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    Mining and Jurisprudence: Observations for India’s mining sector to improve environmental and social performance

    Banerjee, Srestha | June 2020
    Abstract
    Over the past decade, India’s mining sector, including the non-fuel mineral sector, has been marred by countless controversies. From violation and poor implementation of regulatory requirements pertaining to environmental protection and community rights, to over-extraction and illegal sale of ores, issues have brought the sector into the limelight of policy debate. The matters have also necessitated intervention of the judiciary, particularly the Supreme Court of India, directing mining companies to set the course right. Besides imposition of compensation charges on mining companies or suspension of mining and related activities, the decisions of the judiciary have also prompted some major policy reforms such as amendment of the Mines and Minerals (Development and Regulation) Act in 2015, successive amendments to Environmental Impact Assessment Notification under the Environment (Protection) Act (1986) and formulation of a new National Mineral Policy in 2019. This paper analyses some of the flagship judgements and directions pronounced by the Supreme Court of India with respect to non-fuel minerals over the past decade, particularly concerning environmental and community issues as these are key factors concerning the sustainability of the mining sector. The paper also highlights some of the major policy developments that followed the court’s observations and directions. Finally, the paper discusses what the non-fuel mining sector must consider for adhering to the principles of sustainable development and natural justice, as it remains a critical sector in the country’s economic fabric.
    Citation
    Banerjee, Srestha. 2020. Mining and Jurisprudence: Observations for India’s mining sector to improve environmental and social performance. © Brookings India. http://hdl.handle.net/11540/12241.
    Keywords
    Environmental Impact Assessment
    Environmental Health Hazards
    Environmental Guidelines
    Environmental Services
    Environmental Costs
    Environmental Conditions
    Environmental Action Plans
    Environmental Cleanup
    Regulatory Environments
    Institutional Environment Assessment
    Global Environment
    Environmentally Sustainable Development
    Environmentally Damaging Subsidies
    Environmental Strategy
    Environmental Sustainability
    Environment and Pollution Prevention
    Environmental Action Plans
    Environmental Assessment
    Risk Management
    Commerce and Industry
    Intra-Industry Trade
    Large Scale Industry
    Labor
    Coal Industry
    Urban mining
    Pollution Indexes
    Green Revolution
    Polluter Pays Principle
    Decontamination
    Environmental Statistics
    Ecosystems
    Ecology
    Pollution Control
    Coastal pollution
    Coasts
    Lakes
    Rivers
    Inland Water transport
    International rivers
    international lakes
    Sewage management
    Waste Disposal
    Water pollutants
    Public Law
    Fishery Law
    Marine Pollution
    River Pollution
    Industrial Pollution
    Thermal Pollution
    Thermal Pollution
    Hydroelectric power
    Energy technology
    Alternative energy program
    Alternative energy technology
    Energy Sources
    Industrialization
    Industrial Economics
    Industrial Development
    Industrial Policy
    Technology assessment
    Technological
    Recycle institutes
    Employment
    Information Media
    Manufacturing Industries
    Coal Mining
    Air quality indexes
    Environmental indexes
    Sanitation
    Green technology
    Oil spills prevention
    Water quality
    Prevention of pollution
    Water resources development
    Water quality trading
    Pollution
    Solid waste
    Experimental watershed areas
    Lakes monitoring
    Floodplains monitoring
    Pollution measurement
    Liability for water pollution damages
    Tide pool ecology
    Reef ecology
    Ocean bottom ecology
    Marine riparian ecology
    Marine radioecology
    Marine productivity
    Marine microbial ecology
    Marine habitats
    Marine chemical ecology
    Aquatic ecology
    Water pollution
    Renewable energy source
    Natural resource
    Hybrid power
    Renewable energy resource
    Conservation of natural resources
    Green technology
    Air pollution potential
    Pollution control industry
    Energy conservation
    Emissions
    Capital market
    Developing countries
    Market share
    Labor
    Coal-oil
    Coal mines and mining
    Show allCollapse
    Citable URI
    http://hdl.handle.net/11540/12241
    Metadata
    Show full item record
    Thumbnail
    Mining-and-Jurisprudence_F.pdf (806.4Kb)
    Author
    Banerjee, Srestha
    Theme
    Environment
    Industry

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    Copyright 2016-2021 Asian Development Bank Institute, except as explicitly marked otherwise