Akshita Sankaranarayanan

Christ (Deemed to be University)

Editor: Sakshi Soni

1. Abstract

Illegal sand mining in India is a deeply pervasive issue that takes its roots along some of the most fertile and extensive riverbanks in India. A closer look into the system reveals that the issue of illegal sand mining reflects a deeper crisis in governance and ecological vulnerability. Apart from the environmental aspect of the issue, the phenomenon exposes high levels of regulatory incapacities and failures in administration that allow such illicit activities to flourish in the first place. This paper, in particular, examines the necessary conditions for this activity to thrive- ranging from political protection of the sand mafias- to the socio-economic vulnerabilities of the labourers drawn into the trade. A global analysis of the issue reveals how different government models, especially those of the Western nations, shape mining behaviours in their respective countries. Ultimately, this paper seeks to establish that illegal sand mining in India is the product of each stakeholder shifting the blame onto the other, and to expose the cracks in the rules governing mining activities in the country. It also proves that the only way to resolve the issue is to introduce a multidimensional reform strategy, and to fix the system that has for the longest time been a slave to the entrenched interests and institutional weaknesses that enable illegal sand extraction to persist.^{1 2} 

2. Introduction

For miles on end on the banks of the Son River, fishing boats line up, inconspicuously along the hidden part of the river bend. At first glance, they seem unremarkable, blending into the natural scenery. Upon further inspection, you will see that these boats are overflowing with what the locals call “pila Sona”- yellow gold. Not actual gold, but sand. And not just any sand, but river sand, which is some of the most sought after and illegally extracted resource in India today.  

 

1)     UNEP, Sand and Sustainability: Finding New Solutions for Environmental Governance (2019).

2)     Ministry of Environment, Forest & Climate Change (MoEFCC), Sustainable Sand Mining Management Guidelines (2016). 

Workers diligently dig along the banks, not wary of the fact that the bank plunges steeply for 20 metres above them. These workers, underpaid and under protected, are unaware of the fact that in some places, entire sections of the riverbank have collapsed, claiming multiple lives. Sand mining in India is a complex issue that intersects environmental law, criminal law, corruption and organized crime.^[1] It is an underground activity that continues to plague states like Bihar, Maharashtra, Andhra Pradesh, Tamil Nadu, and practically any other state with a riverbed. And the most alarming part- Sand mining is illegal in India.^[2] 

3. What is Sand Mining, and why is it illegal in India?

Sand mining refers to the extraction of sand, a minor mineral, from riverbeds and other natural sources. Illegal sand mining comes under the broader category of Environmental crimes, which are activities that are unlawfully harming the environment. In India, this activity is governed by the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) and other laws under the Mineral Concession Rules.^[3] Although sand mining is not explicitly prohibited, it is required to adhere to strict extraction limits and environmental safeguards. Section 23C of the MMDR Act requires State Governments and Union Territory Administrations to frame rules to prevent illegal mining, and storage of minerals, and to enforce sustainable mining practices in accordance with environmental guidelines.^[4] 

Since the early 2000’s in India, due to rapid urbanisation and mechanisation, sand demand in

India has increased manifold. The Sand mining activity in India provides employment to over 35 million people and contributes $126 Billion to the national economy every year. To cater to this incessant need, workers mine sand above the legally prescribed limit. This activity has extremely harmful consequences on the environment, including but not limited to, riverbed degradation, depletion of groundwater for irrigation, soil erosion etc.   

The only way to avoid adverse ecological impact is to make sure that the sand is being replaced at the same rate at which it is mined.  

4. Criminalisation of Illegal Sand Mining under Indian Law

In India, Illegal sand mining is governed by section 3(e) of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act 1957). Section 4(a) of this act prohibits any mining operations in any area without prior mining license. The central or state governments can suspend such licenses in the interest of ecological damage or public safety.¹ Sand Mining in India is legal, up until it follows the permissible limit of extraction. When it exceeds the permissible limit of extraction, it is termed as ‘illegal’.²  

5. The structure and Operations of ‘Sand Mafias’

‘Sand Mafias’ are organised groups of criminals who undertake and facilitate the illegal sand mining process. They extract sand illegally above the permissible limit and threaten to kill anyone who steps in their path. They employ illegal sand miners, usually poor, marginalised and disorganised groups of people who do not have much to their name, for a daily wage and freebies. The opportunity cost falls on the villages. For instance, sand mafias impose a “goonda tax” on stone-crusher owners giving stone-crushers raw materials in exchange for a “tax” that makes gravel. In addition to collecting goonda tax, the mafia exploits peasants by providing questionable employment possibilities and breaking promises. The fate of anyone who dares to question them lies in peril, since they are brutally threatened and killed. Sand Mafias have injured hundreds and killed dozens of people in recent years,³ with victims including a twenty- two- year- old activist who was hacked to death, a journalist who was burned to death, and at least three police officers who were run over by sand trucks.  

1)     MMDR Act, No. 67 of 1957 (India) 

2)     National Green Tribunal (NGT), Judgment on Illegal Sand Mining, O.A. No. 173/2018

(2018) 

3)     Human Rights Watch, India: Officials, Activists Attacked Over Sand Mining (2021) 

4)     S. Rege, “The Nature of Illegal Sand Mining in India,” Economic & Political Weekly (2019) 

Take for instance Tamil Nadu, a state which has the highest number of deaths per year due to illegal sand mining operations. Since 2003, as many as five officers with the police or revenue department have been found dead under mysterious circumstances after they decided to go after the sand mafia. On the other side of the spectrum, there have also been police officers filling up their pockets with money due to these illegal operations. The problem is, these operations occur so far outside the legal spectrum that they end up going undetected. Journalists who report such incidents feel it’s better to be quiet, than to suffer the wrath of the sand mafia. Activists like Akaash Chauhan, Rajesh Kumar and Sumaira Abdulali continue to campaign for justice for those affected by the sand mafias, and to put an end to the illegal activities carried out by these mafias.^[5] 

6. Statutory Mechanisms to Regulate and Penalise Illegal mining

Illegal sand mining is expressly forbidden and punishable under the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act). According to section 4(1A), no one is allowed to mine sand on the riverbanks without a license from the appropriate issuing authority. Additionally, Section 21 of the same act imposes a fine of up to 5 Lakh rupees, and imprisonment for a maximum of 5 years, or both, if the provisions of the MMDR Act,1957 are violated.^[6] Furthermore, Section 23C gives State Governments the authority to create regulations to stop illicit mining, such as controlling the movement and storage of minerals like sand. The act also contains provisions for setting up of special courts to help provide speedy justice to those who are disproportionately affected by the atrocities of the sand mafias.^[7]This ensures that there is a check and balance on the mining activities in India and also makes mining operations more transparent and accountable. 

Additionally, The Indian Penal Code, 1860 (IPC), has penal provisions for illegal sand mining as well. When sand is taken from government property or riverbeds without permission, Section 379, which addresses theft, is frequently used.¹ This is because natural resources belong to the public in general, and sand is a resource falling under the doctrine of public trust. Section 430 also penalizes mischievous activities that reduce the amount of water available for agriculture or other legitimate uses, which is often the result of uncontrolled sand mining close to bodies of water.² In addition, when organized groups engage in illegal mining activities, laws like Section 120B (criminal conspiracy) and Section 34 (acts committed by multiple people with a common purpose) are used to hold everyone involved in the illegal activity jointly liable. The regulatory framework under the IPC is supplemented by these provisions. Other acts and statutes like the Environment (Protection) Act, 1986 and the Sustainable Sand Mining Management Guidelines, 2016 & 2020 also apply to the problem of illegal sand mining in India.

7. International Legal Standards on Resource Extraction

Although international laws and conventions exist to control illegal sand mining in India and the world, they have not been able to achieve their objectives effectively. Sand mining comes under the broader category of pollution in international law, since it causes environmental degradation and ecological damage. For example, the UN Convention on the Law of the Sea (UNCLOS), under article 194(2) directs the State to take necessary steps to ensure that the mining and extraction activities undertaken by them are not carried out in a manner that would result in damage to other States and their environment (UN Convention on Law of the Sea, 1982, Art. 194(2).³ Article 7 of the Convention on Biological Diversity (CBD) obligates the member States to identify, monitor and assess the impact of sand mining and other activities on the environment (Convention on Biological Diversity, Art. 7.).⁴These laws aim to control illegal sand mining and pollution causing activities around the world. 

1)     Indian Penal Code, No. 45 of 1860, Section 379 (India)

2)     Indian Penal Code, No. 45 of 1860, Section 430 (India)

3)     United Nations Convention on the Law of the Sea art. 194(2), Dec. 10, 1982, 1833 U.N.T.S. 

4)     Convention on Biological Diversity art. 7, June 5, 1992, 1760 U.N.T.S. 79. 

8.  Comparative Study: Regulatory Approaches in China and India

To gain a deeper understanding of this issue, it is pertinent to analyse it from a broader perspective, taking into consideration other countries facing a similar issue. For example, China, a country in our immediate neighbourhood, deals with the issue of illegal sand mining. In China, illegal sand mining is governed by the Mineral Resources Law, 1986. China faces issues like weak enforcement of laws, high corruption levels and centralised control of laws, in contrast with India which has given states the authority to frame laws for illegal sand mining under Section 23-C of the MMDR act.¹ Western countries such as UK and US on the other hand, regulate sand mining through clear zoning and licensing procedures, as well as a planning-based approach. It is safe to say that the Western countries have managed to bring the issue under control with structured frameworks, however Asian countries like India and China struggle to reduce illegal activity. These countries would benefit by emulating the Western system of approach to the issue of illegal sand mining. ² 

In conclusion, both India and China have rapidly growing infrastructure and urbanization needs, which creates a huge demand for sand. This often exceeds regulatory capacity. Both countries also have a politically protected nexus, with sand mafias enjoying extensive protection from the parties at power. Also, administrative bodies such as pollution control boards, district collectors, or mining departments often have too few staff, inadequate funding, or a lack of transparency. However Western countries like US, UK and Australia have wellestablished, independent environmental agencies, strong judicial systems, and a culture of compliance with environmental laws. They also use technological substitutes and proper land usage plans to curb the issue of illegal sand mining.³  

1)  Zhang Li, “River Sand Mining Management in China,” Journal of Environmental

Management 264 (2020) 

2)  Y. Liu et al., “Illegal Sand Mining in China: Environmental and Policy Implications,”

Resources Policy 72 (2021) 

3)  Organisation for Economic Co-operation and Development (OECD), Environmental

Performance Reviews: Australia (2020)

9.  Conclusion

Illegal sand mining goes beyond unlawful extraction, but acts as a harbinger of our fragile environmental systems and institutions. It has been established that the cause for this illegal activity is not just demand for sand, but also suggests weak political and administrative system, often overlooking the plight of the workers who depend on this work for survival. Over time, there has been a consolidated network of actors who operate under broad daylight, carrying out such illicit activities. A closer look at how other countries handle the issue suggests that it is possible to curb the practice, without letting it become a criminal economy. In India and elsewhere, this can be brought about by developing stronger rules, institutions and enforcement.¹ Solving this issue requires to look beyond just collecting fines and conducting raids. It is about rebranding and rebuilding institutions that administer justice. It helps to ensure that those who illegally mine sand are provided better economic alternatives to sustain themselves. Further transparent licensing systems and community-led monitoring. Ultimately, the future of sand mining in India depends on whether the major stakeholders are willing to let go of their ego, and come together to resolve this crisis. If reforms in the mining laws and overall system of governance are carried out, India can break the shackles of illegal mining and soar for the skies.² 

 References 

1)  NITI Aayog, Resource Efficiency Strategy for India (2019)

2)  World Bank, Future of Construction: Global Demand for Sand (2020) 

[1] ) UNEP, Global Environmental Outlook (2021).

[2] ) MoEFCC, Enforcement & Monitoring Guidelines for Sand Mining (2020).

[3] ) Mines and Minerals (Development and Regulation) Act, No. 67 of 1957 (India).

[4] ) MoEFCC, Sustainable Sand Mining Management Guidelines (2016).

[5] ) S. Rege, “The Nature of Illegal Sand Mining in India,” Economic & Political Weekly 

(2019)

[6] ) MMDR Act, No. 67 of 1957 (India).

[7] ) Comptroller and Auditor General of India (CAG), Performance Audit of Sand Mining (2017–2023)