ENVIRONMENT, HUMAN RIGHTS AND DEMOCRACY UNDER THREATDIRTY COAL’S ENERGYILLUSIONWHAT INDIA DOESN’T LEARN FROM ITS LESSONS

Dr. Subash Mohapatra
Executive Director, Global Human Rights Communications

History of repression, slavery andcorruption

242 years: Commercial coal mining in India started in 1774 by M/s Sumner andHeatly of East India Company in the Raniganj Coalfield along the Western bank ofriver Damodar
The British forced locals and indigenous peoples to work for free, enslaved themHaving unholy nexus with East India Company, the local Kings provided many slaves
as “offerings” to their British master.
On 23 June 1757, the English East India Company defeated Siraj-ud-Daula, theNawab of Bengal, in the Battle of Plassey. The British thus became masters of east
India (Bengal, Bihar, Orissa). A large amount of children are being forced intolabour due to the increasing need of cheap labour to produce large numbers ofgoods.
Millions of people are forced to work for “Bethhi” ( Bethi- free labour for master)
After India became independent (1947), the new government formed the National
Coal Development Corporation in 1956 (as a Government of India undertaking).

History ...Contd...
Along with the Singareni Collieries Company Ltd. (SCCL) which was already inoperation since 1945 and which became a Government company under the controlof Government of Andhra Pradesh in 1956, India thus had two Government coalcompanies in the fifties
The nationalization was done in two phases, the first with the coking coal mines in
1971-72 and then with the non-coking coal mines in 1973. In October 1971, theCoking Coal Mines (Emergency Provisions) Act, 1971 provided for taking over inpublic interest of the management of coking coal mines and coke oven plants
pending nationalization.
Another enactment, namely the Coal Mines (Taking Over of Management) Act,
1973, extended the right of the Government of India to take over the managementof the coking and non-coking coal mines in seven States including the coking coalmines taken over in 1971. This was followed by the nationalization of all thesemines on May 1, 1973 with the enactment of the Coal Mines (Nationalization) Act,
1973 which now is the piece of Central legislation determining the eligibility of coalmining in India

History...Contd...
All non-coking coal mines were nationalized in 1973 and placed under Coal Mines
Authority of India. In 1975, Eastern Coalfields Limited, a subsidiary of Coal India
Limited, was formed
Coal allocation scam (or Coalgate) is a major political scandal concerning the Indian
government's allocation of the nation's coal deposits to public sector entities (PSEs)
and private companies. In a draft report issued in March 2014, the Comptroller
and Auditor General of India (CAG) office accused the Government of India of
allocating coal blocks in an inefficient manner during the period 2004–2009.
Ruling political parties got donation for elections under electoral trust formed bycompanies, majorities are from coal sector.
Coal reserve in India is one of the largest in the world. As on April 1, 2012, India
had 293.5 billion metric tons (323.5 billion short tons) of the resource. As on 2011,
India ranked 3rd in world coal production. The energy derived from coal in India isabout twice that of energy derived from oil, whereas worldwide, energy derived
from coal is about 30% less than energy derived from oil.

India’s Forest Depletion
Between April 2014 and 2016, the Union ministry forenvironment, forest and climate change (MoEFCC) diverted
34,620 hectares of forest land, granting them final clearances,also known as stage-II clearance while diversion of 40,476
hectares will soon happen once the ministry grants them finalclearance, environment minister Prakash Javadekar informed
the Parliament. The ministry has approved forest land diversion
both stage-II clearances for 1,513 projects under 22 project
categories. The mining sector has been granted nearly a thirdof the diverted forest land, to the tune of 10,309 hectares.
This primarily involves coal mining projects and few ironmining and bauxite mining projects and projects related to minorminerals.

Case Study:National Thermal PowerCorporation/NTPCNTPC’ s Darlipali Super Thermal Power Station, at Darlipali village in Sundargarh
district in Indian state of Odisha, is one of the coal based power plants of NTPC
Limited. Coal will be obtained from Dulanga and Pakri Barwadih Coal Block andwater supply will be sourced from the Hirakund Reservoir on the Mahanadi Riverthrough a pipeline at over a distance of about 30.0 km from project site.
On January 16, 2014, has accorded the investment approval for Darlipali Super
Thermal Power Project, (2x800 MW) to appraise current estimate cost of Rs.
12532.44 crore subject to environmental clearance of Ministry of Environment andForests (MOEF). That the Ministry of Environment & forest, Govt. of India in their
letter dt.17-2-2014 while granting environment clearance in favor of the said
power plant, stipulated certain terms and conditions.
NTPC acquired 1,115 acre private land in Darlipali village and 90.33 acre private
land in Raidihi village for the project. Besides. Government of Odisha has alienated339.49 acre land. That a thermal power project for 1600 MW is under constructionProject Location: NTPC AND TOSHIBA WORK

Violation of environmental laws

The area concerned has varied ecosystems including agricultural to forest cover. The
forest cover mainly comprised of regenerated Shorea robusta and Diospyros
melanoxylon. Ib river and Basundhara nalla are the main water bodies in the saidarea. Land use pattern covers 55.17% of agricultural lands, 29.58% of Forest
area.
NTPC violated section 2 of Forest Conservation Act 1980 (Restriction on thedereservation of forests or use of forest land for non-forest purpose) bydumping its waste in forest.

NTPC violated the provisions of the Manufacture, Storage and Import ofHazardous Chemical Rules, 1989, thereby failing to comply with the provisions of
the Environmental Protection Act, 1986 causing substantial damage to the ecology
at large
NTPC also violated Explosive Rules, 2008 by caring blasting and explosion

Violation of Human rightsDenial of compensation for affected/likely to be affected people, which
infringed the right to life and contrary to the domestic laws related torehabilitation and resettlement policy and fundamental rights enshrined inIndian Constitution. It also violates the UN Guiding Principles on Internal
displacement : Displacement shall not be carried out in a manner that violates
the rights to life, dignity, liberty and security of those affected
Principles No.9 of the UNGP on internal displacement asks to States are undera particular obligation to protect against the displacement of indigenous
peoples, minorities, peasants, pastoralists and other groups with a special
dependency on and attachment to their lands
Denial of adequate standard of living to project affected people and near byareas where indigenous peoples live which contrary to Article 11 of theInternational Covenant on Economic, Social and Cultural Rights (ICESCR)
Basic health, water , road, electricity and other infrastructure deniedViolation human rights contd..
Illegal detention of project affected communities who are fromindigenous communities.
 Central Reserve police force (CRPF), who is engaged in NTPC
security, illegally confines and detains the indigenous peoples wholive now in project site. Their movement is restricted. They aresubjected to torture and degrading treatment. The police also refuse
to receive the complaints from the victims. CRPF and Company
mercenaries enjoys impunity The Indian government engaged in violating its obligations underConvention on Torture, Convention on Racial Discrimination andInternal Covenant on Civil and Political Rights
 Complaints and grievances are not registered. It is violation ofArticle 350 of Indian Constitution and fundamental rights. Further,
project level grievance mechanism are not functional.
Threatened Indigenous people
Indigenous peoples lost their livelihood
due to NTPC coal project and theirsurvival is endangered. The community
was dependant on forest economy as
they collect non-timber forest products.
They lost indigenous life support system
including their indigenous health as theherbs lost due to heavy deforestation,
destruction of hill rocks throughexplosions. The community’s glorious
cultural and traditional life destroyed aslife style changed as coal based power
project destroyed their land andlivelihood including cultural places ofworship.

Peoples control over natural resources
and Forest Rights denied
Forest Rights Act 2006
ensures indigenous andnative peoples rights overforest land since they live
from immemorial time.
The record of rights for thecommunities recognises
under the Act, but after theNTPC’s coal project, thesaid rights were denied
and the indigenous people
were subjected to all formsof denial. Community
protest such denial.

HIRAKUD DAM: ODISHA’S ENERGY SOURCE AT
DANGER DUE TO ILLEGAL BLAST BY NTPC

Violation human rights contd..
Denial of transparency and accountability: Notransparency maintained in project, not only for theproject affected people, but also NTPC is engaged
in suppressing all the facts related to environment,
human rights and adverse social effects.
 It violates the Right to Information Act which makes
NTPC to ensure public disclosure UNGPs on business and human rights and PHRA act
1993 are not complied.
Corruption and Impunity

Violation human rights contd...
Violation of domestic laws and International humanrights instruments, including environmentalagreements
 It is not only India’s commitment, but also Japan’s
human rights obligation as funder they cannot be
instrumental to human rights violations in India byaiding finances and equipments. It is also violationof bilateral agreements between India and Japanon business and trade.
Judicial rescue...

National Green Tribunal







NGT directs NTPC not to violate explosives rules
The National Green Tribunal (NGT) on Thursday issued an interim order asking theNTPC, which is setting up a thermal power project in Odisha's Sundargarh district,
not to violate environmental conditions and explosives rules relating to open
blasting.
Acting on a petition filed by Global Human Rights Communications executivedirector Subash Mohapatra, the tribunal directed the Odisha chief secretary,
Pollution Control Board and the Sundargarh district collector to file a status report
within three weeks.
The chief secretary was also directed to implement the order of the tribunal relating
to the blasting issue and submit an action taken report at the next hearing on
November 2.
Mohapatra alleged that NTPC has indulged in rampant blasting activities incontravention of explosives rules for removal of hard rock on the land proposed forconstruction of a power plant, posing a risk to human life, property and domesticanimals in the area.
Source: http://www.business-standard.com/article/news-ians/ngt-directs-ntpc-notto-violate-explosives-rules-115092401151_1.html

NGT Response

On last hearing on 13th May 2016, NGT directed
Subash Mohapatra of Global Human Rights
Communications (www.globalrights.ngo) to file thesurvey of the affected people, who are in need tobe compensated, for appropriate compensation.
NGT observed that NTPC has badly failed torespect the rights of indigenous peoples, especiallyon their rehabilitation and resettlement. Next
hearing is scheduled to July 7, 2016

Unfortunate!
Unfortunately , the violence and violation continued
by NTPC.
 India’s tall claims and pledges at Paris exposed India’s Coal Scam in 2011: Democracy threatened
as company bribed and get coal blocks.
 Indigenous Peoples fights back. 8% of India’s
population IPs are in danger as all of the coalprojects located on their land.
THANK YOU
www.globalrights.ngo
info@globalrights.ngo