Monsoon Session: Mines & Minerals Bill Should Protect Adivasi Rights, Says EAS Sarma

New Delhi: The government proposes to introduce eight new Bills in the Monsoon Session of Parliament, slated to begin on July 21. Among these are The Mines and Minerals (Development and Regulation) Amendment Bill 2025. The Bill aims to “ease doing business” for private mining companies, and may infringe upon adivasi (tribal) rights, a top former civil servant, EAS Sarma, has alleged.

In an open letter to the Tribal Affairs Ministry, Saram, former Secretary to the Government of India, has flagged various cases of violation of adivasi rights by mining companies and has cautioned the government against it.

“While the government may be anxious to step up mining activity, it cannot and should not be at the cost of adivasis who enjoy special protective rights under the Fifth Schedule and other laws enacted under the Constitution,” he has written in the letter addressed to Vibhu Nayar, Secretary, Ministry of Tribal Affairs.

Urging the Centre to go in for prior discussions with the National Commission for Scheduled Tribes (NCST), Sarma pointed out that such a consultation is mandated by Article 338A(9) of the Constitution on all matters affecting the Scheduled Tribes.

 “I find that neither the Ministry of Mines nor the Ministry of Coal has taken care to obtain prior consent of the NCST, before taking such major policy decisions that disrupt the lives and livelihoods of tribals,” he added

Read the full letter below:

To
Shri Vibhu Nayar  
Secretary

Ministry of Tribal Affairs
Govt of India

The Mines and Minerals (Development and Regulation) Amendment Bill 2025, proposed to be introduced in the Monsoon Session of Parliament, should explicitly include a requirement that mandates 100% prior compliance with Article 338A(9) of the Constitution, PESA, Forest Rights Act to safeguard the rights of Adivasis

Dear Shri Vibhu Nayar,

I refer to a news report which indicates that the Ministry of Mines would be introducing the Mines and Minerals (Development and Regulation) Amendment Bill 2025 in the coming Monsoon Session of the Parliament, with a view to simplify the process of issuing leases for mining minerals and align the procedures to suit the interests of private mining companies.

So far, either in the case of coal mines, or in the case of other mineral blocks, the concerned Ministries have been allotting mineral blocks in violation of the Panchayats (Extension to Scheduled Areas) Act, 1996 and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, where such mineral deposits are either located in Scheduled Areas or in forest areas in general. In such cases, the Fifth Schedule and the legislations referred make it mandatory for both the Central government and the State Government to seek the local Gram Sabhas’ consent before taking decisions on undertaking mining activity.

In the case of Bauxite mining in Niyamgiri Hills in Kalahandi/Rayagada districts in Odisha, the Hon’ble Supreme Court pronounced a landmark judgement in April, 2013 emphasising the  above, while setting aside the government’s decision to permit Vedanta Group to undertake mining.In States like Andhra Pradesh and Odisha, there are special laws that prohibit alienation of land and minerals to private agencies, a legal position reiterated by the Hon’ble Supreme Court in the well-known Samata case in 1997. 

While the government may be anxious to step up mining activity, it cannot and should not be at the cost of adivasis who enjoy special protective rights under the Fifth Schedule and other laws enacted under the Constitution.

Article 338A(9) of the Constitution, the Union and every State Government shall consult the National Commission for Scheduled Tribes (NCST) on all major policy matters affecting Scheduled Tribes. I find that neither the Ministry of Mines nor the Ministry of Coal has taken care to obtain prior consent of the NCST, before taking such major policy decisions that disrupt the lives and livelihoods of tribals.

May I therefore suggest that your Ministry stands up for protecting the interests of the tribals and ensure that the Mines and Minerals (Development and Regulation) Amendment Bill 2025 now being introduced in the Parliament and other laws that impinge on the lives of tribals, such as those applicable to forests, incorporate an explicitly stated provision to ensure 100% compliance with the above referred requirements to safeguard the rights of tribals? 

As required, you may consult the NCST on this.

In my view, your Ministry has the obligation to proceed as above.

All the best,

Yours sincerely,

E A S Sarma

Former Secretary to the Government of India

Visakhapatnam

Courtesy: Countercurrents.org