Lobbying and Advocacy with Parliamentarians (2nd-3rd January 2019)

A team of delegation representing Mines, Minerals and People (mm&P), a National Level alliance submitted its memorandum to the parliamentarians to raise important issues relating to the tribals and the mining affected community. The delegation was led by Mr. Ravi Rebbapragada, Executive Director of Samata and Chairperson of mines, minerals and People, Mr. Ashok Shrimali, Secretary General from mines, mineral and People and Executive Committee members from the states of Rajasthan, Gujarat, Jharkhand, Andhra Pradesh and Goa. The Delegation met Mr. Mansukh Bahi Vasava (MP Lok Sabha, Gujarat), Mr. Prabhu Bhai Vasava (MP Lok Sabha, Gujarat), Mr. Jitendra Chowdhary (MP Rajya Sabha, Tripura), Mr. D. Raja (MP Rajya Sabha, Tamil Nadu), Sadhavi Savitri Bai Phule (MP Lok Sabha, Uttar Pradesh), Prime Minister Office. The issues that were raised include the non-implementation and utilization of DMF funds in all the states; lack of safety for miners across of the country- the recent hazard in the role hole mines in Meghalaya; illegal mining in Goa; false and fabricated cases against tribals across the country; Samata Judgment and its implications in various states; Illegal coal mining in Churulia, West Bengal; granting leases without the gram sabha consent as in the case of coal mining in Godda district by Adani group; displacement due to Delhi-Mumbai Industrial Corridor and Bullet train.

The Delegation also met Vice Chairperson of National Commission for Scheduled Tribes (NCST) to put across the issues faced by the tribal people across the country. In context of Goa the following concerns were put forward-

  1. The Goa Government has approved its Goa Regional Plan 2021 last year (2018) without identifying the tribal areas thereby ignoring the fact that the Goa has about 12% of the tribal population.
    2. The Goa Government has failed to constitute the Tribes Advisory Council as per the scheduled V of the Constitution of India. The Goa Government has constituted an interim Tribes Advisory Council without giving any representation to the tribal community members violating the Scheduled V of the Constitution of India.
    3. The TSP funds are diverted in large scale in Goa State and hence failed to meet its purpose to benefit the tribal population.
    4. The tribals of Goa are kept in total darkness about the provisions of CFR rights which are enshrined under Forest Rights Act, 2006. It appears that the Goa Government want to only implement the individual rights and have no interest to declare the CFR rights thereby defeating the very purpose of enacting the Forest Rights Act, 2006.
    5. False and fabricated cases against the tribals who are protesting for their rights and Constitutional Safeguards.
    6. Non-Utilization of DMF funds for the mining affected communities.
    The issues were taken positively by the Commission and it was assured that the issues will be considered in detail. The Vice –Chairperson of NCST assured that she will make a visit to Goa soon and act on the concerns.

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Lobbying with Parliamentarians – Monsoon Session 2018

In an effort to have a meaningful dialogue and to raise the issues, created and abandoned by mining industries, Samata along with its national alliance mines, minerals and People with a team of delegation from states across the country has met with the parliamentarians from various political parties to submit its memorandum in New Delhi from 8th to 10th August 2018. The delegation led by Ravi Rebbapragada, chairperson mm&P, Ashok Shrimali, Secretary General mm&P and Executive Committee members from the states of Odisha, Jharkhand, Madhya Pradesh, Goa, Andhra Pradesh, Gujarat and Karnataka met Members of Parliament (MP) from different states spanning across parties from Lok Sabha and Rajya Sabha. The delegation met with Mr. Mansukhbhai Vasava, Mr. Prabhubhai Vasava, Mr. Arjunlal Meena, Mr. Sanjay Singh, Mr. Syed Naseer Hussain, Mr. Naranbhai Rathwa, Mr. L. Hanumanthaiiah, Mr. Madhusudan Mistry, Mr. Rajamani Patel, Mr. Narendra K. Sawaikar and Mr.K Raju. The Delegation met with Mr. Haribhai Parthibhai Chaudhary (Minister of State, Coal and Mines) to discuss about the legal hurdles that may be faced if the Central Government amends the MMDR Act, 1957 and the Abolition of Mining Concessions and Declaration of mining Leases Act 1987.

mm&P is an Alliance of individuals, institutions and communities across the country who are concerned and affected by mining.

The issues raised by the delegation include the poor implementation of PESA Act, non- utilization of DMF funds, illegal mining across the country, forced land acquisition, poor safety of mine workers, environmental degradation due to mining and false charges against the Patthargadi Movement activists. The constitutional rights of the Adivasi community and those affected by mining are ignored in the process of meeting the ‘National development goals’.

The Delegation proposed the concept of co-operative mining across the mining areas as per the Samata Judgement,1997. This will ensure sustainable mining, reduce environmental degradation and generate employment to the local communities.
Illegal mining is rampant across the country. Approximately 1 lakh illegal mining cases are reported across the Country with Maharashtra, Madhya Pradesh and Andhra Pradesh topping the list (attached is the list of illegal mining across the country).

With regard to DMF total collection across the country has been reported as 18,467 crores, however 3552.39 crores has been spent in the mining affected areas (attached is the total collection and expenditure of DMF across states).

20 social activists have been arrested on the charges of sedition for supporting tribal population in engraving the provision of the 5th Schedule and the Constitution of India on the stones known as the Patthargadi Movement. This issue needs attention of the Parliament.

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Dialogue on Governance of Scheduled Area

Dialogue on Governance In Scheduled Areas: Constitution and Path Ahead- Samata, along with the Mines, Minerals and People (mm&P) had organized a two-day deliberative sessions on governance and plight of the Adivasis inhabiting the scheduled areas of India. The rationale for the dialogue stems from the recent legislations and judgments which have had an adverse effect on the Adivasis, their livelihood, culture, health and environment. The Conference brought together legislators, activists, legal luminaries, academicians, researchers, journalists and the voices from the ground that can lead to a more meaningful and collaborative process between various stakeholders culminating in a more inclusive development policy recommendations. The conference had been an attempt to addresses mainly three questions:

First, how has the courts ensured access to justice by reformulating traditional principles of “Rights”? Second, how have the legislators and executives at the centre and the state level responded to the newer interpretations of the court? And finally, how after 25 years of reforms the fate of the Adivasis has not shown any discernible change in any parameters of development index? What are we missing? Is it not the time to think differently! It is truism to iterate here that data regarding tribals, their dispossession, displacement, health hazards, educational outcomes, even official ones, are at best sketchy and unreliable.

Lobbying with Parliamentarians – Winter Session 2017

Samata along with its national alliance mines, minerals and People with a delegation from 8 states across the country has met with the parliamentarians from various political parties to submit its memorandum in New Delhi from 19th December to 22nd December’ 2017. The delegation led by Mr Ashok Shrimali, Secretary General from mines, mineral and People and included several eminent tribal activists.

The main objectives behind the dialogue

  1. To reflect the state – specific issues and challenges faced by the local community people living in the mining areas at the National platform.
  2. To take cognizance of the severity of the problems faced by children and initiate suitable measures to minimize the same by bringing them to the notice and knowledge of Honorable state and central ministers.
  3. To address aforementioned issues and inclusion of children in the mining laws.
  4. To initiate dialogue among all the tribal MPs across the parties to take cognizance on the tribal issues and work collectively for the betterment of the tribal people.

Dialogue and Response:

The delegation met with senior political leaders and Members of Parliament across the parties.

19th December’ 2017: The delegation met with Senior politician Mr Harish Rawat, ex-Chief Minister of Uttarakhand (INC), and Dr Heena Gavit, Member of Parliament (BJP) from Nandurbar, Maharashtra and discussed with them on the aforementioned issues and submitted the memorandum to raise in the parliament.

Mr Harish Rawat: He suggested the tribal groups to continue fighting and said that he will raise all the issues mentioned in the memorandum and will talk to other MPs in the Parliament on the issues raised by the delegation.

Dr Heena Gavit: With regard to the situation of tribal people, non-governance and poor implementation of PESA, 1996, she said that awareness on PESA is lacking at many places and PESA should be implemented and the guidelines should be framed at all the scheduled areas. Every Gram Panchayat member should be trained about the provisions of PESA and the powers of the Gram Sabha.

She also said that pattas should be given to those people whose land is being used for mining purposes and that people should be either made shareholders of 50% of the profit earned in the form of mining royalty or they should be given money per sq.ft as per market value.

She also suggested that the tribal MPs should raise the issues of their respective areas in the Parliament as they are the local representatives at the national platform.

20th December’ 2017: The delegation met with Prof. Rajeev Gowda, Member of Parliament, Rajya Sabha (INC) from Karnataka, Mr Arjunlal Meena, Member of Parliament (BJP) from Udaipur, Rajasthan, Mr K.K.Ragesh, Member of Parliament, Rajya Sabha [CPI(M)] from Kerala and discussed with them on the aforementioned issues and submitted the memorandum to raise in the parliament.

Prof. Rajeev Gowda: He said for the issues like compensation for the land, rehabilitation & resettlement for the displaced communities, a lot of action should be taken at the district level and that he would write to respective District Magistrates, Collectors and concerned Ministers of the respective states.

As an alternative, he suggested that the villagers should mine themselves as the land belongs to them and they should give a certain percentage of the royalty to the Government. He also mentioned that the opinion of the tribal communities should be considered with regard to mining and their rejection should be recognized.

Mr Arjunlal Meena: With regard to industrial corridors, he said that for the sake of growth & development of a particular place, the tribals, their living and their income generation should not suffer. There should be some balance like if the development projects are not beneficial to them; they should also not cause any problems for them.

In regard to the treatment of Silicosis in the state of Rajasthan, Mr Meena agreed that treatment centres should also be opened in the places like Udaipur, Boondi (Rajasthan) so that treatment is available to all the people and they don’t require to travel to far off places like Jodhpur. Mr Meena also assured that he would raise all the issues in the Parliament.

Mr K.K. Ragesh: Listening to all the aforementioned issues, he asked to send all the particular issues of the respective areas and he would raise them in the Parliament. He suggested that people should keep fighting and voice should be raised, otherwise, there won’t be any use.

21st December’ 2017: The delegation met with Mr Mansukhbhai Vasava, Senior Member of Parliament(BJP) from Bharuch, Gujarat, Mr Ramappa from INC & and  Schedule Tribes Front, Ms Anusuiya Uikey, ex- Member of Parliament, Rajya Sabha and Deputy Commissioner, National Commission of Schedule Tribes, Mr Jitendra Choudhury, Member of Parliament, CPI(M) from Tripura East, Senior Politicians Ms Brinda Karat, Member of Parliament [CPI(M)] Rajya Sabha from West Bengal and Mr Mallikarjun Kharge, Member of Parliament (INC) from Karnataka,  and Honourable Minister of State for Steel and Mines, Govt. of India & Member of Parliament Mr Vishnu Deo Sai from Raigarh, Chhattisgarh and discussed with them on the aforementioned issues and submitted the memorandum to raise in the parliament.

Mr Mansukhbhai Vasava: The delegation met Mr Mansukh Bhai Vasava and had a dialogue on PESA, children in mining areas, Delhi – Mumbai Industrial Corridor, the relevance of Samata Judgment and communities command over natural resources. Mr Vasava reassured the delegation to raise the issues in the ongoing session in the parliament. Mr Vasava extended his solidarity and advised the team to keep fighting.

With regard to the tribal population percentage being same for all these years, he said that the Charans, Rabbari & Bharwat of Gujarat, Dhangars of Maharashtra and Lambadas of Telangana & Odisha were given tribal status & certificates by the govt. in spite of them not being tribals and the tribal population were deprived of their rights.

Mr Ramappa: Listening to all the issues from the respective states like PESA not being implemented in all the scheduled areas, children in mining areas, Delhi – Mumbai Industrial Corridor, relevance of Samata Judgment and communities command over natural resources, Mr Ramappa suggested the team to keep fighting, so that the opposition can raise the issues in the Parliament.

Ms Anusuiya Uikey: With regard to the issue of resettlement of some tribal villages in the region of Kanker and Bastar, Chhattisgarh, the deputy commissioner had asked for further details like population, village names etc.

On the issue of Tribal Cooperatives especially in mining or even share for the affected community, she asked to provide detailed recommendations on how to proceed and also assured loans as seed capital for these cooperatives.

On the issue of National Mineral Policy consultation process being exclusive and not inclusive, she sought further information on our submissions. Her general suggestion was to give specific representations with recommendations which she can further take up.

Mr Jitendra Chaudhary Ms Brinda Karat: Both agreed that all the tribal MPs across the party should come together and initiate a dialogue regarding the tribal issues all over the country. They suggested that the dialogue should be arranged sometime when the Parliament sessions are going on. Ms Karat also suggested the women’s groups to keep fighting for the betterment of the country.

Mr Malikarjun Khadge: The delegation expressed its concerns over the aforesaid issues and demanded their intervention in the parliament. Listening to the concerns, Mr Khadge advised the local groups to continue fighting. He reassured to take up and raise all the issues in the Parliament.

Mr Vishnu Deo Sai: With regard to the DMF funds being used for the betterment of the mining- affected communities especially children’s education, women’s empowerment, Mr Sai said that in the state of Chhattisgarh, DMF funds are being properly utilized for the welfare of the mining-affected communities especially in Jaspur where the state govt. has taken various initiatives for children’s education, health training is provided to the nurses and vocational training programs.

He also said that mining affected communities can be made shareholders in the profit earned by the mining companies and for this new law has to be framed. Explaining further he said that land has to be taken for mining as it is the national property but in lieu of land, land cannot be returned as enough land is not enough.

22nd December’ 2017: The delegation met Tribal Affairs Minister, Mr Jual Oram (BJP) and Mr Oscar Fernandes, Senior Member of Parliament (INC) from Karnataka and requested the ministers and parliamentarians to take up the issues, raise them in the parliament and demand for appropriate actions.

Mr Jual Oram: Hearing the delegation, he asked to send the state-specific issues and he would look into the matter. Regarding DMIC, he said that he will take action in the context of 50% of the schedules areas in the states of Gujarat, Rajasthan and Maharashtra being covered.

He also said that he would take some action with regard to the notification that has been issued by the governor of Maharashtra with regard to not seeking the permission of Gram Sabhas for setting up any new development projects.

Mr Oscar Fernandes: Hearing to the delegation, he said that he would talk and refer the issues to the Standing Committee of the Parliament and the Labour Minister.

In the District Level Consultations held at Asansol, West Bengal and Dumka, Jharkhand there were discussions on Rampal Thermal Power Plant, Illegal Coal Mining in Asansol, PESA, Samata Judgement, Cooperative Mining, Schedule V & VI areas, Implementation and importance of District Mineral Foundation, Status of Tribals, Future Generation Fund, Financial Crisis in Jharkhand , situation of children in the mining areas and consequences on their education, health due to air and water pollution, malnutrition issues etc. It was also said that the mining leases to the companies should be given rationally following all the rules and regulations. There were also discussions on how to address the violation of child rights, migration and trafficking issues among children.

Lobbying with Parliamentarians – Monsoon Session 2017

Samata and National Level Alliance- mines, minerals and People has been working to ensure rights of the tribals and other marginalised communities in mining affected areas from past three decades. The issues are manifold- illegal mining, health hazards, effects of mining on women and children, DMF, marginalization and abuse, displacement, joblessness, environmental degradation and abject poverty. The Alliance has also been taking help of the state machinery in order to ensure the rights to the marginalized communities. In this regard, from 25th-28th of July, 2017, a Delegation of mm&P representing 16 states met with Members of Parliament and Ministers of various states and political parties. The Delegation had a dialogue with the MPs and Ministers on various issues relating to mining and discussed way forward in order to mitigate these issues.

The delegation was led by Mr. Ravi Rebbapragada, Executive Director of Samata & Chairperson of mines, mineral and People, Mr.Ashok Shrimali , Secretary General, mines, mineral and People and members from 16 states- Mr. Rahul Basu from Goa Foundation & Goenchi Mati Movement, Mr. RavindraVellip , a young firebrand social worker &activist from Goa, Mr. Swaraj Das from Project Affected People’s Association (PAPA), West Bengal, Mr. S. Azad from Prasar, New Delhi, Bansilal Bhinjana , Rajasthan State Mine Labor Union, Rajasthan, Mr. Rajesh Tripathi, Jan Chetana Manch, Chhatisgarh, Mr. TSS Mani, a freelance journalist and PUCL member and Mr. Thamizhinian from Tamil Nadu, Mr. Ashok Choudhury, an eminent Gandhian leader from Adivasi Ekta Parishad Gujarat, Ms. Sadhana Meena from Adivasi Ekta Parishad Rajasthan, eminent tribal leaders like Deme Oram from Odisha, Mr. Mukesh Birua from Akhil Bharatiya Adivasi Mahasabha, Jharkhand, Mr. K.V Pratap from Telangana, Mr. Shiva Kumar Malagi , a firebrand anti-mining activist from Jan Sangram Parishat, Karnataka, Mr.Anil Singh Bhaduria from Uttar Pradesh, Mr. Raju Pandara from Adivasis Ekta Parishad,Maharastra, Mr. Manphool Singh from Haryana, Mr. Santram from Himachal Pradesh. This engagement was aimed,

  • To reflect the state specific issues and challenges faced by the local community people living in the mining areas at the National platform.
  • To take cognizance of the severity of the problems faced by children and initiate suitable measures to minimize the same by bringing them to the notice and knowledge of Honourable state and central ministers.
  • To address aforementioned issues and inclusion of children in the mining laws.
  • The issues put forth in front of the MPs and Ministers include,
  • Children in Mining areas – consequences on education, health- malnutrition problem and Inclusion of children and women in mining Law.
  • Illegal mining -put an end to the illegal mining with immediate effect.
  • Air pollution:-Reduce the pollution, immediately develop dedicated corridor to transport the ore thus minimizing the impact on community
  • District Mineral Fund – Proper utilization of the funds without diverting them for the benefit of mining companies/mafias and utilizing the DMF funds for improving and developing the socio-economic condition of the communities directly affected by mining.
  • Governance issues in the Vth Schedule areas, the deprivation of tribal rights :- Give preference to tribal cooperatives on leasing for mining activities for better utilization of resources and benefit sharing.
  • Future Generation Fund – Extent the Supreme Court judgment on intergeneration equity/permanent fund (in the case of Goa foundation vs State of Goa) across the country.

The state wise issues are attached as annexure 1.

The Monsoon Session of the Parliament was in action and hence the Delegation urged the MP’s to raise questions on the various issues about mining as mentioned above so that the issue of mining and its social consequences is discussed in the parliament and the concerned Minister may put forth the government’s action.

The delegation met the following MPs and Ministers,

25th July’ 2017: The delegation met the senior political leader Mr. Sharad Yadav from Janta Dal (U) currently representing the state of Bihar in the Rajya Sabha, the upper house of the Indian Parliament, and discussed with him on the aforementioned issues and submitted the memorandum to raise in the parliament.

With regard to the plight of tribal and non- governance and blatant violation of PESA, 1996, FRA 2006 in the Vth schedule areas, Mr. Yadav assured the delegation that he will take on the issues in the parliament. Further, Mr. Yadav advised the team to focus on consolidation of tribals across the country, which, in deed, is the need of the hour and to bring about the change in the fifth schedule areas.

In reference to the proper utilization of funds of DMF, he assured to raise the same in the Parliament about its deviant utilization.

26th July’ 2017:The delegation met Mr. Mansukhbhai Vasava, (BJP) Senior Member of Parliament from Gujarat, Mr. D. Raja (CPI), Senior Member of Parliament from Tamil Nadu, Mr. Kantilal Bhuria (INC), Member of Parliament from Madhya Pradesh, Mr. Tiruchi Shiva, (DMK) Member of Parliament from Tamil Nadu and Mr. Shripad Yasso Naik (BJP), Union Minister of State (Independent Charge) Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homoeopathy (AYUSH) from Goa.

Mr. Mansukhbhai Vasava: The delegation met Mr. Mansukh Bhai Vasava, a member of Parliament representing the state of Gujarat and had a dialogue on PESA, children in mining areas, Illegal mining, relevance of Samata Judgment and communities command over natural resources. Mr. Vasava reassured the delegation to raise the issues in the ongoing session in the parliament. Mr. Vasava extended his solidarity and advised the team to keep on fighting.

Mr. D. Raja: He suggested the local groups to continue fighting. He said he will raise all the issues mentioned in the memorandum and will talk to other MPs in the Parliament on the issues raised by the delegation.

Mr. Shripad Yasso Naik: The delegation waited to meet him, but since the Member of Parliament was not available, the memorandum was submitted to his Personal Assistant.

Mr. Kantilal Bhuria: With regard to the situation of tribal people and non- governance and poor implementation of PESA, 1996, FRA 2006, and other legislations and violation of the same in tribal areas especially in the fifth schedule area, Mr. Bhuria said that he would take the issue of Adivasi Rights forward and that he would demand the government to implement Samata Judgment in all the Scheduled areas across the country.

Mr. Tiruchi Siva: The delegation met a senior member of parliament, had a dialogue and expressed concerns over the issues on Illegal mining, plight of children in mining areas, non-implementation of funds accrued under District mineral Funds and non-implementation and poor-governance in the Vth scheduled areas. Mr. Siva said that he would raise them in the Parliament. He also arranged for a meeting with the Minister of Coal, Mines, and Energy, Mr. Piyush Goyal.

27th July’ 2017: The delegation met Tribal Affairs Minister, Jual Oram, Piyush Goyal, Minister of State, Power, Coal, New and Renewable Energy and Mines, Rajeev Gowda (INC), Member of Parliament from Karnataka, K. Kavita (TRS) Member of Parliament from Telangana, Mr. Godam Nagesh (TRS) Member of Parliament from Telangana, Mr. Jairam Ramesh(INC), Member of Parliament from Andhra Pradesh.

Mr. Piyush Goyal: With regard to Illegal Mining Mr. Goyal initially denied the existence of Illegal Mining in the country.

In case of proper utilization of the DMF funds, Mr. Goyal reassured to develop a mobile app immediately, so that the fund is not misused and people are aware about how much money is being allotted and how/where it is being spent through this app.

On the issues of air pollution and iron ore transportation in the villages of Chhattisgarh in order to reduce the pollution , the minister said that government would take initiatives to immediately develop a dedicated corridor to transport the ore thus minimizing the impact on community especially children.

In reference to giving preference to tribal cooperatives on leasing for mining activities for better utilization of resources and benefit sharing, Mr. Goyal categorically rejected the idea of giving preference to the tribal cooperative on leasing land for mining. The following is the news coverage of the delegation meeting Mr. Piyush Goyal.

Mr. Jual Oram & Mr.Godam Nagesh: The delegation met the minister of Tribal Affairs, Mr. Jual Oram and Mr. Godam Nagesh, a member of parliament from Telengana state to submit the memorandum. The team expressed its concern over the hardship that are faced by women and children in mining areas, criminal attempt by the states to divert the funds accrued under DMF, the poor-implementation and blatant violation of PESA, 1996 in the fifth scheduled areas across the country and demanded, while submitting the memorandum, a strict action against the violation and fair implementation of the Act from the government.

After listening to the concerns raised by the delegation, Mr. Oram considered to look into the matters and take appropriate action against violations of PESA, 1996 in fifth scheduled areas.

Mr. Rajeev Gowda: The team expressed its concern over the aforementioned issues and requested to Mr. Rajeev Gowda to raise them in the parliament. Listening to the concern, Mr. Gowda positively accepted the request to attend workshop on DMF in Karnataka.

Mr. Jairam Ramesh: With regard to Future Generation Fund, Mr. Ramesh said he would demand it in the Parliament to extend the landmark Supreme Court judgment on Intergeneration Equity/Permanent Fund (in the case of Goa foundation vs. State of Goa) across the country.

In reference to the proper utilization of funds under DMF, he assured the team that he would definitely raise the deviant utilization of funds criminally diverted by the states.

Ms. K. Kavita: Listening to the concerns raised by the delegation, Ms. K. Kavita agreed the lack of representation from victim /the actual sufferers in the DMF and promised to put forward the petition in the Parliament.

28th July’ 2017: The delegation met Jitendra Choudhury (CPI), Member of Parliament, Tripura East, Mr. Kamal Nath (Congress), Chhindwara, Madhya Pradesh, Faggan Singh Kulaste, (BJP), Minister of State – Health and Family Welfare, and requested the ministers and parliamentarians to take up the issues, raise them in the parliament and demand for appropriate actions.

Mr. Kamal Nath: The team expressed its concerns over the aforesaid issues and demanded their intervention in the parliament. Listening to the concerns, Mr. Kamal Nath advised the local groups to continue fighting. He reassured to take up and raise all the issues in the Parliament.

Mr. Faggan Singh: Mr. Singh agreed on organizing a dialogue with tribal MPs from across India in New Delhi. Dates are not fixed though.

Mr. Jitendra Chaudhary: With regards to non-governance in fifth scheduled areas, Mr. Chaudhary advised the team to file a writ petition and invited the delegation to attend an upcoming meeting of the Parliamentary Committee of Petitions to be held in Goa.

Following this, on 3/8/2017, two questions were raised on the number of illegal mines in India and what steps has the government taken to stop them. The questions were raised by Shri Parmeshwaran of AIADMK and Shri. Mansukhbhai Vasava of BJP from Gujarat to be answered by the concerned Minister. The details of the questions raised and the reply is attached as annexure 2.

The Minister of Mines, Shri Piyush Goyal gave written reply to the questions. According to his statistics there are over 96,000 illegal mines of both major and minor minerals operating in various states of India as of 2016-17. The Minister says the numbers have reduced from 2015-16 when the cases of illegal mining were 1,10,476. Maharashtra has been stated as having the highest number of illegal mines followed by Madhya Pradesh and Andhra Pradesh. The Minister said that 20,569 FIR’s have been filed and 213650 illegal vehicles have been sealed between 2013-14 to 2016-17. Taking about the initiatives taken by the government to stop illegal mining, the Minister said, ” Ministry of Mines has taken the initiative to adopt the use of Space Technology through Mining Surveillance System to support State Governments in curbing illegal mining. Further, stringent penal provisions have been provided in the MMDR Amendment Act, 2015 for control of illegal mining”.

ANNEXURE -1

State specific issues related to Mining:

Rajasthan:

Silicosis is a major problem effecting both children and adults in many areas of Rajasthan. On an average one mine worker dies of silicosis every five days in Rajasthan. According to the data provided by the State Mines Department, more than 2052 cases of silicosis were recorded in the last three years. Of that 236 labourers have succumbed to the disease and 1816 are undergoing treatment at various government hospitals. Incidentally of the 236 labourers that died of silicosis, 89 hailed from Jodhpur and 73 from Karauli.

Karnataka:

  1. Child labours- There are numbers of children who are in this category but no cases have been done.
  2. School dropouts: There are hundreds of children who are enrolled to school in the beginning to schools later on they are out of schools. But regular attendance has been done.
  3. Child Marriages: It is quite huge in our areas but no proper proof to show to govt. with photos and wedding cards etc. age proofs
  4. Government schemes: it is not reaching; even if it reaches it requires lot of underhand business to collect money to sanction it.

There is also a concern over the criminal delayed in preparing an action plan and implementing the lying unused fund accrued under the KMERC (Karnataka Mining Environment Restoration Corporation). Although it’s been more than 5 years of Supreme Court order in the case of Samaj Parivartan Samuday v/s State of Karnataka to undertake environmental restoration work in mine ravaged districts of Ballari, Chitradurga, and Tumakuru in the state of Karnataka, not a single penny is spent on the community directly affected by mining, nor are the KMERC showing proactive interest in implementing the order. In fact, there is an attempt being made by the state machinery to divert the fund to create infrastructures for the iron ore and steel mining companies in the areas.

Goa:-

There is a burning issue in Sonshi village of Goa wherein 45 tribals were illegally arrested and were kept in judicial lockup for almost 9 days in last April this year. The villagers were protesting against the air and noise pollution. The pressure was built Government only when these arrested 45 villagers refused to sign the bail bond and their school going children held protest before the Police Station. The High Court of Bombay at Goa and Goa Children right commission has taken Suo-Motu cognizance of the said incident and the matter is still pending before the court.

When High Court asked to file a reply to the concerned authorities, the reports submitted were indicating serious violations of laws and the pollution were at much above the permissible limit in the said area. Out of the 13 mining leases, 12 mining leases now non-operational as the Goa State Pollution Control Board refused to renew their consent to operate.

Goa State Commission for Protection of Child Rights took suo-moto action on the basis of an article published in the “The English Herald” back in April 16, 2017 about the plight of children and villagers in Sonshi village in Sattari Valpoi. Two members Mrs. Sujata Bhatkar and Mrs. Carmelina Franco, from GSCPCR (Goa State Commission for Protection of Child Rights) visited the site. While visiting the site they interacted with around fifteen children who were worried about dust pollution and contaminated drinking water. Health issues like eye problems and asthma due to dust posing a risk to their health, the children narrated. The local school had only four children and they were covered with dust, looking pale and sick. The noise of excavation was deafening and was a big distraction to school children. The only source of drinking water, a well in the village, is also contaminated .Drinking water supplied by tankers are filled in through the barrels are again coated with dust. Thus the children are denied of basic human rights by keeping them away from safe drinking water. Numbers of children who walk through the dusty road to study in nearby school in Sankhalim and Navelim are victim of dust and air pollution created by the mining industry. The full area is dusty and roads need to be sprayed with water from time to time to keep area free of dust. The basic human rights of access to safe water, lead healthy life and, sanitation are denied by the state. Therefore, the State Commission asked the Government authorities to look into the matter seriously as the basic child rights are violated.

Annexure 2

Mr. Mansukhbhai Vasava and another MP had raised three questions in the Parliament with regard to Illegal Mining on 03/08/2017 to which the Min. of Mines has replied.

Question By Mansukbhai Vasava

Question by Parmeshwaran