What Happened
- Following the explosion that killed 27 miners in an illegal rat-hole mine at Mynsyngat village, East Jaintia Hills, on 5 February 2026, the Meghalaya government ordered a sweeping crackdown on illegal coal mining across the state.
- The District Magistrate of East Jaintia Hills issued a prohibitory order under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), banning all illegal mining, transportation of coal without valid documents, and related activities.
- A similar prohibitory order was issued by the District Magistrate of West Jaintia Hills.
- Police shut down more than 34 illegally operated mines and seized over 3,500 metric tonnes of illegal coal, 204 gelatine sticks, and 63 detonators; 30 FIRs were registered.
- The Meghalaya High Court expressed "strong exception" to the persistent defiance of mining bans and ordered the immediate arrest of the mine owners responsible for the fatal explosion.
- The Meghalaya government announced a judicial inquiry into the incident.
Static Topic Bridges
National Green Tribunal (NGT) and Environmental Enforcement
The National Green Tribunal, established under the NGT Act, 2010, is a specialised judicial body for the effective and expeditious disposal of cases relating to environmental protection, conservation of forests, and enforcement of environmental laws. It has original jurisdiction over matters involving substantial questions relating to the environment.
- The NGT was established on 18 October 2010 under the National Green Tribunal Act, 2010; India is the third country (after Australia and New Zealand) to set up a specialised environmental tribunal.
- The NGT's 17 April 2014 order banned all rat-hole mining in Meghalaya, citing it as "unscientific and illegal" and ordering the Chief Secretary and DGP to ensure compliance.
- The tribunal has powers to impose penalties and direct remedial measures; non-compliance with its orders can lead to contempt proceedings.
- Despite the 2014 ban, enforcement has been weak: subsequent NGT-appointed committees (notably the Justice B.P. Katakey panel) have repeatedly flagged continuing illegal mining in East Jaintia Hills.
- The NGT exercises jurisdiction over seven environmental statutes including the Environment Protection Act, 1986, the Forest Conservation Act, 1980, and the Water (Prevention and Control of Pollution) Act, 1974.
Connection to this news: The February 2026 tragedy has reignited questions about the effectiveness of NGT orders when state-level enforcement remains inadequate, and the High Court's intervention signals judicial frustration with 12 years of non-compliance.
Bharatiya Nagarik Suraksha Sanhita (BNSS) — Section 163
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure (CrPC), 1973, came into effect on 1 July 2024. Section 163 of the BNSS corresponds to Section 144 of the erstwhile CrPC and empowers District Magistrates to issue orders in urgent cases of nuisance or apprehended danger.
- Section 163 of BNSS empowers a District Magistrate, Sub-Divisional Magistrate, or any Executive Magistrate specially empowered by the State Government to issue orders directing any person or the public to abstain from certain acts, where there is sufficient ground for proceeding and immediate prevention or speedy remedy is desirable.
- Such orders can remain in force for a maximum period as specified by law and can be extended with the approval of the State Government.
- Section 163 of BNSS (like Section 144 CrPC) is a preventive provision, not punitive; it is intended to prevent breach of peace or public danger.
- The BNSS replaced the CrPC as part of the trio of new criminal laws enacted in 2023 (alongside the Bharatiya Nyaya Sanhita and the Bharatiya Sakshya Adhiniyam).
Connection to this news: The District Magistrates of East and West Jaintia Hills invoked Section 163 of BNSS to impose an immediate ban on all illegal mining and coal transportation in their jurisdictions, demonstrating the use of this executive power in an environmental emergency.
Mine Safety Regulation in India
India's regulatory framework for mine safety encompasses multiple statutes and agencies designed to prevent accidents, protect workers, and ensure scientific mining practices. Despite this framework, enforcement gaps have contributed to recurring mining disasters, particularly in states with extensive unregulated mining.
- The Mines Act, 1952, governs safety, health, and welfare of workers in mines and is administered by the Directorate General of Mines Safety (DGMS) under the Ministry of Labour and Employment.
- The MMDR Act, 1957, regulates the development and regulation of mines and minerals under the control of the Union; mining leases require prior approval of the Central Government for major minerals.
- The Coal Mines (Special Provisions) Act, 2015, governs allocation of coal mines; all coal mining requires a valid licence or lease.
- The DGMS is empowered to inspect mines, investigate accidents, and order closure of unsafe mines; however, its jurisdiction is limited to legally operating mines.
- Illegal mines, by definition, fall outside the regulatory ambit of DGMS, creating a gap where the most dangerous mining operations receive the least safety oversight.
Connection to this news: The Meghalaya rat-hole mines operate entirely outside India's mine safety regulatory framework; the DGMS has no jurisdiction over illegal operations, leaving enforcement to state police and district administration, which have proven inadequate.
Key Facts & Data
- 27 killed, 9 injured in the Mynsyngat mine explosion, East Jaintia Hills (5 February 2026).
- Crackdown seizures: 3,500+ metric tonnes of illegal coal, 204 gelatine sticks, 63 detonators; 30 FIRs registered; 34+ mines shut down.
- NGT ban on rat-hole mining: 17 April 2014, upheld in 2015.
- Section 163 of BNSS (corresponding to Section 144 CrPC) invoked for prohibitory orders in East and West Jaintia Hills.
- Estimated 22,000 illegal rat-hole mine openings in East Jaintia Hills district.
- The Meghalaya government subsequently seized 6,904 metric tonnes of illegal coal from 21 locations across the state.
- Key regulatory bodies: NGT (environmental orders), DGMS (mine safety), District Magistrate (executive orders under BNSS).
- New criminal laws effective from 1 July 2024: BNSS replaced CrPC, BNS replaced IPC, BSA replaced Evidence Act.