Shifting Sands: Can PESA Save Jharkhand’s Rivers From Death Knell?

Ranchi, Jharkhand: Rohit Surin (35) does not need an expert opinion to assess the state of River Chhata that flows through his native Torpa town in the predominantly tribal Khunti district of Jharkhand. The river, once brimming with water, is now a pale shadow of its glorious self.

“Illegal sand mining is going on in our area in the dark of the night. We have been protesting against it for a long time, and the gram sabha has strongly opposed it. We are continuously corresponding with the government officials to control mining,” Surin said exasperatedly.

The block panchayat chief of Torpa, Surin added that uncontrolled sand mining was upsetting the environmental balance. “It is the sand that stops water in the river and helps maintain the water level. Removing sand lowers the water level,” he noted.

Sand mining is one of the hotly debated topics in Jharkhand, especially during the monsoon months when sand mining from the state's rivers is banned from June 10 to October 15 as per the National Green Tribunal orders. Already there is a huge shortage of sand in the state, so mining ban aggravates the situation.

There are two categories of sand ghats in Jharkhand. Category-1 ghats are managed by gram sabha, panchayat or panchayat samiti, as per the guidelines of the Jharkhand State Sand Mining Policy, 2017. The sand reserves of rivers and streams in areas coming under panchayats are exempted from mining lease and its control comes under panchayats.

The sand taken can be used only by people of that particular panchayat area for domestic work, community work, or under government schemes. The panchayats charge a nominal fee of Rs 100 for sand lifting. It is kept free from tax and royalty. The sand lifted under category-1 cannot be stored or transported to places outside that panchayat. Also, machines cannot be employed for extraction. The needs of the state's nearly 4,500 panchayats cannot be met from the total 235 category-1 ghats controlled by panchayats.  

Sand stockyard in the village (Photo - Rahul Singh, 101Reporters) .

Category-2 sand ghats are commercial ghats and reserves managed by the state government through Jharkhand State Mineral Development Corporation Limited (JSMDC). They are allotted through JSMDC for a minimum period of five years. The number of category-2 sand ghats is almost double of category-1. However, only 23 of the total 444 such ghats are functional.

In tribal areas coming under the provisions of the Panchayats (Extension to the Scheduled Areas) Act (PESA), 1996, gram sabha approval is necessary to start sand mining. However, gram sabhas do not give approval in most cases. Secondly, there is difficulty in getting environmental and other clearances. A government reply in the State Assembly on July 31, 2024, stated that JSMDC has executed agreements with 148 mining developers and operators, of which only 35 have received environmental clearance from the State Level Environment Impact Assessment Authority.

As many as 14 out of the total 24 districts and 2,027 out of the total 4,402 panchayats in the state are tribal areas falling under PESA. According to JSMDC sources, Khunti district faces the most problems due to not getting approval from the gram sabha citing environmental concerns.

Acknowledging the concerns of gram sabhas, State Mines Director and JSMDC Managing Director Shashi Ranjan told 101Reporters that the PESA rules have not been framed in Jharkhand yet, hence gram sabhas are conducted in the same way in scheduled and non-scheduled areas. "When PESA rules are made, we will follow its provisions in scheduled areas,” he added.

Balram, an expert in panchayati raj affairs, criticised the state government for its inability to frame PESA rules for the last 24 years. “If PESA guidelines are implemented in the state, panchayats and gram sabhas in at least the scheduled areas will become more empowered. They will be able to manage their resources better and stop illegal mining,” he hoped.

On the complaint of water level going down in Torpa, JSMDC Ranchi sand mining section in-charge officer Karun Kumar Chandan told 101Reporters, "Sand is mined in accordance with the environmental permission from the Ministry of Environment, Forest, and Climate Change."

In this regard, Surendra Kumar Dinkar, Executive Engineer, Public Health Engineering Department, Khunti district, told 101Reporters that since sand stores water, its mining should not happen in places from where the department gets water for supply in rural areas.

The cost of illegal mining

Illegal sand mining has been increasing in Jharkhand, which reflects on both the FIRs filed and environmental damage caused. A question-answer session during the monsoon session of the State Assembly this year noted that 1,189 vehicles were seized, 301 FIRs were registered and a fine of Rs 256.62 lakh was collected in just a matter of three months (April to July) in the 2024-25 fiscal.

A police station in-charge of Khunti district, on condition of anonymity, said that they faced lack of coordination in curbing illegal excavation and transportation of sand. “We depend on the mining department and its circle officer for further action in this matter, but many times we have to face indifference on their part. Moreover, Khunti was a Naxal-hit area in the past.”

At present, Dormaa sand ghat covering 5.04 hectares in River Chhata in Torpa block is the only valid category-2 sand ghat in Khunti district. However, illegal mining is rampant in Bakaspur, Kauakhap (Karra block), Barkuli, Churgi, Diyakhel (all three in Torpa block) and Jarakhel (Rania block). This correspondent visited Kauakhap, situated amid the forest on the banks of River Karo, and saw heaps of sand and marks of tractor wheels at many places. According to sources in the Khunti Mining Department, Kauakhap is not a sand ghat. It is a forest area and raids are often conducted there.

Action was taken against illegal trade and collection of sand in Bakaspur village, eight km from Kauakhap and falling in Karra block of Khunti district. This village is also situated on the Karo banks.

Illegal trade and collection of sand in Bakaspur village, eight km from Kauakhap (Photo - Rahul Singh, 101Reporters).

"We take action under the Indian Forest Act in case of lifting of sand from the forest area and causing damage to the forest,” Khunti's District Forest Officer Dilip Yadav told 101Reporters, when asked about illegal mining. In 2023, 11 FIRs were registered in such cases in Khunti Forest Division. In 2024, five FIRs were registered till August 23.

In Khunti district alone, 3.5 lakh CFT of sand was seized from April to August this year and a revenue of Rs 1.10 crore was collected from the auction of three lakh CFT of the seized sand. Anyone can participate in the auction of seized sand, but he has to sell that sand within a month. However, under the guise of invoices for the sand received from auction, the sand mafia tries to sell illegal sand as well.

Sometimes, unwary residents are caught in the web of illegal sand mining, especially as there is an increasing trend of building pucca houses under Pradhan Mantri Awas Yojana and Jharkhand government’s Abua Awas Yojana. Shivram Oraon (26) of Patratu Navatoli village of Kisco block of Lohardaga is one such person.

On September 2, Senha Police seized his sand laden tractor at Medho near River Koel. “I was not aware of the sand lifting ban in monsoon months,” he said dejectedly. “I was not taking sand to sell it. I wanted to plaster my house being built under a government scheme,” he added.

This correspondent saw the lifting and transportation of sand from rivers at many places during the ban period of August and September. The price of a tractor load of sand is Rs 2,000, but it doubles in the monsoon months.    

There are 31 category-1 ghats in Lohardaga district, but they cannot meet the increasing needs of the rural population. Not a single category-2 ghat in the district is currently operational.  

"We do not have a single commercial ghat in operation right now. There are 17 commercial ghats in our district, of which 13 have been auctioned recently. Sand mining will begin only after completing the environment clearance and other processes. We will soon auction the rest four ghats,” Rajaram Prasad, District Mining Officer, Lohardaga, told 101Reporters.

Right now, Oraon is making rounds of Senha Police Station and Lohardaga District Mining Office to get his tractor released. He has no idea that a free sand distribution scheme was recently launched in the state to cater to the increasing construction demand and to stem illegal mining.

Chief Minister Hemant Soren launched the free sand scheme for non-tax payers in the state from August 1 to December 31, 2024. For this, the user has to contact JSMDC, an identity card has to be created online and the reason for sand requirement should be explained. A user can get a maximum of 2,000 CFT or 20 tractors of sand.

However, India Sand Watch founder Siddharth Aggarwal felt that common people may face technical problems due to the online process. "Before Jharkhand, Andhra Pradesh had launched its free sand scheme. What is important is how such a scheme is designed and how it benefits not only the non-tax payers, but also the below poverty line population who get housing benefits from the Central and state governments,” Aggarwal noted.

(Rahul Singh is a Jharkhand-based freelance journalist and a member of 101Reporters, a pan-India network of grassroots reporters.)