Shillong, Jul 2: The Jaiñtia Students’ Movement (JSM) has said that there was no need for the Meghalaya government to move the Central government for amendment of the Mines and Minerals (Development and Regulation) Act, 1947 which is also known as MMDR Act.
In a statement issued today, the JSM president said it was concerned when Chief Minister Conrad Sangma stated that he would go to Delhi soon to meet the Union Minister and seek review of the MMDR Act.
“The solution to the 12-year-old coal ban lies within Meghalaya itself. There is no need to amend the MMDR Act for the entire country when the objective is to protect livelihoods in Jaiñtia Hills,” the JSM maintained.
The JSM reminded Sangma that the Jaiñtia Hills Autonomous District Council (JHADC) had earlier this month passed a resolution urging the State government to facilitate a legal framework for traditional coal mining under the Sixth Schedule.
“Instead of acting on this resolution passed by our own District Council, why is the government now seeking to amend the MMDR Act in Delhi,” the JSM said.
Stating that the application of MMDR Act in Sixth Schedule areas “is not absolute and must be read with tribal safeguards”, the JSM also said that Article 244 (2) read with Sixth Schedule Para 3(1) (a) empowers the District Council to make laws with respect to the use of land for a any purpose to promote the interests of local inhabitants.
“This includes framing a law to regulate small-scale traditional coal mining with scientific methods, safety measures, and environmental safeguards. Such a District Council law once passed and assented by the Governor under Para 3 (3), will have legal force in Jaiñtia Hills,” the JSM asserted.
It also mentioned that Para 9 of the Sixth Schedule mandates that licences or leases for prospecting or extration of minerals shall be granted by the State government only after consultation with the District Council.
Further, the JSM said that the Supreme Court in the case of District Council of United Khasi-Jaijtia Hills vs Sitimon Sawian (1971) held that customary land rights in Sixth Schedule areas cannot be overriden by general laws without due process.
JSM also recalled that the Supreme Court in its 2019 judgement lifted the NGT ban and permitted coal mining in Meghalaya subject to compliance with MMDR Act, Mineral Concession Rules, and environmental clearances. “The court recognised customary rights while mandating regulation,” it added.
The JSM also urged the State government to advise and assist the JHADC to draft and pass a ‘Jaiñtia Hills Traditional Mining Regulation Act’ under Para 3 (1) (a) of the Sixth Schedule and that after the bill is passed, the government should recommend to the Governor to grant assent under Para 3 (3).
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