Mining and jurisprudence: observations for India's mining sector and regulatory authorities to improve environmental and social performance
International Forum for Environment, Sustainability & Technology
Brookings Institution - Washington, DC
2020
17 p.
mining ; environmental protection ; supreme court ; judicial decision ; sustainable development ; social justice ; case law
Law
English
"Over the past decade, India's mining sector, including the non-fuel mineral sector, has been marred by countless controversies. From violation and poor implementation of regulatory requirements pertaining to environmental protection and community rights, to over-extraction and illegal sale of ores, issues have brought the sector into the limelight of policy debate. ...
This paper analyses some of the flagship judgements and directions pronounced by the Supreme Court of India with respect to non-fuel minerals over the past decade, particularly concerning environmental and community issues as these are key factors concerning the sustainability of the mining sector. The paper also highlights some of the major policy developments that followed the court's observations and directions. Finally, the paper discusses what the non-fuel mining sector must consider for adhering to the principles of sustainable development and natural justice, as it remains a critical sector in the country's economic fabric. "
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