truck and lorry owners. Active and passive support
of law enforcing authorities of State Governments is also needed.
Erosion of river beds affecting ground water
level, loss of aquifers, drying up of small rivers and streams, all affecting
agriculture are growing problems that have been crying for State help in
stopping over-exploitation of sand. The damage caused to ecology is
irreversible. For, extraction of sand is faster and much more in quantum than
what can be replenished during the same period.
The problem seems to have drawn attention
only with reports of large scale sand mafia in operation, revelation of
unaccounted wealth, and reports of tax evasion. Urgent and sustainable solutions
are immediately needed not just for reaching Sustainable Development Goals, but
for our own safeguard against natural disasters.
Besides detrimental effect on the ecology of
rivers, sand mining has earned a bad name due to its close association with
construction industry traditionally known for providing vast scope for
corruption at many points. Mining activities cannot go on in secrecy without
the knowledge of political and administrative authorities giving rise to a
network for legal as well as illegal operations.
Sand is the fourth minor mined mineral
resource in India after road metals, building stone, and brick earth, according
to the Bureau of Mines. Sand mining goes on in several States – Andhra Pradesh,
Chhattisgarh, Gujarat, Haryana, Jharkhand, Karnataka, Kerala, Madhya Pradesh,
Maharashtra, Odisha, Rajasthan, Tamil Nadu and Uttar Pradesh. Indeed, no river
bank, small or big, is free of sand mining. The only condition is availability
of sand in adequate quantity so as to cover the cost of mining and leave
sufficient margin as profit.
In reply to a question in the Lok Sabha in
2015-16, the Government of India had stated that there were over 19,000 cases
of illegal mining of mineral resources including sand. Punjab Government is in
the midst of a multi-crore sand scam. UP’s land mafia is said to have a firm
hold in Noida thriving in illegal sand mining operation. The business is aided
and supported by construction activities of development
process. A survey has reported that sand mining in the National Capital Region
has resulted in change in the Yamuna course 500 metres east posing a serious
threat of flood in Noida.
In February 2012, the Supreme Court ruled
that approval under 2006 Environment Impact Assessment (EIA) notification is
needed for all sand mining and gravel connection activities even if the area
mined is less than 5 hectares. In 2013, the apex court ordered mandatory
environmental clearance for mining in all minor minerals from the Ministry of
Environment and Forests.
Development needs and environmental protection
comes in conflict with each other all over the world. Sand mining is a cause
for many environmental problems in many countries. Some environmentalists are
warning that over three-quarters of the natural sand beaches in the world are
about to vanish.
In-stream mineral mining is prohibited in
England, Germany, France, the Netherlands, and Switzerland, and strictly
regulated in Italy, New Zealand, and Portugal. Malaysia presents some of the
worst problems of unregulated in-stream mining that should be taken into
account in India. Dealing with a case in Haryana, the Supreme
Court also observed that sand mining on either side of rivers in-stream or
upstream is one of the causes of environmental degradation and also a threat to
biodiversity.
In 2005, a movement in Sri Lanka against
river sand mining under the Sri Lanka Water Partnership, the Network for Women
Water Professionals and their partners received the support of the Global Water
Partnership and Water Integrity Network.
China has developed capacity for large-scale
dredging in South China Sea. It has assembled a large fleet of vessels that can
extract materials directly from the ocean floor to supply sand for construction
activities in the country. However, effects of human technological intrusion into
the bottom of seas cannot be prevented.
Japan is said to be the only country in Asia
that has managed successful transition from natural river sand
to manufactured sand (M-sand). All dredging activities were prohibited in Japan
in 1990 to conserve the valuable natural resource.
Construction industry in India cannot go on
forever depending heavily on available sand. It must find alternatives to river
sand and develop sand manufacturing industry from other resources. Heavy
use of sand was introduced only with cement in the construction industry. Builders
in Tamil Nadu now look forward to importing sand from Cambodia, Malaysia, and
the Philippines, which seems to be much cheaper than local river sand.
Exploitation of any natural resource must be
accompanied with mitigation activities to overcome loss and damage to the
natural resource and replenish the source. The riverine eco system should not
be allowed to fade and decay, but restoration activities to regenerate sand
must be explored and augmented.
Illegal sand miners are not worried over
ecology. Strong vested interests have taken roots in this field which are
likely to put down popular protest. It is for the community to stand up to
their rights over natural resources. Community Based Conservation (CBC) is
catching up in many countries including the developing nations.
Uttarakhand High Court recently declared the
Ganga and Yamuna rivers as persons and gave them legal standing to seek
remedies against harms done to them. Similar recognition was granted to two
Himalayan glaciers also by the same court. They have a precedent in New Zealand
where Whanganui River was accorded the right to counsel in a court of law. In
the same way, we can hope that the Supreme Court will concede the rights of
other natural resources including sand and end illegal sand mining.---INFA
(Copyright, India
News & Feature Alliance)
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