5. COAL INDIA'S ENVIRONMENTAL POLICY

Coal India Limited (CIL) is the largest coal mining company in the country contributing about 85% of the total coal production. The company realized the importance of environmental management in the mining and associated activities in its command areas and outlined a well meaning 'Environmental Policy' with definite Objectives and Strategy. CIL's 'Environmental and Social Mitigation Program' takes into account mine planning and design, environmental monitoring, disturbed land reclamation, subsidence management, regional land and environmental management planning, coal quality and ash management, organizational structure and environmental management, staff development and training. The 'Coal Sector Rehabilitation Project' addresses the social issues which take into account the various social implications, e.g., employment opportunities, health care, education, change in traditional life styles, infrastructure and civic facilities, etc. The Objectives and Strategy of CIL's Environmental Policy are as quoted below.

Objectives : 'Coal India is committed to comply with all environmental laws, regulations and the conditions contained in letters of clearance by the MOEF. In addition, Coal India's corporate Environmental Policy aims at

*'full integration of EMPs and environmental impact management with mine planning and design to facilitate the attainment of environmental standards, laws and regulations, and

* 'mitigation, to the maximum extent possible, of the environmental and social impacts of mining.'

Strategy : To achieve the Objectives outlined above Coal India has adopted the following Strategy.

*'Coal India is in the process of changing its designs for coal mines. In the future Coal India will follow designs that not only meet environmental standards but minimize adverse effects on the ambient environment and the people living in the surrounding area.

* 'On new mines environmental management will be fully integrated with mine design, planning and development; comprehensive base-line surveys will serve as the basis for EIA's and the planning of reclamation activities.

* 'Reclamation of 'mined-out' areas will aim at achieving post-mining conditions that will help local people sustain or improve their livelihood. Reclamation activities will be carried out in such a way as to minimize delays between mining activities and post-mining use. In carrying out these activities, Coal India will develop and adopt reclamation technologies that are best suited for the Indian ecological conditions.

*'Coal India will work closely with state governments in identifying an inventory of deforested land that can be used for compensatory afforestation.

* 'In the years ahead, Coal India will give priority to the protection of air and water quality, the abatement of noise and the strengthening of its capabilities to reclaim mined-out areas.'

The above Policy defined in mid nineties is being implemented by Coal India and the it will continue to guide the mining activities in the future also.

6. THE NATIONAL INDUSTRIAL POLICY

The New Industrial Policy, 1991 was formulated to provide an impetus to the pace of industrialization in the country. This resulted in abolition of all industrial licensing for all the industries except some specified industrial sectors. The Policy addresses the environmental concerns along with objectives of Sustainable Development and states as quoted below.

'The major objectives of the new industrial policy package will be ;to build on the gains already made, correct the distortions or weaknesses that my have crept in, maintain sustained growth in productivity and gainful employment and attain international competitiveness. The pursuit of these objectives will be tempered by the need to preserve the environment and ensure the efficient use of available resources.'

The New Industrial Policy lays stress on the following for the sustained development and growth of the industry in the country.

1. Substantial reduction in the scope of industrial licensing.
2. Simplification of procedures, rules and regulations.
3. Reforms in the Monopoly and Restrictive Trade Practices (MRTP) Act.
4. Reduction of the areas reserved exclusively for the public sector.
5. Disinvestment of selected public sector enterprises.
6. Enhancing limits of foreign equity participation in domestic industrial undertakings.
7. Liberalization of trade and exchange rate policies.
8. Rationalization and reduction of customs and excise duties.
9. Extension of the scope of modified value added tax (MODVAT).

7. DRAFT NATIONAL REHABILITATION & RESETTLEMENT POLICY

The Government of India is in the process of developing a R&R policy and for this a draft has been prepared. The salient features of the provisions in this draft policy are outlined later.

Majority of our mineral resources, including coal, and iron ore reserves are located in remote and backward regions, mostly inhabited by tribal. Further, due to locational advantages of the mineral based resources, a strong industrial network has been created in these areas implying a cycle of positive growth.

It is expected that there will be large-scale requirement for land for setting up developmental projects in these regions. The acquisition of land may include agricultural land or homestead or both. Land is normally acquired under the provisions of the Land Acquisition Act, 1894, which is a general and basic law in the country for the acquisition of land for public purposes and for companies. This Act was comprehensively amended in the year 1984 taking into considerations the recommendations of the Law Commission, Land Acquisition Review Committee, as well as suggestions from State Governments and other quarters.

When a project is set-up in any area, due to acquisition of land, not only those who hold land in their possession and have dwelling houses are displaced, but the displacement extends equally to the co-dependents including tenants, share croppers, landless laborers, and those carrying on any trade, occupation, calling or working for any gain within such area. Thus, the extent of displacement covers an entire system, which is much wider than the loss of land, reflected through the process of acquisition.

Need for Rehabilitation Policy

The developmental projects raise questions of equity, fairness, justice and equality before the law in the matter of distribution of benefits and burdens. Today the project affected people(PAPs) are no longer in a mood to suffer displacement along with its concomitant attributes like occupational degeneration, social disorientation, pauperization, loss in dignity and often getting cheated of the compensation amount which serve to make the experience a trauma. This has given rise to protest movements marked by a growing militancy. Therefore, to ensure equitable development of all the communities it is necessary to have an uniform rehabilitation and resettlement policy for the entire nation.

Constitutional and Legislative Perspectives

The Constitution of India envisages development of the country with equitable distribution of the benefits of the developmental work in the country. Therefore, the Constitution and relevant legislation have the following perspectives relevant to rehabilitation and rehabilitation of the PAPs.

* All development projects are undertaken by the Central and the State governments and by other public authorities, in exercise of executive power or by virtue of or under a legislative power, in relation to various entries in the Schedule-VI of the Constitution of India.

* As people or communities are involuntarily displaced under the projects, their right to reside and settle in any part of the territory of India under Article 19(1) (e) of the Constitution is compromised. The special interests of Scheduled Tribes means not merely a right to bare survival but a right to live with dignity and therefore, includes all the ingredients of a dignified human life.

* In recent years, the courts, through orders have recognized the rights of the oustees and given directions for granting land for land and for providing jobs and other means of livelihood.

* The development in the field of Human Rights in international law, particularly the Universal Declaration of Human Rights, the two declarations on Political and Civil Rights and Social and Economic Rights and the recent draft on the Right to Development also cannot be ignored. The International Labor Organization's revised Convention No. 107 is of equal relevance particularly in the context of tribal. In addition, many conventions, protocols and regional charters provide for specific human rights.

It is thus imperative that a comprehensive national policy, on rehabilitation of persons, displaced as a consequence of acquisition of land, is evolved.

Principles Governing Rehabilitation

The policy of rehabilitation should be governed by the principle of "Total Rehabilitation". The rehabilitation should be synchronized with the project implementation. Rehabilitation should not only extend to financial compensation or providing means of livelihood but it should be multidimensional. It should also include social, economic, educational, environmental, physical, occupational and cultural aspects. The total project cost must include the cost of rehabilitation.

The aim of rehabilitation should be to minimize hardship of displaced persons during the process of rehabilitation. Resettlement must provide for an improved resource base so that those displaced in their new place can have access to not only shelter but also food and income generating systems, communication and social infrastructure, not inferior to that of their original habitat within a reasonable period of time, say not more than 3 years.

There should not be displacement without rehabilitation having been completed and the resettlement site and the resource base should be large enough to accommodate the natural growth in population and to generate incomes to provide for a progressive rise in standard of living of the displaced persons.

The displaced community individually and collectively must be fully compensated for all losses. This includes lands, trees, houses, wages, livelihood, community properties, community amenities and services, access to natural resources, etc. Loss of customary rights/uses of the tribal into common property resources should be compensated by paying ten times the minimum wages which the tribal would have earned, at the rates fixed by the respective state Governments during a single working season.

Where displaced persons are resettled among already settled communities, they must be resettled in such a manner that they are integrated with the host community on the basis of equality, mutual respect and understanding consistent with the desire of each community to preserve its own identity and culture.

Hence, a phased chain of well-planned actions involving the people is called for rather than sporadic adhoc approach.

Stages of Rehabilitation

The various stages in planning and implementing rehabilitation are outlined hereunder in brief

Land Assessment

* There has been a noticeable tendency in industrial project planning to project the requirement of land in excess of the actual requirement, keeping in view the future expansion and the appreciatory nature of the land value. Hence, the requirement of land should be assessed by an independent body including technical personnel, representatives of district administration, Department of Welfare and other concerned Departments. In fact, in order to minimize the magnitude of displacement of the people it is necessary to optimize the land requirement.

* Before undertaking land acquisition, utilization of the land previously acquired should be reviewed. Any land, which is not utilized within 10 years of its acquisition for the purpose, for which it was acquired, should be resumed by the State and reallocated to meet fresh requirements.

Impact Assessment

*Before any kind of rehabilitation formulation is done, it is necessary to assess the impact of the project upon the number of persons to be displaced, the kind of displacement, its impact upon eco-environment, the number of jobs being generated, the relation of the product to the local area and the boost to the economy.

*The assessment should be done by an independent body, except the defense projects, where the defense authorities themselves, wherever feasible, should make such assessment.

Identification of Displaced Persons

It is necessary that there should be a cut-off date, in order to eliminate/ minimise the possibilities of usurpation of rights by trespassers, in order to reap the advantage of jobs and other benefits being offered by various rehabilitation plans.

A detailed survey should be carried out, containing the following details, about each family. The data so collected, should not be more than one year old.

* Human resource base of each family
* Economic status of each individual member of the family
* Ownership of property, movable and immovable
* Deprivation of property including lands, structures, trees, houses either occupied or owned with tenancy rights or even as encroachers or de-facto possessors.
* Deprivation of means of livelihood due to stagnation of developmental activities, soon after the project, loss of property, loss of access to clientele, loss of jobs, loss of gainful employment or loss of access to income generating resources.
* Deprivation of community life, community properties and resources base, community amenities and services; socio-cultural relationships/institutions, places of historical and cultural value.
* Loss of habitat and lands, degradation of land and water resources; environmental degradation; adverse impact on health, etc. as an after effect of the project.

The list of displaced persons should be prepared in following categories:

* Total displacement, i.e., in terms of land and homestead.
* Partial displacement in either of the above terms.
* Landless laborers displaced.
* Artisan and traders dependent upon the displaced site for livelihood.
* The income of the persons displaced should be assessed and categorized under three heads, i.e., small, medium and large.

Acquisition of Land

* All land acquisition should be done under the provisions of the Land Acquisition (L.A.) Act, 1894. Acquisition of land for public purpose and consequential payment of compensation under various State and Central Laws should be brought in harmony with the provisions of the L.A. Act, 1894, as amended in 1984.

* Most of the states have made legislative provisions for protection of the tribal land, which have become saleable only within specified social groups. Since the registration price is taken as the basis for determination of the market value of land, it can not form a true index of the same in light of the limited character of the transactions. State Government should fix existing land price in the nearest command area of developed irrigation projects, which should be the basis of calculation for compensation in case of tribals.

Organization of Displaced Persons

* The displaced persons should be encouraged to organize themselves giving due representation to all sections. These representatives should be elected periodically, mode of which may be determined by the State Government.

* An implementation group, consisting of representatives of the management, displaced persons, local administration, voluntary action groups, etc. should be formed. In case of defense projects the implementation group may be formed by the Project Authorities in consultation with the State Government.

* This body should be responsible for formulation of the rehabilitation plan as well as for its implementation. It should meet periodically to discharge these functions.

Land for Land Basis

Land for land on one to one basis would have been the ideal solution for displaced persons. It may not, however always be feasible. A major part of the corpus of government land already stands distributed. Acquisition of land for this purpose would mean further displacement. Hence, the Implementation Committee should provide land to such displaced persons, who have been exclusively dependent upon agriculture on a proportionate basis, to the extent feasible, with preference to the Scheduled Castes (SC) and Scheduled Tribes (ST) and other weaker sections of the society.

It shall be for the respective State Government to determine as to whether land for land is to be given and in what proportions. However, the State Government may consider allotting land to the extent of one hectare (2.5 acres) in irrigated land and double of that (5.0 acres) in un-irrigated areas.

The following category of displaced persons should also be provided land on displacement.

# Persons who have cleared the forest and have been cultivating the land within the forest areas.

# Persons cultivating land belonging to other landholders in the capacity of tenants or of the government who have not been brought into the records-of-rights.

# Landless tribals and encroachers belonging to the SC and ST.

The maximum limit for landholding should be governed by the ceiling limits for the particular lands as existing in the region of resettlement or as provided by the State Government. The agricultural land allotted should be such as is ready for cultivation and, if not, the cost of land development must be borne by the project authorities. Supply of agricultural inputs should be made available free of cost to the tribal oustees for the first year and on loan basis for the subsequent two years. Land to be allotted for agriculture or residential purpose should be free from encumbrances.

Other Important Provisions

* Resettlement Grant - A fixed sum to be paid as resettlement grant to every displaced family in addition to free house plot. Where no land or employment has been provided a subsistence allowance on a monthly basis is to be paid for a period of 20 years or till alternative employment has been found.

* Job Planning - A thorough advanced job planning would be necessary for absorption of displaced manpower and this should be completed before the start of land acquisition process. Income generation schemes need to be formulated with reference to profile of affected community. Unskilled and semi-skilled jobs need to be reserved for displaced families. The idea is to ensure resettlement of the displaced families.

* Employment in Collateral Sectors - The Implementation Committee should set up an Employment Cell and help the eligible displaced persons in finding jobs. The Employment Cell, for this matter, will have a role akin to that of Employment Exchange of the Government.

* Technical Education and Training to be provided for self-employment.

* Formation of co-operative societies of displaced persons should be encouraged to help them organize for resettlement.

* Management of acquisition fund provided to the oustees needs to be taken care of so that the money is not wasted.

* Civic Amenities of a minimum nature need to be provided so that the basic needs of the displaced populations are met.