Towards A Greener Future: Unveiling the Legal & Ethical Framework for Sustainable Mining in India
By Viven John Monis & Prof Dr. N Dasharath, University Law College & DOS in Law Bangalore University.*
Abstract
“The earth, the air, the land and the water are not an inheritance from our fore fathers but on loan from our children. So we have to handover to them, at least, as it was handed over to us”– Mahatma Gandhi
Mining is a critical economic activity that significantly contributes to India's industrial growth. However, the environmental and social impacts associated with mining, such as deforestation, pollution, and displacement, pose significant challenges to sustainable development. This paper examines the legal and regulatory frameworks that govern environmentally sustainable mining in India, emphasizing the key policies, acts, and regulations aimed at mitigating the adverse effects of mining activities. It explores the role of the Ministry of Environment, Forest and Climate Change (MoEFCC), the Central Pollution Control Board (CPCB), and other state-level regulatory bodies in enforcing environmental protection standards. Central to this study is the Environmental Impact Assessment (EIA) process, the Sustainable Development Framework (SDF), and the Forest Conservation Act (FCA), all of which shape the mining sector's response to environmental concerns. Additionally, the paper discusses the challenges in implementing these frameworks and highlights the evolving nature of India's mining laws to accommodate sustainability. By analyzing the interplay between regulations and mining practices, this paper offers insights into the progress and gaps in ensuring a balanced approach between industrial growth and environmental stewardship in India’s mining sector.
Keywords: Sustainable Mining, Environmental Impact Assessment (EIA), Regulatory Framework, Forest Conservation Act (FCA), Sustainable Development Framework (SDF), Mining Policies in India
* Author 1 is a 3rd Semester student of Labour & Employment Law, University Law College & DOS in Law & Author 2 is a Principal University Law College & DOS in Law, Bangalore University.
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