Illegal Sand Mining in River Jhelum in Jammu and Kashmir

Environmental Law and Governance Challenges

Abstract

In Jammu & Kashmir, illegal sand mining in the Jhelum River has emerged as one of the most pressing environmental and legal governance issues. With estimated extraction volumes increasing from 0.47 million tonnes in 2021 to an alarming 1.14 million tonnes in 2023, riverbed mining- once a regulated and small-scale activity- has devolved into an unregulated, large-scale enterprise. The ecological integrity of the river has been seriously damaged by this surge, endangering public infrastructure and rural livelihoods while also causing habitat destruction, bank erosion, groundwater depletion, and increased flood vulnerability. Illegal extraction persists in spite of strong legal frameworks like the Environment (Protection) Act of 1986, the Mines and Minerals (Development and Regulation) Act of 1957, and the Jammu & Kashmir Minor Mineral Concession, Storage, and Transportation of Minerals Rules of 2016. Lax enforcement, institutional fragmentation, and the cooperation of strong sand mafias that function outside the purview of administrative oversight all contribute to the issue. The definition of “minor minerals,” statutory requirements, and enforcement shortcomings are all examined in this research paper’s critical analysis of the laws and regulations controlling sand mining in Jammu & Kashmir. It also discusses the socio-economic effects of unregulated mining, such as displacement and decreased agricultural productivity. The chapter concludes by discussing potential reform avenues, such as community-based supervision, technological monitoring, judicial interventions, and more stringent environmental clearance processes. The study promotes a rights-based and environmentally conscious approach to natural resource governance in Kashmir by bridging the legal framework with sustainable development goals and ecological justice principles.