The Problem of Illegal Coal Mining in India

Story so far: On July 13, three workers died of suffocation in an illegal coal mine in Gujarat’s Surendranagar district. Officials said the workers were working in the mine near Bhet village in Thangadh taluka without helmets, masks or other safety equipment. The first information report (FIR) said the accused failed to provide necessary safety equipment to the workers, who died after inhaling toxic gas in the mine. The police have registered a case of culpable homicide not amounting to murder against four people.

What’s the problem?

The Surendranagar incident is not an isolated case.

In June 2023, three people, including a 10-year-old child, were killed after an illegal mine collapsed in Dhanbad district of Jharkhand state. Similarly, at least three people were killed in October 2023 after a coal mine collapsed during illegal mining in Paschim Bardhaman district of West Bengal.

These are just a few examples of how illegal coal mining has led to fatal accidents among workers in India.

Coal in India was nationalised in two phases: first, coking coal (used to make coke in the steel industry) in 1971-72; and then non-coking coal mines in 1973. The Coal Mines (Nationalisation) Act, 1973 is the central legislation that determines eligibility for coal mining in India. Illegal mining is a law and order problem that comes under the state list. Hence, the onus of dealing with it rests on the state governments, not the federal government.

Why is illegal coal mining so common in India?

According to the Ministry of Coal, illegal mining in India takes place mostly in abandoned mines or shallow coal seams in remote or isolated places. Several factors contribute to illegal coal mining in India.

Coal is the most abundant fossil fuel in India, accounting for 55% of the country’s energy needs. India’s high energy demand translates into high demand for coal, which often exceeds legal supply, leading to illegal supply. Many coal-rich areas are also located near the homes of people struggling with poverty and unemployment, which contributes to illegal mining in these areas.

In remote areas, mining regulations can be weak due to insufficient monitoring and lack of resources, leading to weaker enforcement. This can result in the rise of “coal mafias,” as has been alleged in many cases of illegal coal mining in India. In 2018, for example, activist Marshall Biam of the North East Indigenous People’s Federation filed a complaint accusing a “police-backed” coal gang of threatening him. Mining tragedies are not uncommon in coal-rich Meghalaya.

Illegal coal mining also allegedly receives tacit support from political leaders in areas where it is rampant, making it difficult to stop. In 2023, the Assam Jatiya Parishad (AJP) political party filed a petition to the President, Vice President, Prime Minister, Chief Justice of India, National Green Tribunal (NGT), National Human Rights Commission and Leader of Opposition in Rajya Sabha, alleging that some BJP leaders are behind illegal coal mining in the state. AJP president Lurinjyoti Gogoi and general secretary Jagadish Bhuyan said illegal coal mining in rat holes is continuing in Assam, as well as in Meghalaya and other northeastern states, with alleged patronage of BJP leaders and in collusion with officials despite a complete ban on such mining by the NGT in 2014.

Illegal mining is often carried out using primitive techniques, such as surface mining and rat mining, rather than the scientific methods required for larger-scale legal operations. In areas where coal seams are closer to the surface, illegal miners access them using limited safety equipment. Minimal operating costs can also translate into significant profits, making illegal mining lucrative.

Why do so many workers die in illegal coal mines?

Lack of safety equipment and protocols is a major cause of deaths during illegal coal mining. Miners are at increased risk of respiratory illnesses due to inhaling coal dust, and the lack of safety equipment significantly increases this risk. Miners in the Surendranagar incident also died of carbon monoxide poisoning. According to District Collector KC Sampat, 2,100 wells have been filled in recently, but some of them may have been illegally reopened, where the incident occurred.

Illegal mines lack adequate structural support for coal extraction, making working conditions unsafe and prone to collapses, landslides and explosions. Workers may also be exposed to high levels of toxic substances such as lead and mercury, which can cause acute poisoning or long-term chronic health conditions.

Many people working in illegal coal mines are not trained for the job and the risks it poses. There is a lack of adequate training, rapid response measures and emergency knowledge.

Operator negligence and worker exploitation are also common in illegal coal mining.

Why are governments struggling to curb illegal coal mining in India?

Questions about illegal coal mining have been raised in Parliament, but since it is a law and order issue, the Union government often shifts the blame to the state governments. A mix of economic, social, political and regulatory factors make it difficult for governments to shut down illegal coal mining in India.

Illegal coal mining, by no means, is new. It has existed since before coal was nationalized and still exists in enclaves in coal-rich areas or near abandoned mines. The high demand for coal as a fuel makes illegal mining common and difficult to control. Local economies in many areas depend on mining, and when official operations cease, illegal mining takes its place to support local communities.

The legal framework governing mining is complex, which can lead to bureaucratic obstacles and inefficient management, thus enabling illegal mining.