According to reports from Kozhikode in Kerala, a recent order from the State Minority Commission asserts that minority rights also apply to running quarries. The State Minority Commission issued this order to the State Environmental Impact Assessment Authority (SEIAA), which has become controversial. The Minority Commission must ensure that the constitutional rights of religious minorities are upheld. However, the Constitution does not grant any special rights to minority communities for running quarries. While minorities have constitutional rights in the education sector and to run educational institutions, the order issued by Minority Commission Chairman Adv A A Rashid extends beyond these provisions.
The order was issued on June 27, 2024. The order for MCOP number 02/2020/TVM was based on the petitioner Mathew J, a native of Thalipparambu Alakkod, Kannur district. Mathew runs a granite business in Alakkod. The respondents were the Chairman of the State Environmental Impact Assessment Authority, National Institute of Technology, Mining and Engineering Department, Prof K M Ramchander and EKSPERT Consultant Dr Sakir S Pillai. The commission order says that the petitioner has submitted all necessary documents for the Environmental Certificate and has found that he was qualified to run the quarry; hence, the permission may be granted. The petitioner argued that the State Environmental Impact Assessment Authority was the stumbling block to running his quarry. He complained that he was discriminated against while another person was permitted to run a quarry in the same area.
The petitioner argued for assurance of protection as a member of a religious minority and for equal justice and rights as enshrined in the Constitution. This is the basis for the unusual order from the Minority Commission. The Commission instructed the State Environmental Impact Assessment Authority to scrutinise the documents and issue the necessary environmental certificate within a month. Interestingly, the case related to another quarry, which the petitioner mentioned, is still pending before the Central Green Tribunal.
The State Minority Commission’s order violates the rules in three ways:
Members of religious minorities do not have a constitutional right to run quarries.
The Commission does not have the authority to issue orders to a government department to issue certificates.
The permission for the other quarry referred to by the petitioner is still pending before the Central Green Tribunal.
In other words, the Minority Commission has violated fundamental principles of the rules. This represents a dangerous trend that could have significant implications for both quarry operations and minority rights. It’s a situation that demands our attention and engagement.
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