EDITORIALS

Regulating Sand Mining

Can we nd the balance between meeting the needs of construction and protecting the environment?

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he Uttar Pradesh (UP) governments decision to suspend Durga Shakti Nagpal, the subdivisional magistrate of Gautam Buddh Nagar in Greater Noida, has spiralled into a larger narrative about the activities of the so-called

sand maa and its power over local politics. Some believe that the real reason for Nagpals suspension was not her decision to demolish a wall on a plot where a mosque was being built but because she had cracked down on illegal sand mining.
august 31, 2013 vol xlviII no 35
EPW Economic & Political Weekly

EDITORIALS

Whatever the truth, it is clear that she is not the only ofcial to have incurred the wrath of political bosses for trying to implement the law on sand mining. In fact, the business of sand mining is a classic example of the extent to which the culture of impunity has taken root in this country and the way it continues to be nurtured and reinforced by the very people who make the laws. Sand is needed for construction. With the exponential growth of the construction sector in Indias urban areas and in infrastructure, the extraction of sand from rivers and lakes has also become big business. Not only is it extremely lucrative, but it also has low working costs and despite laws, remains largely unregulated. It is also a business that provides revenue to the state, the district, the panchayat and immense prots to the contractor. To ensure that nothing comes in the way of this well-oiled conveyor belt between the river or lake and the construction site, contractors have not hesitated to use strong-arm methods to discourage inquisitive media or activists. However, the sand that is being extracted relentlessly is also essential for the life and ow of rivers, and for the natural water systems that feed wells and springs alongside the rivers. These wells and springs provide essential water for agriculture and for the millions of people who continue to depend on groundwater sources for drinking and other domestic uses. Without an adequate layer of sand, rivers can suddenly change course, leading to ooding and destruction. Dredging in creeks can result in saltwater ingress into freshwater aquifers. These are only some of the many environmental consequences of unchecked dredging of sand from rivers, lakes and along the coast. The environmental cost of unchecked sand mining is already evident in many states. In a state rich in water resources like Kerala, the impact of sand dredging in its major rivers, Pampa, Manimala and Achankovil, has reduced water levels and led to water scarcity. In UP, mechanised sand extraction has affected several rivers including Chhoti Gandak, Gurra, Rapti and Ghaghara. In Andhra Pradesh, major rivers like the Godavari, Tungabhadra, Vamsadhara, Nagavali, Bahuda and Mahendratanaya have been affected. In practically every state

there is evidence of the growing environmental fallout of unchecked and unsustainable extraction of sand. Until recently, there were few checks on extracting sand because it was deemed a minor mineral and hence did not require prior environmental clearance. But following petitions putting forth the environmental consequences of unregulated sand extraction, laws and regulations have been put in place in many states. The Supreme Court has intervened by ordering a ban on sand extraction and more recently the National Green Tribunal has done the same. The law today requires that any contractor extracting sand from an area larger than ve hectares must seek prior environmental clearance. In addition, several states have given the right to the gram sabha to decide whether sand can be extracted from any local waterbody and also banned mechanised extraction. Yet, none of this has applied the brakes on the industry of sand dredging. The problem is not with laws and rules alone although some of them have left gaping loopholes. For instance, the rule that only extraction in an area above ve hectares requires environmental clearance is easy to circumvent. All a contractor needs to do is to split the operation into areas less than ve hectares. But even if the law did not have loopholes, this is a business that is extremely difcult to monitor and regulate. Sand extraction takes place in a dispersed geography. While mechanised dredgers are visible, manual extraction can be done without drawing too much attention. For a district administration to control the business becomes particularly challenging when you add to the existing logistical problems, the undeniable nexus between the contractors and local politicians. Banning sand extraction in such circumstances only raises the price of sand, not the supply. Ideally, a substitute needs to be found to sand extracted from riverbeds or lakes. Desert sand is not suitable and other substitutes, such as crushed rock, are equally detrimental to the environment. Consequently, there appears no alternative but to use sand from existing sources. Yet, the current frenzy of sand extraction without any concern for the environment is clearly unsustainable and must be checked. The blatant illegality surrounding much of sand extraction damages not just the immediate environment. It also further dents the credibility of our systems of governance.

Economic & Political Weekly

EPW

august 31, 2013

vol xlviII no 35