​Green washing: On the Supreme Court, mining in the Aravallis

Context & The Gist

The article discusses the recent Supreme Court order regarding mining in the Aravalli region and the ensuing controversy. This comes in the wake of concerns over rampant mining contributing to ecological damage, groundwater depletion, and air pollution. The core issue is the lack of transparency and trust in the government’s handling of environmental issues, particularly concerning the definition of the Aravalli range itself and the balance between developmental needs and ecological preservation.

The Supreme Court has paused fresh mining leases until a sustainable mining plan is in place, acknowledging the conflict of interest faced by states reliant on mining revenue. However, the article highlights a trust deficit, as the Court’s reasoning for accepting one definition of the Aravalli over another remains unclear, raising questions about the objectivity of the process.

Key Arguments & Nuances

• The Development vs. Environment Dilemma: The Court recognizes India’s need for minerals but acknowledges the ecological cost of mining in the Aravalli. The pause on mining is not a complete ban, reflecting the attempt to balance these competing interests.
• State Revenue & Enforcement Capacity: The article points out that states often lack the capacity to effectively enforce environmental regulations due to conflicts of interest stemming from mining revenue.
• The Aravalli Definition Controversy: The disagreement over defining the Aravalli – based on height above ‘local relief’ – reveals a lack of transparency. The Court’s acceptance of the Attorney Solicitor General’s argument without clear reasoning fuels distrust.
• Reforestation Limitations: The article emphasizes that reforestation cannot fully compensate for deforestation, challenging the notion that afforestation can offset the ecological damage caused by mining.
• Trust Deficit: The central argument revolves around the lack of public trust in the government’s environmental policies, exacerbated by its perceived poor performance in addressing air pollution.

UPSC Syllabus Relevance

• GS Paper 2: Governance – Issues relating to development and management of the Environment, including conservation.
• GS Paper 3: Economy – Mineral resources, their distribution, utilization, and associated challenges.
• GS Paper 3: Environment – Conservation, environmental pollution and its remedies.

Prelims Data Bank

• Aravalli Range: Extends approximately 700 km across Gujarat, Rajasthan, Delhi, and Haryana.
• Forest Survey of India (FSI) Estimate (2010): Defining Aravalli based on 100m height would exclude 92% of the hills.
• Article 48A (Directive Principle of State Policy): The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.
• Environment (Protection) Act, 1986: Provides a framework for the protection and improvement of the environment.

Mains Critical Analysis

The issue of mining in the Aravalli highlights a complex interplay of environmental, economic, and governance challenges. A PESTLE analysis reveals the following:

• Political: The conflict between state revenue generation and environmental protection, coupled with a lack of political will for stringent enforcement.
• Economic: The demand for minerals for infrastructure development versus the economic costs of ecological degradation (e.g., water scarcity, air pollution).
• Social: Impact on local communities dependent on the Aravalli’s ecosystem services, and the broader public health implications of environmental damage.
• Technological: The need for advanced geological surveys and sustainable mining technologies.
• Legal: Ambiguity in defining the Aravalli range and the interpretation of environmental regulations.
• Environmental: Groundwater depletion, deforestation, biodiversity loss, and air pollution.

A critical gap lies in the lack of transparency in decision-making. The Court’s acceptance of the Attorney Solicitor General’s argument without clear justification erodes public trust and undermines the credibility of environmental policy. This lack of transparency extends to the data used to define the Aravalli range, creating a situation where decisions are based on contested information.

The implications are far-reaching. Continued unsustainable mining will exacerbate environmental problems, impacting water resources, air quality, and biodiversity. This, in turn, will have negative consequences for public health and economic sustainability.

Value Addition

• Central Empowered Committee (CEC): A 2018 CEC survey revealed that the Aravalli range has already lost a quarter of its hills.
• Aravalli Landscape Restoration Action Plan (May 2023): The Environment Ministry’s own plan highlights the need to protect the Aravalli against deforestation, mining, and encroachment.
• M.C. Mehta v. Union of India (1996): Landmark case establishing the ‘polluter pays’ principle and emphasizing the need for environmental protection.

Context & Linkages

This past article directly precedes the current debate, detailing the initial Supreme Court decision influenced by the Environment Ministry’s panel recommendation to define the Aravalli based on a height filter. It highlights the potential for significant reduction in the protected area and the disregard for previous FSI guidelines and Court rulings. The current article builds upon this context, focusing on the lack of transparency surrounding the Court’s reasoning and the broader trust deficit.

This article discusses the Supreme Court’s recall of its earlier verdict against post-facto environmental clearances. This is relevant as it demonstrates a pattern of the Court revisiting environmental protections, potentially weakening environmental safeguards. The current article on Aravalli mining fits into this broader trend of questioning the strength of environmental jurisprudence.

This article highlights the dangers of illegal quarrying and the lack of safety measures in mining operations, exemplified by the Obra quarry collapse. It underscores the systemic issues within the mining sector, including inadequate geological studies and negligence of safety protocols, which are relevant to the concerns raised about mining in the Aravalli.

The Way Forward

• Transparency & Data Disclosure: Make all data and reasoning behind decisions regarding the Aravalli publicly available.
• Independent Environmental Impact Assessments: Conduct comprehensive and independent EIAs before granting any mining leases.
• Strengthen Enforcement Capacity: Empower state governments with the resources and authority to effectively enforce environmental regulations.
• Promote Sustainable Mining Practices: Encourage the adoption of environmentally friendly mining technologies and practices.
• Community Participation: Involve local communities in decision-making processes related to mining and environmental management.
• Clear Definition of Aravalli: Establish a scientifically sound and legally defensible definition of the Aravalli range based on ecological principles, not arbitrary height limits.