As mining dependents smiled at the assurance given by Prime Minister Narendra Modi that he will try and find a solution to the mining imbroglio that hit the State exactly a year ago, few will recall or want to recall why this order was passed. The highest court in the country ordered the stoppage of mining operations in Goa on a legal point. It found that the second renewal of leases was ‘erroneous’ and hence not in accordance with the law. Yes, it affected a large segment of the population of the State that depends on mining for their income, but if something was happening illegally then, could it be allowed to happen.
Before taking any decision, we need to go back and re-read at least certain paragraphs – if not all of it – of the Supreme Court order, for there are in it certain statements that need to be taken into consideration when arriving at a solution to the mining muddle. The Supreme Court order, in one of its paragraphs, had said, “The State ignored the fact that every single mining lease holder had committed some illegality or the other in varying degrees. With the mining lease holders violating virtually every applicable law or legal requirement, it is clear that the rule of law was not their concern.”
Against this statement, that appears in the order of the Supreme Court, can Goa even begin to consider renewing leases to the same firms that had been undertaking mining operations in the past? For whom then would the rule of law apply? Would it be only for the common man? Any solution to the current mining imbroglio has to take into consideration the illegalities that the firms that held mining leases had indulged in. There cannot be a blanket clearance of all mining leases, and allow the operations into the hands of those firms that the Supreme Court had found had committed illegalities.
But there’s more. Another relevant statement in the order had said, “The real intention of the second renewal was to satisfy the avariciousness of the mining lease holders who were motivated by profits to be made through the exploitation of natural resources.” This is an even stronger indictment against the government that renewed the leases for the second time and the firms that were involved in mining operations. Just these two statements in the Supreme Court order of February 7, 2018 are reason enough not to hand over mining operations to the same firms. These are reasons to prosecute the erring mining firms and deliver justice. The government has failed in this.
It is imperative to keep emotions away when dealing with the mining issue. When ministers and MLAs speak of resuming mining, of wanting operations to begin by a certain date, they are merely playing to the galleries as little can be achieved towards restarting mining, without first tackling the issues that led to the stoppage of mining. Amending the Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, as demanded by the Goa Mining People’s Forum may open the gates of the mines, but is hardly a permanent solution. This will only serve to all the illegalities that have taken place earlier to continue.
A solution to mining has to be permanent, but before that the mining accumulated losses have to be recovered. Restarting mining operations cannot without the recovery of the losses of the past will give the mining firms the confidence to resort to illegalities again. The action against the mining companies has to have a deterrent effect that will rein in other companies from indulging in illegal mining. An example has to be made and the government has been served this opportunity, which it has not availed of yet. Time is still on the government’s side, if only it has the desire to act.
