Environmental Justice and Community Rights in India's Mining Sector

सार

India's mineral wealth is almost exclusively located within its forest, tribal & ecologically sensitive areas which creates an ongoing tension between extractive development & the rights of those inhabiting these landscapes. The paper explores the application of environmental justice, the equitable distribution of benefits and costs associated with high economic value environmental resources, and the meaningful right to participate in decision-making that directly impacts their environment within India's mineral governance system. It argues that although India has an intentionally more progressive constitutional and statutory architecture, the Forest Rights Act, 2006, the Panchayats (Extension to Scheduled Areas) Act, 1996 which applies in tribal areas and a rich judicial doctrine, what remains of the lived experience of mining-affected communities is one characterized by displacement, ecological damage and marginal involvement. The study adopts a doctrinal and analytical approach to analyse constitutional provisions, major legislations and capital landmark rulings from Samatha to Niyamgiri, Goa Foundation followed by the Common Cause ruling. It finds a structural disconnect between rights on paper and their effective implementation, rooted in inadequate operationalisation, weakened consent processes and the imbalance of power between the state, corporations and local communities. We end the paper with recommendations for honest community involvement, resourced Gram Sabha empowerment, transparent environmental impact assessments and high-functioning rehabilitation to promote proper environmental justice being integral to lawful and sustainable mining in India.

Keywords: Environmental Justice, Mining, Community Rights, Forest Rights Act, PESA Act, Sustainable Development, Mining Governance.