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
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