coal1Text of the submission on the implementation of the Coal Mines (Special Provisions) Ordinance, 2014 ,promulgated on October 21, 2014, and the Draft Rules issued on November 19, 2014 by Mines, Minerals and People (MM&P), an alliance of over 180 mining affected communities and support groups, and National Coal and Thermal Power Gatherings, a process which is looking at the human and environmental costs of coal mining and thermal power projects:

The number of affected people are so large and widespread, and are unaware of the implications of the auctions proposed by this ordinance, which will completely deny their fundamental rights. Further, “It must now be regarded as well-settled law where a person who has suffered a legal wrong or a legal injury or whose legal right or legally protected interest is violated, is unable to approach the court on account of some disability or it is not practicable for him to move the court for some other sufficient reasons, such as his socially or economically disadvantaged position, some other person can invoke the assistance of the court for the purpose of providing judicial redress to the person wronged or injured, so that the legal wrong or injury caused to such person does not go unredressed and justice is done to him” (1981) Supp. SCC 87.

The ordinance is inconsistent with Article 13 (Laws inconsistent with or in derogation of the fundamental rights): “All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void. The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void. In this article, unless the context otherwise required, ‘law’ includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law.”

The ordinance clearly favours specific segment of the society without providing Article 14 {Equality before law}: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” Read more

Courtesy: www.counterview.org

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