- The Nagaland Chief Minister is under pressure to control coal mining following a sad occurrence in which six miners perished in an explosion.
- The Indian Constitution’s Article 371A grants special land rights, complicating efforts to curb unlawful coal mining activities.
Article 371A: Special Provisions for Nagaland
| Details | |
| Historical Context | Established in 1963 for Nagaland, recognizing its autonomy after the Naga people’s struggle. |
| Religious & Social Practices | Protects Naga tribes’ customs, traditions, and religious practices from external interference. |
| Customary Laws | Allows continuation of indigenous legal systems and traditional methods of justice. |
| **Autonomy | Grants Nagaland autonomy in managing its land, forests, and natural resources. |
| Legislation | Reserves seats in the Nagaland Legislative Assembly for various tribes and communities. |
| Special Rights | Aims to protect Naga people’s rights and promote socio-cultural development within the state. |
Why are we discussing this?
- Rat-hole Mining: Nagaland’s coal mining policy, which allows for rat-hole mining due to the scattered nature of coal reserves, creates obstacles for efficient regulation.
- Licence Restrictions: Small pocket deposit licences issued to private landowners have constraints on lease tenure, mining area, and machinery usage, as defined in the Nagaland Coal Policy (First Amendment) of 2014.
Conclusion
- The combination of constitutional requirements, customary land rights, and regulatory frameworks presents complicated issues for the Nagaland government in combating illegal coal mining activities.
- As legislative deliberations continue, concerted efforts to raise public awareness, implement regulatory reforms, and enforce laws remain critical to protecting the state’s natural resources and community welfare.
Source: https://www.thehindu.com/news/national/other-states/coal-mining-regulations-hit-article-371a-wall-in-nagaland/article67894628.ece#:~:text=Zeliang%20told%20the%20Nagaland%20Assembly,Mon%2C%20Tuensang%2C%20and%20Wokha.