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Meghalaya High Court directs state to devise schemes for providing alternative forms of livelihood to people involved in illegal coal mining

The Meghalaya High Court has observed that people who have been involved in rat hole mining for a long period of time have to be weaned out and for such purpose, the State has to devise schemes and provide alternative forms of livelihood.

The three Judge Bench of Chief Justice Sanjib Banerjee, Justice H. S. Thangkhiew and Justice W. Diengdoh heard a Suo Moto Public Interest Litigation pertaining to the illegal mining of coal in the State of Meghalaya.

The State is in receipt of the report dated February 6, 2023 filed by Justice B.P. Katakey (retired). The State has filed a report dated February 13, 2023 enclosing the post-mortem reports pertaining to the recent deaths due to rat-hole mining in Khliehriat.

Pursuant to the Court’s query on the last occasion, the Deputy Solicitor-General submits that the mandate of the Central Industrial Security Force is to guard installations and buildings and not really do police work. However, he submits that the Central Reserve Police Force is available to augment the policing duty ordinarily undertaken by the State police. The Court is informed that there are companies and battalions available both in Shillong and in Guwahati if there be need therefor.

The Court directed the State to indicate the ideal number of companies of personnel necessary to effectively monitor and check the prohibition on unscientific mining of coal, including rat-hole mining, and the transportation of the recently illegally mined coal. The modalities will also have to be worked out by Justice Katakey so that the State, which has thus far been ineffective in either implementing the ban or in checking illegal transportation, is given a less of a role in the further monitoring and CRPF can have a more aggressive role in such regard.

“What needs to be appreciated is that in several areas, for want of alternative livelihood, common citizens have taken to dangerous mining methods. It is almost a social malaise. People who have been involved in such form of mining for a long period of time have to be weaned out and for such purpose, the State has to devise schemes and provide alternative forms of livelihood. Awareness and education would also go a long way in arresting the menace. The entire saga of illegal mining cannot be seen to be the handiwork of a specific class of persons’, the Bench observed.

The matter will next appear on February 28, 2023.

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