(The Hindu) Mines & Minerals Amendment Bill, 2015
Mines & Minerals Amendment Bill, 2015
- Principal Act of 1957 – Draconian law for Adivasis
- Act does not address the critical issue of the rights of those (mostly from Adivasi communities) who own or occupy the surface land beneath which minerals lie.
- No provision for consent or consultation with gram sabhas.
- Adivasis described as ‘ocupier’ they have right to compensation but even if they do not agree to the mining plan or compensation – state govt. will allow the licensee to enter upon the said land & carry out mining activities.
Forest Act (2006)
Wildlife (Protection) Amendment Act (2006)
– Laws which gave some rights back to Adivasis
|2011 Bill||2015 Bill|
|Necessary permissions from owners & occupiers of Land for major minerals||No|
|Consent of gram sabha in 5th & 6th schedule areas for minor minerals||No|
|Env/ Forest clearances under Forest (Conservation) Act , Wildlife (Protection) Act or any other||No|
|Tribal cooperatives for grant of leases for minor minerals in 5th & 6th schedule areas||Not mentioned|
|DMF (Distt. Mineral Foundation (26% profit of coal companies given to DMF)||Includes DMF but scope reduced.|
May 2nd, 2015
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Art. Ref. : A glass half empty for Adivasis