Revoke amendments to Mines & Minerals (Improvement & Regulation) Act, 1957 (MMDRA), particularly with regards to entry of personal corporations in seaside sand mining

To

Shri Rajiv Gauba

Union Cupboard Secretar

Pricey Shri Gauba,

I’ve repeatedly cautioned the federal government to not amend the Mines & Minerals (Improvement & Regulation) Act, 1957 (MMDRA), as proposed by the Ministry of Mines, in a approach that hurts the pursuits of the adivasis, runs counter to the spirit of federalism and, specifically for allowing personal corporations to undertake seaside sand mining that entails scarce strategic atomic minerals. My letter could also be readily accessed at https://countercurrents.org/2022/07/proposed-amendments-to-mines-minerals-development-regulation-act-not-in-the-national-interest/.

With particular reference to seaside sand mining, I’ll inform you that in a PIL filed by me earlier than Hon’ble Supreme Court docket in opposition to seaside sand mining by one personal firm, the Union Ministry of Mines had affirmed earlier than the courtroom that every one personal seaside sand mining leases had been revoked in 2019. I’ve extracted beneath the related portion to your prepared reference.

“The seaside sands alongside the coasts of Odisha, AP, T. Nadu and Kerala are wealthy in atomic minerals, particularly Monazite, the uncooked materials for the extraction of Thorium, which constitutes the first gas for India’s third stage nuclear growth programme. The Indian seashores have a considerably giant proportion of the Monazite sources on the planet. 

The British had exploited this at the price of India previous to Independence, although in a restricted method. Nevertheless, on the recommendation of Dr Homi J Bhabha, the architect of the nation’s nuclear growth technique, the then Prime Minister, Nehru had determined to ban personal mining of the seaside sands instantly after India turned unbiased. 

Regardless of strain from many international businesses to get entry to those valuable minerals via some home personal corporations, the successive governments resisted opening up these minerals for personal mining, until the earlier UPA authorities opened the floodgates to it throughout its tenure. It is very important be aware that, irrespective of which atomic mineral is extracted, it invariably comprises Monazite as an impurity. Although the Ministry of Mines and the DAE had imposed a low higher threshold for the presence of Monazite within the atomic minerals extracted, over the time, the UPA authorities relaxed the necessity for “Monazite Certification” on the exporting ports, creating an infinite scope for Monazite being smuggled out on a big scale. The Madras Excessive Court docket took be aware of this suo moto and ordered a radical investigation. I had additionally filed a Writ Petition within the Supreme Court docket on the same matter regarding AP. Within the matter underneath adjudication earlier than  the Supreme Court docket, the Ministry of Mines had filed an announcement in 2019 to the impact that personal mining of the seaside sand minerals wouldn’t be permitted. This was a welcome step taken by the federal government.

Since then, as anticipated, there was intense strain from many personal corporations, not directly supported by international businesses, to calm down the foundations as soon as once more to permit personal mining of the seaside sand minerals, apparently for gaining access to priceless atomic minerals, particularly Monazite. It seems that the current authorities has unwittingly or in any other case fallen prey to this, as evident from the modifications proposed now in Para 6 of the newest Public Discover. These modifications successfully convey again personal miners into seaside sand mining, a positive approach to open the floodgates to the export of Monazite, to the detriment of the nationwide curiosity. For my part, this shouldn’t be permitted underneath any circumstances”

The Centre doesn’t appear to have heeded to my cautionary recommendation because it appears to be dashing headlong into allowing personal corporations to mine seaside sands, insensitive to its adversarial implications for the nationwide curiosity.

To my misery, I’ve simply come throughout a information report (https://www.thenewsminute.com/article/government-reconsiders-ban-adani-forays-beach-sand-mining-168631) that signifies that the Adani Group has since shaped two subsidiaries with the next goal:

“To hold on in India or elsewhere on the planet, all or any business, commerce, importing & exporting of all sort of products, infrastructure developments together with the enterprise to develop and function the coal & different minerals mines and blocks together with growth, processing of minerals, TiO2 Slag manufacturing, Pigment manufacturing, titanium sponge & steel manufacturing, monazite processing, promoting heavy minerals together with, however not restricted to Ilmenite leucoxene, rutile, zircon, garnet, sillimanite, uncommon earth minerals processing, manufacturing and manufacturing of uncommon earth Chlorides, oxalates/carbonates, oxides, metals, manufacturing and manufacturing of sintered and bonded everlasting magnet and gross sales thereof and operation of coal & different minerals blocks as contractor or subcontractor or in some other kind and to prospect for, discover, mine, quarry, beneficiate, develop, derive, uncover, excavate, dredge for, open, work on mine, win, buy, crush, polish, smelt, manufacture, course of, generate and many others.”

It isn’t clear whether or not the establishing of such subsidiaries by the Adani Group has one thing to do with the hasty method through which the Centre had rushed into amending the MMDRA! That is certainly distressing. Has the Centre lastly caved in to company strain to amend the legislation, ignoring its implications for the nationwide curiosity? If it’s so, it’s unlucky, to say the least.

India can not afford to disregard the strategic significance of atomic minerals, particularly Monazite and to open the floodgates to non-public corporations for seaside sand mining, who function totally on profit-maximisation as their goal, quantities to ignoring the nationwide curiosity. This definitely requires a wider dialogue, among the many public and within the Parliament.

Might I as soon as once more demand that the Centre revokes the proposed modification forthwith?

Regards,

Yours sincerely,

E A S Sarma
Former Secretary to Authorities of India
Visakhapatnam