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Summary
 53

NATIONAL LAW UNIVERSITY ODISHA

CUTTACK

PROJECT I

TOPIC: Illegal Mica Mining in India And Its Impact

On Child Labour

20
B.A.L.LB 2020-2025
SEMESTER VII

SUBMITTED BY: PRESENTED TO:

VAIBHAV KASHYAP (20BA113) (Dr.) Ms. NIKITA PATTAJOSHI
PRIYADARSHINI GOENKA (20BA070)
 35
TABLE OF CONTENT

TABLE OF CONTENT ......................................................................................................... 2

(I) INTRODUCTION ............................................................................................................. 3
(II) ILLEGAL MINING: MEANING & JUDICIAL UNDERSTANDING ..................... 3
(A) Meaning .......................................................................................................................... 3
(B) Statutory Provisions ....................................................................................................... 4
(C) Judicial Development .................................................................................................... 5
(III) MICA INDUSTRY IN INDIA ....................................................................................... 8
(A) What is Mica ................................................................................................................... 8
(B) Uses Of Mica as A Mineral ....................................................................................... 8
(C) Supply Chain of Mica Industry ................................................................................. 8
(IV) CHILD LABOUR IN MICA INDUSTRY .................................................................... 9
(A) A Means of Familial Support ........................................................................................ 9
(B) The Toll of Mica Mining on Children ........................................................................ 10
CASE STUDY: JHARKHAND ............................................................................................. 11
CONCLUSION & SUGGESTIONS .................................................................................... 13
(A) Reform in Labour & Child Laws ................................................................................ 13
(B) Change in policy by the Central & State Government .............................................. 13
(C) Reforms needed by Stakeholders................................................................................ 13
(a) Media ........................................................................................................................ 13
(b) Local Community .................................................................................................... 14
(c) Corporations .............................................................................................................. 14
(d) International Organizations & NGOs .................................................................... 14
 (I) INTRODUCTION
23
Mining is an important function of the economy and helps in the production of several essential
minerals for the production of various goods and services. Every country is proud of their mineral
resources. The significance of minerals can be understood from the boom which many middle
eastern economies experienced with the discovery of oil reserves in the region. India is also
bestowed with enormous mineral wealth in the form of coal, Iron ore, manganese, mica as well as
offshore mineral resources in the form of oil and natural gases.

The mining industry as well as the mineral resources of the country are subject to various
regulations and laws. Natural resources are the wealth of a nation and used be used in a sustainable
44
fashion for the present as well as the future generations. Moreover, ethical mining is an important
factor that should be taken into consideration by the governments around the world. Therefore,
the mining laws of the country directly as well as indirectly regulate the illegality of the mining
operation of the country1.

The “illegal mining” has not been statutorily defined2. Nevertheless, it encompasses all the
different aspects of the mining operations which are not authorized by the mining companies. It
means any mining activity which is not in consonance with the MMDR Act or the Indian Forest
Act or similar enactments. It is to be noted that issues like non-clearance of environment permit3
would also fall in the category of illegal mining4.

Nevertheless, this piece covers illegality of mining operations vis-à-vis the violation of Child
45
Labour laws of the country. This is especially prevalent in the Mica industry where the children are
forced to work in the Mica mines compromising their own growth and development. Mica is a
mineral which is used extensively in the cosmetic industry of the country. Nevertheless, the people
of the Koderma region of the state of Jharkhand have been involved in the process of illegal
mining from the time mining was banned in the region due to environment concerns. Lastly, we
analyse the different statutory provisions and the social angle of the mica mining to suggest the
required changes in the mining operations of the country.

(II) ILLEGAL MINING: MEANING & JUDICIAL UNDERSTANDING

(A) Meaning
In simple terms, the word “illegal” mining means the extraction of mineral from the earth without
the authority of law. The term has not been formally defined under any of the major legislations
14
like the Mines Act 1952 or the MMDR Act. The only available definition can be found under the
Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 20165. Here
15
the term “illegal mining” has been defined as the any reconnaissance or prospecting or mining
operation undertaken by any person or a company in any area without holding a mineral

6
1
Lahiri-Dutt K, ‘Illegal Coal Mining in Eastern India: Rethinking Legitimacy and Limits of Justice’ (2007) 42
Economic and28Political Weekly 57
2
Sarma Eas, ‘Lack of Clarity and Vision in New Mines and Minerals Act’ (2015) 50 Economic and Political
Weekly 16 22
3
Jariwala CM, ‘Mining And Environment: Indian Law Scenario’ (1995) 37 Journal Of The Indian Law Institute
431
9
4
Majaw B, ‘Ending Meghalaya’s “Deadly Occupation”: India’s National Green Tribunal’s Ban on Rat-Hole
Mining’ (2016)14
49 Verfassung und Recht in Übersee / Law and Politics in Africa, Asia and Latin America 34
5
Section 2(c), Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016.
 concession as required under sub-section (1) of section 4. Nevertheless, this is a narrow conception
of the ambit of “illegal mining”. A more robust and working definition can be found under the
Notification of appointment of Justice Shah Commission on illegal mining6. Here, the term of
reference for the commission noted the meaning of illegal mining as involving mining with a
license or outside the lease area or raising of mineral without lawful authority. It also involves
1
mining without taking appropriate approvals of the State Government or the non-payment of
royalty according to the grade and type of the mineral extracted. The wide ambit of the term also
3
meant that it included any act to conceal the lease area by tampering with land records and
obliteration of inter–State boundaries or forging or misusing valid transportation permits or
3
conducting of multiple trade transactions to obfuscate the origin and source of minerals among
others.

(B) Statutory Provisions

Even though the term “illegal mining” has not been statutorily defined, yet there are many
references in these provisions to what might constitute illegal mining. After the 2021 Amendment
to the MMDR Act, the term “without lawful authority” was explained through an explanation
inserted under Section 21 of the MMDR Act7. This explanation clarified the scope of “without
4
lawful authority” to include the act of raising, transporting, or causing to raise or transport any
mineral by a person without prospecting licence, mining lease, composite licence, or in violation
of Section 23(c8).

Similarly, under Section 23(c) the State Governments have been granted extensive rule making
power to regulate various aspects of the mining operations. One of the domains where the State
4
Government has been mandated to make rules around curbing illegal mining, transportation, and
storage of illegally mined minerals. Consequent to the same, around 21 State Governments have
framed rules regulating the illegal mining of minerals from their state. These rules broadly provide
for the mechanism to prevent and punish any illegal mining of minerals in the states. It provides
for the manner of application for a storage license, online selling of minerals, manner of
transportation and provisions with respect to checking of trucks for illegal minerals among others.
23 4
Another statutory provision in the context of illegal mining can be found under the provisions of
3
the Mineral Conservation and Development Rules, 20179. Here, the Indian Bureau of Mines has
been mandated to perform inspections of the mining area and report any violations of the mining
laws to the Central Government. Consequent to the inspection, any violation is grouped either as
4
a “Serious” or “Less Serious” offence. Offences like non-submission of Review of Mining Plan or
failure to submit information attracts the penalty of serious offence while offences like non-timely
submission prospecting report or geological report are termed as less serious offence. Indian
Bureau of Mines issues “violation letters” in case of any violation which if not rectified leads to
the launch of persecution. The IBM can also suspend the mining operations if the violations are

30
6
33
Justice Shah Commission Injury Report on Illegal Mining
7
25
State of NCT of Delhi vs Sanjay (2014) 9 SCC 772.
8
Rajendran S, ‘Illegal Mining, Impatient Mafia and Ill-Treated Administrators’ (2013) 48 Economic and Political
Weekly 19
16
9
Amit vs State of Haryana 2019 SCC OnLine P&H 7325 :(2020) 2 RCR (Civil) 419
of a severe nature.

(C) Judicial Development

The judicial overview of the “illegal” mining activities in the various states have contributed greatly
to the development of jurisprudence surrounding “illegal mining”. This issue has also required the
judiciary to step in, mainly the Indian Supreme Court, which has ordered mining firms to correct
their path. In addition to charging mining corporations’ compensation or stopping mining and
associated operations, the judiciary decisions have also led to some significant policy changes,
18
including the 2015 amendment to the Mines and Minerals (Development and Regulation) Act, the
52
1986 Environment (Protection) Act's Environmental Impact Assessment Notification, and the
54
2019 creation of a new National Mineral Policy.
18
One of the earliest decisions by the Supreme Court banning illegal mining activities in the Iron
29
Ore Mines of Karnataka came in the case of Samaj Parivartana Samudaya and Ors. Vs. State
of Karnataka and Ors10. In this case, there was rampant violations of the governance standard
related to environment pollution by the concessionaires and others. The Lokayukta appointed for
the probe into the matter highlighted several irregularities in the mining activity in the area11. The
court also found illegality in the high profit margin of the various companies in the area due to
high international prices of Iron Ores. There were reports that corruption was rampant throughout
all government departments, whether they had any direct or indirect connection to mining. In
exchange for bribery, state authorities gave fictitious licences to support unlawful mining.
Considering the severeness of the matter, the court imposed complete ban on mining activities in
two districts of the state. It noted while imposing the fine that the rationale behind the decision
1
was taken “on account of over-exploitation, considerable damage has been done to the
environment. We are taking a holistic view of the matter. We have suspended these
operations keeping in mind the precautionary principle, which is the essence of Article 21
of the Constitution”. This ban was only removed after the cessation of illegal mining activity and
the mining activities commenced only around 2014.
3
The main issues surrounding mining irregularities related to the extraction of iron and manganese
ore in India is the Goa mining case12 13. These issues first arose after an investigation and findings
1
by the federal government's special panel, the Shah panel. Following the introduction of the Shah
Commission report on Goa mining in Parliament, the state government temporarily halted mining
operations14. During the same month, all 139 mines in Goa had their environmental clearances
3
suspended by the Union Ministry of Environment and Forests (MoEF). The Supreme Court ruled
1
in October of that year in the case of Goa Foundation Vs. Union of India (UOI) and Ors.15
30
that leases with irregularities found by the Shah Commission were invalid. The Court requested

10
1
Samaj Parivartana Samudaya and Ors. Vs. State of Karnataka and Ors (2017) 10 TR 1657.
11
Vasavi Ar, ‘Beyond Corruption in Mining: A Derailed Democracy (2011) 46 Economic and Political Weekly
146
12
Basu R, ‘Catastrophic Failure of Public Trust in Mining: Case Study of Goa’ (2015) 50 Economic and Political
Weekly 44.
13
Basu R, ‘Mining in Goa: Beyond Forest Issues’ (2012) 47 Economic and Political Weekly 77
14
26
Basu R, ‘NCAER on Mining in Goa: Inconvenient Truths’ (2012) 47 Economic and Political Weekly 73
15
Goa Foundation Vs. Union of India (UOI) and Ors (2014) 6 SCC 590.
that the case be looked at by its centrally empowered committee (CEC). These directives caused
1
mining operations to be suspended. In the above case, the main source of illegality stemmed from
the illegal extraction and selling of iron ore remains from overburdens dumped outside the lease
areas. Also, there were mining activities being undertaken without a proper permit from the State
Government. The court also found widespread corruption in the government departments of the
State. Nevertheless, the ban was uplifted considering the economic impact on the local population.
But at the same time, the court in this case highlighted the various loopholes in the Mining Rules
of the State among other irregulates which prompted the government to reassess its mining
regulations.
10
The illegal mining activities of the state of Goa came to the fore again due to non-compliance of
10
the Supreme Court orders in the Goa Foundation Case. In the case of Goa Foundation Versus
M/s Sesa Sterlite Ltd. & Ors16, the Supreme Court reprimanded the State Government as well
3
as the Ministry of Environment on its lax attitude towards the renewal of the mining leases and
environment clearances. The State Government violated the order by not considering all the
mining leases afresh and rather renewing the same licences to the same people. Again, the court
was forced to stop the mining activities. It directed the state to review all the licenses afresh and
investigate the loss of royalty to the state due to illegal mining activities and collect the lost revenue
from the stakeholders.

The violation of the tribal rights and consequent illegal mining happening in the State of Meghalaya
47
was brough to the attention of the Supreme Court in the case of State of Meghalaya v. All
Dimasa Student Union17. In this case, the court found that there was blatant violation of the
environment clearance. Also, the tribal right violation and consequent illegality was also delt with
under this judgment. The court found rampant rat-hole mining operations by the locals in the
Jaintia Hills of the state18. This was held to be illegal and unscientific mining by the National Green
10
Tribunal which was appealed before the Supreme Court in this case. The court held that there was
nothing under the provision of Section 4 (1) which indicated the non-applicability of the provision
to tribal areas even when the same was being done on community or private land in the Hills. The
court also directed the State Government to ensure that appropriate compliance of the mining
regulations is undertaken by the state and directed the establishment of “Meghalaya Environment
Protection and Restoration Fund”.
40
Another instance of the court stepping in to stop small scale illegal mining was in the case of
Deepak Kumar etc. vs State of Haryana & Ors19. Here the court was faced with the situation
19
were a large number of small mining leases of less than 5 hectares were granted without the
Environment Impact Assessment or any other assessment being undertaken by the State
Government. Nevertheless, even though the EIA didn’t mandate environmental impact
assessment for such small piece of land, it held that the state government was under the obligation
to undertake the exercise considering that the cumulative impact of the mining activity might be

1
16
34
Goa Foundation Versus M/s Sesa Sterlite Ltd. & Ors AIR Online 2018 SC 580.
17
State of Meghalaya v. All Dimasa Student Union 2019 (8) SCC 177.
24
18
Majaw B, ‘Meghalaya – Small But Not So Beautiful’ (2014) 18 World Affairs: The Journal of International
Issues
36
126
19
Deepak Kumar etc. vs State of Haryana & Ors 2012 (4) SCC 629.
extra-ordinary20.

20 27
Centre for Science and Environment, ‘Briefing Paper’: (Centre for Science and Environment 2013)
<http://www.jstor.org/stable/resrep37856> accessed 16 March 2024
 (III) MICA INDUSTRY IN INDIA

(A) What is Mica

17
Mica has been identified as a naturally occurring mineral that mainly belongs to the essential group
of silicate minerals. It is known for its distinctive physical traits, such as flexibility, resilience, and
heat resistance. This mineral is typically found in a clear crystalline form, forming thin, sheet-like
structures which in turn can be conveniently separated into transparent or translucent layers. These
individual layers are often referred to as ‘books’ due to their resemblance to the papers of a book.
Mica presents in various hues like white, green, yellow, and brown, and its shiny appearance makes
it highly desired across multiple industries, including electronics, cosmetics, construction, and
automotive sectors. Its capacity to withstand heat, electricity, and chemicals, coupled with its
insulating properties, makes it vital in producing electrical components like capacitors and
insulators, as well as in making paints, plastics, and cosmetics.

(B) Uses Of Mica as A Mineral

2
One of the principal uses of finely ground mica is in gypsum wallboard joint compound. Here, it
2
serves a dual purpose. Firstly, it acts as both a filler and extender, enhancing the compound's
smoothness and making it easier to work with. Additionally, it helps prevent cracking, ensuring a
2
more durable finish. In the paint industry, ground mica is utilized as an extender to aid paint
suspension. Its unique properties including light weight and platy morphology help maintain
consistency and reduce issues like checking and chalking. This, in turn, eliminates the risk of paint
film shrinkage and tearing, while also improving resistance to water and weather damage.
Furthermore, it enhances the vibrancy of colored pigments. Another application of mica is in the
well-drilling industry, where it is added to drilling muds to improve their performance. 21

Ground mica is used as a prime mineral in the plastic industry. Here, it serves multiple functions.
2
It acts both as an extender and filler, while also serving as a reinforcing agent as well. Similarly, in
2
the rubber industry, mica is hugely utilized as an inert filler and as a lubricant in the production of
molded rubber goods, such as tiers.

The electrical and electronic industries are the main users of sheet mica. Its primary applications
2
include; electrical insulators in electronic devices, thermal insulation, acting as gauge “glass” and
windows in stoves and kerosene heaters, dielectrics in capacitors, decorative panels in lamps and
windows, insulation for field coils in electric motors and generators and insulation for magnet and
commutator cores.

(C) Supply Chain of Mica Industry

The mica industry’s supply chain is made up of an intricate web of activities involved in the
extraction, processing, and distribution of mica products across various sectors. Comprehending

21 31
‘Mica’ (Minerals Education Coalition) <https://mineralseducationcoalition.org/minerals-database/mica/>
accessed 16 March 2024.
 the intricacies of the mica industry and tackling issues pertaining to sustainability, ethical sourcing,
and market demand necessitates an understanding of this supply chain.
51
The process of extracting mica from natural deposits, which mostly take place in areas rich in mica
minerals like China, India, and numerous African nations, is the first step in the supply chain. Mica
mining includes both legal and illicit activities; informal mining is frequently linked to
environmental damage and worker exploitation. At the mining areas, extracted mica undergoes
initial processing to remove the last bit of impurities and grade it according to size and quality.
After being extracted and initially processed, mica undergoes transportation to processing facilities
where additional refinement occurs. The processing techniques employed vary based on the
intended use of mica products. Mica used in cosmetics, for example, must go through further
purification to meet stringent quality standards, whereas mica used in industrial applications might
undergo grinding, crushing, and sorting procedures to reach precise particle sizes and qualities.
Once the initial processing takes place, mica products are distributed to end-users in different
industries through various channels. The main users of mica products include manufacturers of
electrical components, electronics, cosmetics, paints, plastics, and construction materials.
Wholesalers, distributors, and direct sales to manufacturers are examples of distribution channels.
International trade plays a crucial role in promoting the supply of mica products in the international
marketplace.
In addition, there is pressure on the mica industry to implement sustainable methods in order to
lessen the negative environmental effects of mining and processing. Concerns about the
environment include loss of biodiversity, soil erosion, water pollution, and habitat degradation.
Sustainable mining practices, rehabilitation of mined areas, and adoption of eco-friendly
processing technologies are essential for minimizing the ecological footprint of the mica industry.

(IV) CHILD LABOUR IN MICA INDUSTRY

(A) A Means of Familial Support

32
The National Commission for Protection of Child Rights (NCPCR) conducted a survey wherein
5
it was found that over 22,000 children were working as child labourers in the Jharkhand and Bihar
5
mica mining regions. In the same report, NCPCR carefully observed that a major section of
children working in the mica mining areas have been denied equal opportunities and have taken
5
up labour as the only means to sustain their livelihoods. The districts of Koderma and Giridh in
Jharkhand and Nawada district in Bihar were the prime sites of the government survey. The survey
5
made a shocking revelation that around 4,545 children in the age group of six to fourteen years in
the Jharkhand district have stopped attending school altogether. 22The sole reasons for not
attending the initial years of schooling include a consistent lack of aspiration for the future, loss of

13
22
‘5,000 Children Abandon Studies to Work in Mica Mines of Jharkhand, Bihar’
<https://thewire.in/education/5000-children-abandon-studies-to-work-in-mica-mines-of-jharkhand-bihar>
accessed 16 March 2024.
interest, and also the increasing demand for collecting mica scarps, which was recorded by the
survey.

Till today a social issue like child labour is conducted in secrecy and unlawfully, which makes it
equally evident that the precise number of children involved in these hazardous activities remains
unclear and unresolved. The inherent process of extracting mica is quite perilous as it requires
accessing narrow tunnels and caves, small children are more capable and better suited for this task
compared to adults. Families struggling with financial distress leave no chance to generate revenue,
8
which exacerbates the prevailing issue. However, the children who work in these mines barely
make fifty rupees a day, a pitiful wage compared to wholesalers who make substantial profits,
8
earning over a thousand US dollars for just a kilogram of premium quality mica. This massive
42
disparity highlights the seriousness of the human rights violations and exploitation that mostly
occur in the mines.
It has been a generation-long commitment for families, especially in the two prime districts of
Jharkhand have largely relied on the gathering and trade of mica- a luminous, crystalline mineral
prized for its transparency, enhancing both cosmetics and automotive products.
(B) The Toll of Mica Mining on Children
8
There are serious threats to children’s health and safety associated with illegal mica mining. Long-
term dust exposure can cause respiratory diseases, while prolonged digging of soil without proper
protection significantly raises the risk of skin injuries and injuries. Furthermore, the lives of the
children involved are constantly under menace due to the regular collapses of mines.
In instances of mining shaft collapses, children can get stuck under the debris. In the absence of
supervision, prompt aid is frequently unavailable in the mines. The families of these little children
live in perpetual dread of losing them, and due to the lack of proper regulation in mica mining,
they are ineligible to receive any form of due compensation in the event of an accident.
Furthermore, the absence of systematic regulatory oversight in illegal mining leaves children
vulnerable to the horrors of sexual and physical abuse, along with the looming threat of human
trafficking. 23The hazards of illegal mica mining aren’t just restricted to the children, but also to all
those residents residing near the mines are equally cognizant of the dangers involved, yet the
absence of viable alternative means of livelihood renders illicit mining the most preferable to
unemployment. However, growing up in a mica mining environment deprives each child of their
blissful childhood and limits their chances of finding work in the future by preventing them from
attending school.

12
23
Katarzyna Rybarczyk, ‘Child Labour in Mica Mines: The Beauty Industry’s Dark Secret’ (FairPlanet)
<https://www.fairplanet.org/story/child-labour-in-mica-mines-the-beauty-industrys-dark-secret/> accessed 16
March 2024.
 CASE STUDY: GIRIDIH & KODERMA

Jharkhand is rich in mineral resources including mica. Koderma and Giridih are the district leading
55
in the production of Mica in India. In fact, Koderma, a Naxal hit area is called the Mica Capital of
India. These mid-size town have population of approximately 8 and 24 lakhs respectively. And
over half of the population of Koderma is involved in some or the other form in the Mica industry
37
of the district. The area is covered by dense forest which are covered under the Forest
Conservation Act of 1980. Most of the population in the area is illiterate and there is no means of
subsisting livelihood except agriculture and mica mining24.
38
The mining in the area was once legal. But with the passage of the Forest Conservation Act, the
mining in the area became illegal. While large corporations and industries vanished, the middlemen
and locals took over the mining activity. They mined the minerals from the leftover mines and
sold the mineral to these middlemen at low price. The poverty in the area is an important factor
that has propelled families and children to mines Mica using rudimentary tools. Another factor
41
responsible for child labour in the Mica Mines is the absence of up and running government
schools in the villages. The Covid-19 pandemic is another reason for the rampant increase in the
8
Child labour in the mines. According to reports by Guardian, around 20 thousand children work
in the Mica Mines of Jharkhand. And several deaths caused due to the Mica mining by infants have
been reported25. The Mica mining has also affected the heath of the children in the area to a great
extent.

To prevent the menace of the illegal mining in Jharkhand, the government proposed to legalize
the mining activity to sell the mines through auction to industries. This according to the
government would help generate legit income for the residents of the Mica districts. At the same
time, the auctioned mines would deny access to the children. This would help in reducing the
menace of Child Labour. Nevertheless, there are concerns that the step might in fact backfire.
17
Because the illegal mica mining was the main source of livelihood for the families, the children
along with the family might be forced to work more as their income dries up26. Moreover, to
assume that the middlemen would be completely irradicated would be an incorrect fantasy. Lastly,
there is nothing to assure us that the concessionaires would not employ child labours. Cheap labour
might propel these corporations to employ child labours27.

The government of Jharkhand has also formulated the “Illegal Mining” rules for the state which
provide the various nuances of the mining operations which are not legal in nature28. The rules
provide for various registrations that lease-holders must mandatorily undertake as well as
provisions with regard to search and seizures of trucks and other vehicles used for the
transportation of minerals. It also provides for the custody of the seized item as well as the
penalties levied on the confiscation of the goods.

16
24
Aarushi G and Anwesha Das, ‘An Assessment of Illegal Mica Mining in Jharkhand’ 4 International Journal of
Law, Management & Humanities
16
1344
25
Katharina
7
Debring, ‘Exploitation of Children in Mica Mining in India’ (terre des hommes Help for Children in
Need 2022) https://www.tdh.de/fileadmin/user_upload/inhalte/04_Was_wir_tun/Themen/Kinderarbeit /Mica/
2022-06_Exploitation-of-Children-in-Mica-Mining.pdf
7
26
Bhalla N, ‘Deaths of Child
11
Workers in India’s Mica “Ghost” Mines Covered Up to Keep Industry Alive’
27
P. Nagasayee Malathy, ‘CASE STUDY on Child Friendly Village (Bal MItra Gram) – BMG’ (Bain & Company
for Kailash Satyarthi Children’s Foundation) https://satyarthi.org.in/wp-content/uploads/2020/07/Mica-BMG-
Case-Study.pdf
21
accessed 16 March 2024
28
Ajitha Susan George, ‘Laws Related to Mining in Jharkhand’ (2005) 40 Economic and Political Weekly 4455
1
The Shah Commission on the Illegal mining activities in the Jharkhand region has pointed out
3
certain measures that should be taken to prevent the illegal mining operations in the State. The
recommendations of the commission can be useful for the prevention of the mining operations in
the State.
 CONCLUSION & SUGGESTIONS

(A) Reform in Labour & Child Laws

The various surveys conducted at the grassroots level bring out the gruesome reality regarding
frequent instances of child labour across the different mica mining regions. In light of the prevalent
situation, it becomes imperative to urgently address reforms in labour and child laws. Firstly,
stringent enforcement measures should be coupled with necessary amendments to all the existing
39
labour laws to help address the issue of the exploitation of child workers in the major mining areas.
In any case wherein any employer is found employing children in a hazardous work setting should
be imposed with rigorous penalties, and the same shall act as a deterrence for all future instances.
Moreover, the need of the hour is to set up a regulatory framework that would mandate properly
scheduled inspection and monitoring recourses in every mica mining sector to effectively identify
and prevent instances of child labour.
46
The children working in the mining areas are deprived of their fundamental rights and
opportunities. Hence, the state needs to enact proper legislative provisions that mandate the right
to education and alternative employment opportunities for every child employed to help them
break the shackles of poverty. Collective efforts must take place at all three levels- governmental
bodies, non-governmental organizations, and local-level communities to deal with this social evil.

(B) Change in policy by the Central & State Government

43
To adequately address the prevailing issue of child labour in the major mica mining areas,
substantive efforts must be made at both the Central and State levels. The most fundamental
course of action should be to enact proper reforms in areas of labour and child welfare which
would ultimately help tackle the root cause of child labour. This means amending the existing legal
framework is not enough in itself, which means implementing new policies at a parallel pace is
crucial to address the challenges faced by minor children. Furthermore, at the time of drafting the
policies fundamental rights to education, healthcare, and a safe environment should be kept at
paramount consideration. The well-being of the child’s family should also be kept on an equal
pedestal while ensuring access to alternative sources of livelihood for the family members to help
sustain themselves.

(C) Reforms needed by Stakeholders

At the national level, stakeholders are the only individuals who have the potential to bring about
practical changes at all levels. This means stakeholders at all levels, be it the policymakers, local
level organizations working on the societal issues and bigger players of the market like the industry
stakeholders have to all come together under the same umbrella to sit and deliberate on the main
causes of child labour and accordingly come up with holistic efforts to bring about a change.

(a) Media
48
Media plays a crucial role in every civilized society. The inherent role of media in addressing
the social issue of child labour in the major mining areas should be taken into consideration.
One way of generating awareness among the masses and policymakers would only be possible
if the media sources shone the spotlight on the existing issue of child labour. Media should
make proper use of documentaries, authentic news reports, and investigative journalism to
bring the general public to come to terms with the harsh reality of the child laborers engaged
day and night in hazardous work settings, for a meagre amount. Furthermore, the media can
provide a real-time discussion platform thereby inviting representation from the general public,
stakeholders, and local-level authorities to bring about a fruitful change. By making the
maximum use of their storytelling power play and visual imagery that have the potential to
evoke empathy and inspiration among both the mobilized individuals and organizations to
contribute equally to the fight against child labor.

(b) Local Community

The most crucial engagement should be initiated at the local level to address the problem of
child labour. Prima facie the local communities should be empowered to claim due ownership
of the issue through the portrayal of the importance of education and awareness campaigns to
help instil a sense of collective responsibility on these players. Meanwhile, they should also be
50
made knowledgeable on providing alternative sources of revenue prospects and the
49
importance of schooling to the child labourers to encourage them to break through the cycle
of poverty and helplessness.

(c) Corporations
Corporations are well recognized for prioritizing ethical sourcing practices and commitment
to ensuring supply chain transparency to help reduce cases of child labour. The real-time need
is to undertake stringent monitoring protocols and support community-level initiatives.
Corporations carry forward a legacy to uphold corporate social responsibility thereby
contributing to the elimination of exploitative labour practices.

(d) International Organizations & NGOs

Collaborative efforts on the part of the international organizations with the various NGOs are
considered an important aspect in battling child labour in the mining world. Collecting efforts
from both the above stakeholders would help ensure the effective allocation of resources, and
bring in the required expertise and advocacy skill dealings on a global scale. Escalating the
above efforts into real-time gameplay would require partnering with locally operating
communities and government bodies, international organizations, and NGOs. In addition,
each of the key operators can help leverage their individual influence to push for major policy
enactments and better safeguard existing regulations.
 Similarity Report

21% Overall Similarity

Top sources found in the following databases:
16% Internet database 3% Publications database
Crossref database Crossref Posted Content database
17% Submitted Works database

TOP SOURCES
The sources with the highest number of matches within the submission. Overlapping sources will not be
displayed.

brookings.edu
1 2%
Internet

mineralseducationcoalition.org
2 1%
Internet

archive.org
3 1%
Internet

mines.gov.in
4 <1%
Internet

thewire.in
5 <1%
Internet

dlnluassam.ndl.iitkgp.ac.in
6 <1%
Internet

lebasic.com
7 <1%
Internet

fairplanet.org
8 <1%
Internet

Sources overview
 Similarity Report

Baniateilang Majaw. "Indo-Bangladesh borderland issues in Meghalaya...

9 <1%
Crossref

National Law University New Delhi on 2022-05-25

10 <1%
Submitted works

KDU College Sdn Bhd on 2021-04-09

11 <1%
Submitted works

Kaplan College on 2024-01-16

12 <1%
Submitted works

caclindia.org
13 <1%
Internet

bareactslive.com
14 <1%
Internet

The WB National University of Juridical Sciences on 2015-04-08

15 <1%
Submitted works

University of Technology, Sydney on 2023-05-28

16 <1%
Submitted works

University of Technology, Sydney on 2023-11-12

17 <1%
Submitted works

cseindia.org
18 <1%
Internet

latestlaws.com
19 <1%
Internet

National Law University, Orissa on 2021-04-24

20 <1%
Submitted works

Sources overview
 Similarity Report

National Law University New Delhi on 2018-04-28

21 <1%
Submitted works

The WB National University of Juridical Sciences on 2022-10-21

22 <1%
Submitted works

Uttaranchal University, Dehradun on 2023-07-06

23 <1%
Submitted works

annalsofrscb.ro
24 <1%
Internet

North Hills Preparatory on 2020-02-08

25 <1%
Submitted works

NALSAR University of Law Hyderabad on 2019-06-20

26 <1%
Submitted works

Nanavati, Devang Sanatkumar. "Ecocritical Reading of the Selected Wri...

27 <1%
Publication

National Law School of India University, Bangalore on 2021-04-10

28 <1%
Submitted works

National Law University New Delhi on 2014-05-19

29 <1%
Submitted works

Ambedkar University Delhi on 2019-05-08

30 <1%
Submitted works

Broward Community College on 2017-09-17

31 <1%
Submitted works

epaper.indiatimes.com
32 <1%
Internet

Sources overview
 Similarity Report

NALSAR University of Law Hyderabad on 2018-06-17

33 <1%
Submitted works

National Law University New Delhi on 2023-03-20

34 <1%
Submitted works

businessdocbox.com
35 <1%
Internet

tourism.rajasthan.gov.in
36 <1%
Internet

Columbia University on 2019-12-15

37 <1%
Submitted works

Island School on 2023-04-29

38 <1%
Submitted works

Shanghai American School on 2019-08-26

39 <1%
Submitted works

cpcb.nic.in
40 <1%
Internet

Mary MacKillop College on 2021-11-05

41 <1%
Submitted works

Nanyang Technological University on 2023-12-05

42 <1%
Submitted works

National University of Singapore on 2020-10-18

43 <1%
Submitted works

Tamil Nadu National Law University on 2023-03-16

44 <1%
Submitted works

Sources overview
 Similarity Report

Tesoro High School on 2022-02-23

45 <1%
Submitted works

University of Wisconsin System on 2021-09-23

46 <1%
Submitted works

indiankanoon.org
47 <1%
Internet

Mary MacKillop College on 2023-11-21

48 <1%
Submitted works

Rutgers University, New Brunswick on 2019-12-05

49 <1%
Submitted works

nluassam.ac.in
50 <1%
Internet

quieora.ink
51 <1%
Internet

Indian School of Mines on 2023-06-02

52 <1%
Submitted works

National Law University, Orissa on 2023-04-10

53 <1%
Submitted works

Uttaranchal University, Dehradun on 2022-07-15

54 <1%
Submitted works

iGroup on 2023-06-06
55 <1%
Submitted works

Sources overview