THE RAPE OF BELLARY (KARNATAKA)

SPEECH DELIVERED BY JUSTICE N. SANTOSH HEGDE, IN COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY ON 28TH OF SEPTEMBER, 2011 The State of Karnataka is endowed with wide variety of minerals. Apart from gold, it has resources of a few other valuable minerals like iron and manganese which are in considerable deposits. The above minerals except gold are found in large quantity in the districts of Bellary, Chitradurga and Tumkur. The State is also rich in ornamental stones, clay, ochre, quartz, gemstones, copper, etc. The iron ore in the belt of Sandur is found to be of high grade with varying Fe content between 62 to 68%. Bellary district is fairly well graced with wide variety of minerals, out of which iron and manganese are major ones. Iron & Steel industry is age-old in Karnataka and the steel produced in Karnataka was known by the name Wootz. The Damascus Blades known for their strength, flexibility and sharpness are believed to have been fabricated from Wootz steel. Karnataka occupies the fourth place in iron ore resources and its production in India after Bihar, Orissa and Chattisgarh. Till the year 2000, the demand for iron ore in the form of lumps was very moderate mostly domestic companies manufacturing value added product where the customers for this type of ore. From the year 2000, the production of iron ore suddenly increased i.e., from 1000 Metric tones in 2001-02 to 41 million tones by the end of the year 2007. This increase in the production was partly due to illegal mining and also due to the demand for such type of iron ore. The demand from China popularly known as ‘China Boom’ increased the demand so much that the people involved in iron ore mining in Bellary started illegal mining in forest areas, revenue lands and even in private lands. All attempts to resist the illegal mining by officers or civil society members were put down through gratifications or muscle power. New type of mining system also came into existence whereby the original lease holder illegally transferred the lease to third parties under an agreement called “Raising Contract”. This type of contract is totally opposed to law. Even Government owned companies indulged in this type of mining activities. Also the system of mining adopted was totally contrary to the norms and guidelines laid down by the Indian Bureau of Mines. The demand for mining leases also increased knowing the profitability of the business. In some cases, minerals illegally extracted were dumped in and around agricultural plots and appeals were made from the owners of the lands for grant of transport permit on the ground that they could not carry on agricultural activities in the lands because of the “floating ore” . They sought transport permits in their name which was not permissible in law. Still, political pressures persuaded the government to grant transport permits contrary to law. Transport became another major problem, because Bellary is situated far away from the ports situated either on East or West of India. Consequent to illegal mining, the quantum of ore carried also increased tremendously. Every lorry carried ore in excess of the permissible load. Also, the number of lorries increased to over 1000 a day in both directions, from stock yard to the port and from port to the stock yard. Multiple axel vehicles were used with overloaded ore and consequently all the roads including National Highways became highly damaged. Apart from the above, the environment enroute was also damaged because of flying dust of mineral ore from open bodied vehicles, thereby causing problem to the people enroute. Agricultural activities noticeably reduced because of mining activities. Officers in the Department of Mines and Minerals, Forest, Police and Road Transport were in hand in glove in all illegal mining activities. While hillocks and greenery disappeared in the district of Bellary, water resources and wild life got adversely affected. Many special species of wild life including sloth bears and medicinal herbs also disappeared. A new system of transport was evolved by politically powerful people which was termed as “No risk transport”. By this process, the miners who wanted illegal transportation of ore to any destination, was assured by a group of people for consideration either in kind or in cash to any destination. When Karnataka Govt. imposed ban on export of iron ore from Karnataka, a new road was opened by this “no risk operators” via Andhra Pradesh for exportation from the ports of Vizag, Kakinada, Krishnapet, Chennai and Ennore. There is evidence to show that there was collusion of Andhra Pradesh officers also. The estimated financial loss for the period from 2001 to 2010 is about Rs.16,000 crores calculated very moderately, damage to ecology, environment, roads and the people was huge in and around the mines where transportation was taking place. The irregularity and greed involved in the mining in Bellary reminds me of a sentence in the Judgment of the Hon’ble Supreme Court in the case of Prawn culturing which reads “The rape, reap and run” that fits aptly to the mining in Bellary. Hence, the above title. Justice N. Santosh Hegde September 21st, 2011.