(The Hindu) Mines & Minerals Amendment Bill, 2015
Mines & Minerals Amendment Bill, 2015
- passed
- 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.
PESA (1996)
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
