A Critical Evaluation of the Adequacy of Current Mining Laws in India: A Legal Study

Authors

  • Dalton Debbarma Advocate, Agartala District Court, West Tripura.
  • Yash Yadav Advocate, District and Sessions Court Gurugram.

DOI:

https://doi.org/10.60143/ijls.v9.i1.2023.81

Keywords:

Environmental Protection, Government, Illegal Mining, Implementation, Judiciary, Mining Laws.

Abstract

It is a known fact that mining laws in any country is considered as a most important aspect and is necessary for the development of the country and especially for India being a developing country. But still India is struggling with the proper implementation of law as number of cases has been seen where the mining is been exploited by the players of the mining industry. This research paper is an attempt to analyse the important legislations regarding mining laws in India and are they sufficient to fulfil the current needs of the country specifically, the Mines and Minerals (Development and Regulation) Act, 1957. In this paper, the researchers would focus upon the important mining laws which regulates the mining sector in India and focus upon the implementation of the same by the government. First of all, the important mining legislations will be discussed and analysed in the paper. Further, the paper would throw light upon the challenges which are existing in the country in regard of the mining sector and in the respect of which the Legislature should look upon the challenges and do the necessary changes which are necessary in the current times. In support of this, this research would also look upon the judgements passed by the respective Courts in the context of lack of implementation of the mining laws in India. Finally, the analysis and the way forward will be discussed in this paper.

Downloads

Download data is not yet available.

Downloads

Published

2024-02-02

How to Cite

Debbarma, D., & Yadav, Y. (2024). A Critical Evaluation of the Adequacy of Current Mining Laws in India: A Legal Study. International Journal of Law and Social Sciences, 9(1), 25–33. https://doi.org/10.60143/ijls.v9.i1.2023.81

Issue

Section

Articles

References

F Padel and M Gupt a, Mining, Developm ent and Environment in India Research Handbook on Law 413 (Environment and the Global South 2019). DOI: https://doi.org/10.4337/9781784717469.00034

Goa Foundation Versus M/s Sesa Sterlite Ltd. & Ors., (Civil) No. 32138 OF 2015

Goa Foundation Vs. Union of India (UOI) and Ors.,Writ Petition (Civil) No. 435 OF 2012.

Mines and Minerals Development and Regulation Act, 1957 Arrangement, https://www.mines.gov.in/writereaddata/UploadFile/MMDR%20Act,1957.pdf. (last visited November 30, 2022)

Kuntala Lahiri-Dutt, Illegal Coal Mining in Eastern India: Rethinking Legitimacy and Limits of Justice, 42 Economic and Politi cal Weekly, 59 (2007).

M. C. Mehta v. Union of India, AIR 1988 SC 1037; (1987) 4 SCC 463.

Manohar Lal Sharma v. The Principal Secretary& Ors., Writ Petition (Cri.) No. 120 of 2012.

Mines and Minerals (Development and Regulation) Act, 1957

Raza A and Dwivedi M, Regulatory Framework of Minerals and Mining Industry in India in Relation to Environmental Concerns: A Critical Analysis, Ssrn (accessed on Nov 15, 2022) https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3415706.

Rules and Measures in Place to Curb Illegal Mining in States, Press Information Bureau https://pib.gov.in/PressReleasePage.aspx?PRID=1807684 (last visited November 11, 2022)

Samaj Parivartana Samudaya and Ors. Vs. State of Karnataka and Ors, Writ Petiti on (Civil) No. 562 of 2009.