Abstract
Mining refers to the process of extracting metals and minerals from the surface of the Earth. Modern mining uses machinery to dig the minerals out of the soil but, in India, the majority of mining is done using basic tools, which is called manual or traditional mining. It is a labour-intensive process, which mainly attracts poverty-stricken manual labourers. Due to a dearth of opportunities, they are forced to work in harsh environments where there is no regard for their human rights. Stories of abuse and exploitation are not uncommon in this industry, and the situation of the labourers remains an open secret.
This research paper aims to show the different facets of human rights violations in the mining industry, its effects on the underprivileged population, children, women, and the role of the Indian Constitution in safeguarding the rights of the miners. It also aims to find appropriate solutions to tackle this issue.
Keywords
Mining, Exploitation, Human rights violations, Labourers, Poverty, Underprivileged, Indian Constitution.
Introduction
All individuals, regardless of their ethnicity, gender, race, nationality, language, religion, or any other features, possess fundamental rights and those are known as “human rights”.[1] These rights are non-discriminatory and are available to everyone just because they are human beings. These rights may be civil, political, economic or social. They, therefore, also extend to all types of working people, including those who are engaged in the mining industry.
Mining is an inherently dangerous occupation, where the chances of life being at stake are high. It requires the miners to enter into small tunnels, and mine ores using tools such as pickaxes and shovels. The walls of these mines are very unstable, and they can collapse quite easily. The blatant exploitation of the labourers adds up to an even worse picture. The labourers are constantly exposed to high amounts of pollution and heat and are paid a minimum wage which is insufficient to sustain themselves and their families.
Residents of mining communities are paid meagre wages without any benefits. A man working in the mines typically earns between Rs. 70-120 per day depending on his level of expertise, after working for 8-10 hours. Women, on the other hand, earn a daily wage of Rs. 45-55, while children receive Rs. 30-40 per day.[2]
These low wages result in the whole family being engaged in mining, and even the children have to leave school to earn money for the family. Rendering the next generation uneducated, the cycle of illiteracy and poverty continues.
Research Methodology
This research paper uses a descriptive approach to provide insight into the subject of ‘Human Rights Violations in the Mining Industry.’ It gives details on the conditions of those involved in mining, and their dependency on the occupation, as their sole source of income. Secondary sources like articles, research papers, websites and blogs have been used to provide an in-depth analysis. The paper focuses on the effects of human rights violations and seeks to provide a solution to them.
Literature Review
Mining in India falls into the category of an unorganized sector. It is a part of the unorganized sector because the government does not have direct control over it, and the workers can’t form a union to rally for their common interests. There is no availability of fixed tenure, pension, maternal leave or any other such benefits. It depends entirely upon the whims of the employer, which makes employment highly unstable. Several rights have been articulated to prevent such conditions, but the situation remains dire.
The 1948 Universal Declaration of Human Rights (UDHR) outlines a comprehensive list of rights that are acknowledged by the majority of governments, along with two Covenants that address civil and political rights, as well as economic, social, and cultural rights. Additionally, there are core Conventions focused on child rights, discrimination prevention, torture elimination, and several ILO Conventions. The primary obligation to comply with these UN instruments rests with the Nation-State, and corporations are also accountable.[3]
This means that the responsibility of preventing human rights violations of workers lies primarily in the country where the exploitation is occurring.
What does the Indian Constitution say?
The Constitution of India strives to safeguard the rights of its citizens and provides various provisions to act in that direction. The following provisions provide insight into how the Indian Constitution ensures that the human rights of its citizens are protected.
- Article 21
This article stipulates that an individual cannot be denied their freedom or the right to life, except through procedures established by law.[4] It also enables a right to live with human dignity. Its scope can be extended to provide a good environment to the labourers who work in perilous conditions.
- Article 23
This article prohibits forced labour, begar, or any other form of human trafficking.[5] This article thereby prevents employers from forcing a labourer to work in dire conditions. Forced labour also happens quite often in the mining industry. The labourers are first compelled to take a loan from their employers due to their low income, and then after being unable to pay the sum back with high interest, they are forced to pay back with their work. A lack of collateral prevents these labourers from taking loans from a legitimate source like a bank.
- Article 24
This article prohibits the employment of any child below the age of fourteen in dangerous occupations such as factories, mines, or other hazardous workplaces. This article forbids children from working in hazardous employment like mining, where practices such as rat-hole mining are also prevalent. The violation of child rights in such conditions also occurs quite frequently.
- Article 246
This particular article grants the Parliament and State Legislature the authority to legislate on any of the subjects listed in List III of the Indian Constitution’s Seventh Schedule.[6]This provision, in conjunction with the inclusion of Entry 55 in the Seventh Schedule, addresses the management of safety and labour practices in oilfields and mines. It is imperative to learn the laws that govern the working of mining industries in India to put into perspective the human rights violations prevalent in this industry.
- Article 39(e)
This article emphasizes the importance of ensuring that individuals are not compelled by financial hardship to engage in activities that are unsuitable for their age or physical abilities and that the well-being and physical health of all workers, including women, children, and men, are not exploited or mistreated.[7] This article is a part of the Directive Principles of State Policy (DPSP) of the Indian Constitution. These provisions are not legally binding, but the state is committed to making an effort to fulfil them.
Child Exploitation in Mines
The International Labour Organization (ILO) reports that the global mining industry employs approximately one million children between the ages of five and seventeen, with this number continuing to grow. Despite being one of the most dangerous industries, mining is notorious for hiring a significant number of children, who may work up to 12-15 hours a day and earn less than $2 per day. While child labour is prevalent across various sectors, mining is considered to be the most hazardous of them all.[8]
Owing to their small size, children are easily able to go through the tiny tunnels which hold precious minerals. They are used for doing rat-hole mining, which is most prevalent in the extraction of mica.
Rat-hole mining refers to the process of extracting minerals by digging small holes and tunnels, about 3-4 feet deep, and sending more often than not children inside to mine them. These children enter the tunnels without any protective gear and equipment and are always at risk of serious injuries. There have been many instances of the mines collapsing on top of the children.
According to a study conducted by a non-governmental organization, Children in Need Institute (CINI), in 2018, 45 children lost their lives while working in mica mines from 2013 to 2018.[9] Reality paints a grim picture, and even though the illegal mining and exploitation of children in them have been public knowledge for decades, a solution is still not in sight. These incidents continue to haunt the local population working in this industry, but they are powerless to stop the same. Here, the involvement of higher authorities is an immediate need that is never addressed.
Children involved in mining also drop out of school to provide additional income for their families. According to a report by the National Commission for Protection of Child Rights (NCPCR) in 2018, the number of children who left school to work in mica mines in Koderma and Giridih, the two districts in Jharkhand with high mica deposits, was 4,545. A previous report by the non-governmental organization Terre des Hommes estimated that around 22,000 children were engaged in scavenging for mica in Jharkhand and the adjacent state of Bihar.[10] These reports are only of two mica mining states and not of the entire country. The total number of children working in the mining industry across the country would simply be unimaginable. These children are also not able to avail benefits of different schemes by the government, such as the mid-day meal scheme aimed at providing nutrition to unprivileged children.
The time a child should spend in school playing with other children and getting an education is spent digging tunnels in the sweltering heat of the sun.
Gender discrimination
A struggle for equal pay for women is ever present in the mining industry. Women are given lower wages than their male counterparts even for equal work. This situation unfortunately is not only present in the mining industry but also in many other industries. But since mining comes under the unorganized or informal sector, women are not able to raise their voices for better pay. The fear of being unemployed also prevents them from rallying.
In the scenario where a man earns 100 rupees per day, a woman performing the same job would probably receive a wage of approximately 70 rupees per day.[11]
The unfortunate horrors of sexual exploitation are also experienced by women in these conditions. Young adolescent girls are forced into prostitution, and the fear of their employers keeps them from speaking out. It also gives rise to another set of problems, when diseases such as HIV/AIDS are contracted by girls. Many of these young unwed women get pregnant, and they have no source to provide for themselves or their children.
Lack of safety
Mining is a highly dangerous job, and there is a constant fear of being trapped inside the tunnels or being crushed under the heavy rubble of the mine. Therefore, protective gear and equipment are extremely necessary to ensure the safety of those going inside the tunnels.
Despite the complications that could arise, labourers are given no equipment in case things turn for the worse. They go in barefooted and scrape off the minerals from the tunnel walls with their bare hands. This not only gives an increased risk of getting injured but also of getting infected by direct exposure to chemicals present inside the mines.
Health hazards
Reports of people contracting respiratory diseases such as asthma, and pneumonia is a common sight around mines. The clouds of dust containing harsh metals and minerals contribute majorly to the breathing problems experienced by the mine labourers. There are also increased chances of getting eye infections due to heavy pollution.
Since the labourers wear no protective gear, they are also in constant contact with mineral-rich soil, which is harmful to health.
Research has suggested that prolonged exposure to silica, a component frequently found in iron ore dust, may cause severe medical conditions such as respiratory ailments like lung cancer and even scoliosis.[12]
The labourers working in this industry are not even able to get themselves diagnosed and treated, owing to their low income. The wages given to them would not be enough to treat diseases caused by mining.
Why do people even work in the mining industry?
There are several complications resulting from working in this industry, so why do people even choose to work here?
The answer is simple, but saddening. It is poverty. Poverty-stricken people don’t have the choice to work where they want, and they are forced to work in hazardous spaces.
The reasons can be summarized in the following points:-
- Lack of education- Because of lack of education, people can’t apply to work at better places. A higher paying job requires a higher skillset which is difficult to achieve if a person has not completed their education. Due to poverty, children are forced to leave schools and work in mines, as more hands mean more money. This cycle continues for generations as the amount of money acquired by working in mines is never enough.
- Lack of opportunities- In India, different programs like MGNREGA provide manual work to unskilled workers, but the number of employment opportunities for them is far from enough.
Mining activities are mainly concentrated in distant regions where alternative job opportunities are scarce.[13] The lack of job opportunities in areas where mining is prevalent not only limits the possibility of finding employment but also significantly diminishes the likelihood of discovering work that aligns with an individual’s current skill set. This situation can lead to a vicious cycle in which individuals are compelled to work in mines or other hazardous environments, which further undermines their physical and emotional well-being and hampers their ability to develop new skills and secure better job prospects in the future.
Suggestions and Possible Solutions
The situation of human rights violations in the mining industry has not improved over the past few decades. The violations happen in plain sight but the authorities still haven’t launched a full-scale operation to curb them. Since India exports minerals like mica to foreign countries, this issue has turned the eyes of international institutions like the Human Rights Watch (HRW) as well. They have commented time and again about the deplorable state of human rights in India’s mining industry. Stricter enforcement of rights is an immediate necessity and must not be taken lightly.
Ethical solutions must be implemented so that no harm comes to the already underprivileged.
We cannot stop using the materials that are procured from mining, because many of them are essential in our day-to-day lives, such as iron which is needed for building houses. So, putting a stop to the use of these metals and minerals is not a solution. It also places us in a moral dilemma, as the sudden stop in the demand for minerals will ultimately affect the mine labourers. They have no other means of employment, and a decrease in demand will lead to them losing their only source of income.
A much better solution is providing more opportunities for gaining education and vocational training. Vocational training involves education in manual and practical activities that can help a person be employed or even gain self-employment. It includes training to be a craftsperson, technician or someone who requires particular techniques to work. Therefore, it is also called technical education. It is provided by the Government of India through the All India Council for Technical Education (AICTE). This will help them diversify their skills which are required for jobs with higher pay. The informal or unorganized sector is very unstable, and this can help them switch to more stable employment.
To ensure the protection of human rights and the well-being of communities, regulatory officials must prioritize their attention towards identifying potential impacts that may arise from the establishment of new mines. The aforementioned can be accomplished through either the use of the existing Environmental Impact Assessment (EIA) process or the creation of a new assessment process that is solely focused on evaluating the potential human rights violations in new mining grounds. These measures will help ensure that the development of mines does not come at the cost of the community’s well-being and does not infringe on their fundamental human rights.[14]
The mining industry is widely considered hazardous and environmentally damaging, even by major mining companies. Such large companies recognize the importance of careful evaluation of the potential negative impacts of mining on people and the environment. They also tend to use only ethical and responsible mining practices to avoid adverse consequences.[15] Implementing measures to improve the working conditions of miners benefits not only the labourers but also the mining industry as a whole.
Conclusion
Mining is an inherently dangerous occupation, and this must always be kept in mind. A stricter implementation of human rights can save thousands of lives buried in these unethical mines. The next generation of these miners can come out of this vicious cycle of poverty, but only with the help of the government, and the common folk.
We have come to know how human rights violations affect the lives of labourers, not just physically but also mentally. Their days are spent in the heat, digging holes, knowing there is no other way to sustain their lives. Little children are dragged into this practice and never get to experience a happy childhood.
Child rights violation remains to be a huge problem in this industry. Rat-hole mining is one example of where child labour is used extensively, but it is unfortunately not the only one. The probability of children getting injured and sick is also higher as compared to adults. The lack of finances put a stop to any recourse, even if a child is in dire need of help and medication.
The main factor which pushes people to engage in this industry is poverty. So, efforts must be made to increase job opportunities in rural areas where most of the illegal mining takes place. Government schemes such as MGNREGA (Mahatma Gandhi National Rural Employment Guarantee Act) do a good job of providing manual work to unskilled labourers, but it is not a year-wide scheme and provides employment only for a hundred days per year. A permanent solution is necessary so that income generation for the poverty-stricken can be year wide. This will benefit a large proportion of people engaged in mining.
Those engaged in mining don’t have the means to go to court for the enforcement of their rights. Most of them probably don’t even know that their rights are being violated and that there are remedies for them. In this case, the role of public-spirited citizens and judicial activism is greatly appreciated.
Impulse NGO filed a PIL in National Green Tribunal to ban rat-hole mining in Meghalaya. Even though mining was prohibited, it continues to happen, and children are trafficked from neighbouring countries like Bangladesh and Nepal to work in these mines.[16]
This is but a small step in the right direction. Public Interest Litigations allow even those who are not aggrieved in a case to file a writ for the aggrieved party. In these litigations, even the court can take suo moto cognizance and start the proceedings by themselves. This has always been a powerful tool of judicial activism and has successfully aided a large number of underprivileged citizens to date.
The responsibility of trying to better the lives of the underprivileged lies in every person. Supporting Non-Governmental Organizations in their efforts to provide help to the needy is a small step, but can make a huge difference in the lives of many.
Smaller mining operations in India often escape public attention and scrutiny from media and civil society, unlike the large-scale “megaprojects” that garner more focus. These smaller operations, although numerous, don’t produce a major impact on the communities they affect and are, therefore, left scot-free without any consequences for their actions.[17] Therefore, by keeping an eye on our local area, we can throw light on the illegal mining happening close to us. Since local people have a better understanding of their community, they can be more effective in identifying any suspicious mining practices. It is also important to note that most illegal mining activities occur in smaller and less visible operations, which may escape the attention of the media and government authorities. Therefore, individuals must be proactive in monitoring their local areas and reporting any illegal mining activities to the relevant authorities to ensure that the environment and communities are protected. They are much informed on the workings of that place, and can thus help eliminate such malpractices more thoroughly. Many times government or non-government initiatives fail to work because there is a lack of information on how certain localities operate. This step can eliminate the possibility of any uninformed decision taken by the concerned authorities.
It is, therefore, the collective effort of all the people that can uplift the downtrodden, and help the cycle of abuse and poverty break.
AUTHOR: Aditi Utkarsha
Chanakya National Law University, Patna
[1] UNITED NATIONS ORGANIZATION, https://www.un.org/en/global-issues/human-rights (last visited Apr 12, 2023).
[2] Neha Sharma, Laws that protect rights of mine labourers in India, IPLEADERS (Apr. 12, 2023, 4:19 PM), https://blog.ipleaders.in/laws-protect-rights-mine-labourers-india/?amp=1#.
[3] Handelsman, S.D., 2002. Human rights in the minerals industry. Glob. Envtl. L. Ann., p.106.
[4] INDIA CONST. art. 21.
[5] INDIA CONST. art 23.
[6] INDIA CONST. art 246.
[7] INDIA CONST. art 39(e).
[8] Nitika Chaudhary Chaudhary, Dark Reality Of Mining Industry: One Of The Industries Employing Highest Number Of Child Labourers, THE LOGICAL INDIAN (Apr. 12, 2023, 6:35 PM), https://thelogicalindian.com/story-feed/awareness/child-labour-mining-industry/.
[9] Simrin Sirur, Child labour, mine deaths — Rihanna’s Fenty Beauty brings Jharkhand mica back under spotlight, THE PRINT (Apr. 12, 2023, 6:37 PM), https://theprint.in/india/jharkhands-shining-mica-has-a-dark-side-child-labour-deaths-in-mines-illegal-extractions/608165/.
[10] Simrin Sirur, Child labour, mine deaths — Rihanna’s Fenty Beauty brings Jharkhand mica back under spotlight, THE PRINT (Apr. 12, 2023, 8:55 PM), https://theprint.in/india/jharkhands-shining-mica-has-a-dark-side-child-labour-deaths-in-mines-illegal-extractions/608165/.
[11] Terry Payne, All that glitters: Labour exploitation in India’s mica industry, IEMA (Apr. 12, 2023, 7:07 PM), https://www.iema.net/articles/all-that-glitters-labour-exploitation-in-indias-mica-industry?t=156567.
[12] Kishore Kumar Banerjee, He Wang and Dino Pasaniello, “Iron-Ore Dust and its Health Impacts,” Environmental Health, vol. 6, No 1., pp. 11-16, 2006, Jay F. Colinet, Andrew B. Cecala, John A. Organiscak, Douglas E. Pollock, Gregory J. Chekan and Ed D. Thimons, “Improving Silica Dust Controls for Metal/Nonmetal Mining Operations in the United States,” National Institute for Occupational Safety and Health, undated, www.cdc.gov/niosh/mining/pubs/pdfs/isdcf.pdf.
[13] Nitika Chaudhary Chaudhary, Dark Reality Of Mining Industry: One Of The Industries Employing Highest Number Of Child Labourers, THE LOGICAL INDIAN (Apr. 12, 2023, 6:35 PM), https://thelogicalindian.com/story-feed/awareness/child-labour-mining-industry/.
[14] Human Rights Watch, Out of Control, HUMAN RIGHTS WATCH (Apr. 12, 2023, 6:09 PM) https://www.hrw.org/report/2012/06/14/out-control/mining-regulatory-failure-and-human-rights-india.
[15] Sir Robert Wilson, Rio Tinto and International Council on Mining and Metals, “Plenary Address to World Parks Congress, Durban, South Africa,” September 16, 2003, http://www.riotinto.com/documents/Media-Speeches/worldParksCongress160903.pdf.
[16] Nitika Chaudhary Chaudhary, Dark Reality Of Mining Industry: One Of The Industries Employing Highest Number Of Child Labourers, THE LOGICAL INDIAN (Apr. 12, 2023, 8:57 PM), https://thelogicalindian.com/story-feed/awareness/child-labour-mining-industry/.
[17] Human Rights Watch, Out of Control, HUMAN RIGHTS WATCH (Apr. 12, 2023, 7:57 PM) https://www.hrw.org/report/2012/06/14/out-control/mining-regulatory-failure-and-human-rights-india.