MEGHALAYA & ARTICLE 371 : POLITY

MEGHALAYA & ARTICLE 371 : POLITY

NEWS: In poll-bound Meghalaya, rat-hole coal mining hopes ride on Article 371

WHAT’S IN THE NEWS?

The Voice of the People Party (VPP) in Meghalaya has demanded special status under Article 371 to bypass the 2014 NGT ban on rat-hole coal mining, citing Nagaland’s Article 371A as a model. However, political opponents argue that Meghalaya’s Sixth Schedule autonomy is sufficient, and adding Article 371 would create governance conflicts.

1. Context: Meghalaya’s Demand for Article 371

• The Voice of the People Party (VPP), a regional political party in Meghalaya, has called for Meghalaya to be brought under Article 371 of the Indian Constitution.
• The demand is primarily aimed at revoking the National Green Tribunal (NGT) ban on rat-hole coal mining, which has been in place since April 2014.
• VPP cites Nagaland’s Article 371A, which grants the state special control over land and resources, as a model.

2. Arguments in Favor of Article 371 for Meghalaya

A. NGT Ban and the Issue of Rat-Hole Mining

• Rat-hole mining, a hazardous method of coal extraction, was banned by the National Green Tribunal (NGT) in 2014 due to severe environmental and safety concerns.
• The Supreme Court upheld the ban, extending it to other northeastern states.
• However, rat-hole mining continues uninterrupted in Nagaland, as the NGT cannot interfere due to Article 371A’s special provisions protecting Nagaland’s control over its land and resources.

B. Conflict Between Sixth Schedule and State Laws

• Meghalaya, under the Sixth Schedule, has Autonomous District Councils (ADCs) that have the power to make laws on land, forests, and customary laws.
• However, Paragraph 12A of the Sixth Schedule allows state laws to override ADC laws, limiting the ADCs' autonomy.
• VPP argues that if Meghalaya is granted Article 371 status, then no central laws (such as the NGT ban) could be imposed.

3. Counterarguments Against Article 371 for Meghalaya

A. Conflict with the Sixth Schedule

• Meghalaya already has tribal autonomy under the Sixth Schedule of the Indian Constitution.
• Most political parties oppose Article 371, arguing that it is incompatible with the Sixth Schedule.
• UDP (United Democratic Party) and Meghalaya’s Tourism Minister argue that Article 371 and the Sixth Schedule cannot co-exist, as both aim to protect tribal rights in different ways.

B. Environmental and Ethical Concerns

• Rat-hole mining causes severe environmental degradation, including:

• Deforestation
• Groundwater contamination due to coal runoff
• Air pollution

• Unsafe working conditions:

• Frequent mine collapses
• Child labor exploitation in hazardous conditions

• Despite the ban, illegal rat-hole mining continues in parts of Meghalaya, raising questions about the state's ability to regulate mining effectively.

4. Understanding Article 371 and Its Variants in India

Article 371 provides special provisions for different states based on their unique cultural, economic, and political conditions. These provisions vary from state to state.

• Meghalaya does not have Article 371 status but falls under the Sixth Schedule, which provides Autonomous District Councils (ADCs) to govern tribal areas.

5. Sixth Schedule and Autonomous District Councils (ADCs) in Meghalaya

• The Sixth Schedule provides autonomy to tribal areas in four northeastern states:

• Assam
• Meghalaya
• Tripura
• Mizoram

A. Powers of Autonomous District Councils (ADCs)

• Make laws on land, forests, social customs, village administration, and inheritance.
• Manage local governance: schools, dispensaries, roads, markets.

B. Limitation: Paragraph 12A of the Sixth Schedule

• Allows state laws to override ADC laws, reducing ADCs’ autonomy.
• This is the reason why VPP argues for Article 371 instead of relying solely on the Sixth Schedule.

6. Rat-Hole Mining: Environmental and Safety Issues

A. What is Rat-Hole Mining?

• A primitive method of coal mining, where miners dig narrow tunnels to extract coal.
• Extremely dangerous due to frequent collapses and lack of ventilation.

B. Major Environmental Concerns

• Severe deforestation due to unregulated mining activities.
• Groundwater contamination from acidic coal runoff.
• Air pollution from burning coal residue.

C. Humanitarian and Safety Issues

• Mine collapses and toxic fumes cause worker deaths.
• Child labor is rampant, as children can fit into the small tunnels.
• Despite the NGT ban, illegal mining continues, worsening the situation.

Source: https://www.thehindu.com/news/national/meghalaya/in-poll-bound-meghalaya-rat-hole-coal-mining-hopes-ride-on-article-371/article69198492.ece