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SAND MINING IN RIVERS: A PERIL

Introduction

Sand Mining is a coastal activity referring to the process of the actual removal of sand from the foreshore including rivers, streams and lakes. Sand is mined from beaches and inland dunes and dredged from ocean beds and riverbeds[i]. Sand, according to the UNEP[ii], is the second most used commodity after water.

River sand mining is the extraction of sand (and gravel) from the drainage network of a river.[iii] While mining activities to an extent can be harmless, [iv]when the extraction rate is higher than the rate of natural replenishment, problems arise[v]. Removing sediment or sand from a riverbed disrupts the natural flow of sediment, causing erosion and changes in the river channel, which can extend far downstream, sometimes over a kilometer[vi]. Since sand has been an integral part of growth of economies and essentially civilizations, its demands have increased exponentially too, leading to an unregulated extraction of sand from riverbeds.

Sand Mining has become a huge environmental crisis in India, with groundwater levels being depleted at a great level. Extreme depletion in groundwater follows with disastrous consequences, including water scarcity, droughts and issues in agriculture.

Sand mining is illegal in India and all activities on riverbeds are highly regulated considering the environmental impacts of sand mining.[vii] As per the law, prior permission has to be taken for sand mining and there has to be a valid lease for mining activities from the government. However, these laws are seldom applied in real life, as constant criticisms have been raised by environmentalists regarding the corruption taking place within the government and the implementation of the laws in place.

 Environmental Impact

Since river sand is extremely easy to work with for construction activities, as it has a lower gradation level and low permeability and is cost effective. This makes river-sand a viable option for construction purposes. However, the unsustainable extraction of sand is more harmful than beneficial.[viii] Indiscriminate mining on riverbeds causes damage to the physical environment situated near the rivers including the human settlements and causes ecological impacts leading to loss of habitat to the riverine biota. Sand mining results in the loss of habitat of the aquatic microorganisms that regulate the pH levels of the river. This results in the degradation of the biological environment of the rivers resulting in larger harm to the flora and fauna sustaining in the river. The extinction of microorganisms from a river causes an imbalance in the food-chain thereby impacting the larger organisms in the river

Mining on riverbeds causes an increase in turbidity and thus becomes a threat to the habitat of vegetation in the river.[ix] Temperature increase in river due to mining activities changes the turbidity (cloudiness) of river and dissolves oxygen which results in destruction of fish eggs,[x]. Further, mining may also result in seawater seepage to the river, leading to an increase in the salinity of the river.

Increased mining activity also changes the shape of the riverbed and impacts the course and sedimentation of the river. Prolonged mining activities deepen the river channels, thereby eroding the riverbanks, resulting in flooding.

Currently, extraction of mineral resources is only permitted to those with an active lease from the government, controlled by the Mines and Minerals (Development and Regulation) Amendment Act, 2021. [xi]

CASE STUDY – BHARATAPUZHA

Bharatapuzha is the second largest river in Kerala. Also known as the Nile of Kerala, this river  holds significant cultural and historical importance to the state of Kerala. This river is now suffering the aftereffects of Sand Mining

Bharatapuzha has been subject to indiscriminate sand mining despite measures taken by the government. Sand mafias make use of the loopholes in the laws governing illegal mining, use corruption and bribery to influence the authorities and engage in sand mining, deteriorating the River Bharatapuzha to a dangerous level. The pace of mining intensifies after rain induced floods due to the re-deposition of sand in the river system. This historical river has been exploited to the peak for corporate interests of furthering development. In Bharatapuzha River, Sand Mining is made legal by the government through Auctioning and Permit System.[xii]. However, the actual amount of mining is 10 times the permitted levels. The legal allowance is exploited resulting in irreparable damage to the ecosystem and local life. Since the 20th century, sand mining on the riverbeds has risen exponentially leading to widening of the river mouth and the river being dry almost all times of the year. The long spells of drought and unpredictability of the river extend from the degradation of the river and thus its turbulence. This also resulted in sea water in the river, increasing its salinity thereby destroying the ecosystem. [xiii]

Judicial Interventions and Relevant laws

In “Parisththi Samrakshana Sangham v. State of Kerala” the High Court of Kerala held that:

 “When the Government is presented with a choice between irreparable injury to the environment and severe damage to economic interests, protection of the environment would have precedence. No permit shall be given to any person for sand mining in the area concerned unless a sand audit is conducted. [xiv]

In “Anumolu Gandhi v. State of Andhra Pradesh”, the National Green Tribunal held that:

“…it is the duty of the Government to provide complete protection to the natural resources as a trustee of the public at large. All unregulated sand mining that is being conducted without following the prescribed procedure in the State of Andhra Pradesh should be prohibited…[xv]

The Supreme Court of India in “Deepak Kumar vs. State of Haryana”[xvi] commented on the unrestricted sand mining harming India’s rivers and riparian ecology. The increasing demand for sand due to an increase in construction activities furthers the mining activities, both legally and illegally. The court stated that the government machinery had failed to control the mining mafia and there was no effective system in place for checking illegal mining. Article 21 of the Indian Constitution Guarantees the right to life[xvii], it can also be interpreted from this article the states responsibility to ensure a safe and protected environment.[xviii] Post this judgment, new regulations on sand mining was published by the Ministry of Environment, but the state fell short in its implementation.

Article-48A, inserted by the 42nd amendment to the Constitution of India, states “Protection and improvement of environment and safeguarding of forests and wildlife- The State shall endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country”[xix]. This implies that the state must adopt policies that restrict activities which negatively affect the environment while simultaneously implementing policies to protect the environment. Sustainable Sand Mining Management Guidelines, 2016, Enforcement and Monitoring Guidelines for Sand Mining, 2020 are examples of guidelines created by the government to further environmental interests and sustainable river management.

Sand is notified as a minor mineral under Section (3e) of the Mines and Minerals (Development and Regulation) Act, 1957 and Section 4 or the above act specifies all mining without necessary permits illegal. [xx]

Alternatives to River Sand

While sand is a useful resource that can be used for further development, it is imperative that the developmental activities be conducted in a sustainable manner. Use of alternatives like Manufactured Sand (M-Sand) should ideally be the way to go to limit dependence on riverbed mining. Many countries have come forward in restricting the use of river sand by shifting to alternate forms of construction materials. China for example has suggested an alternative to create construction material from waste material. Australia has suggested the use of Manufactured Sand (M-Sand), ore, sand and mine waste[xxi].

Sand Auditing should be conducted in rivers in regular intervals to assess the environmental quality of the river. [xxii]  Sand auditing is the procedure to evaluate the process of sand mining in a river or part of the river after a specific period of mining to maintain the overall environmental quality of the river.[xxiii]

Industries can become more mindful of their environmental impact by shifting to sustainable alternatives[xxiv] that can further developmental activities without harming the environment. These include:

  1. Manufactured Sand, (man-made sand which is made from finely ground hard rock)
  2. Copper Slag, (waste from production of copper at refineries)
  3. Granulated blast furnace slag (waste that is producing during the production of steel)
  4. Bottom Ash (material produced due to coal combustion)
  5. Quarry Dust
  6. Foundry Sand
  7. Construction and Demolition Waste

 

Development, as important as it may be for the growth of the nation, should not be at the cost of destroying natural resources or aquatic habitats. River Sand as a resource can be easily substituted by various cost-effective alternatives that minimize the harm to the environment. Since sand mining cannot be completely banned due to the increasing demand of the resource, the next best alternative is regulatory measures that ensure the protection of rivers. Ensuring that the current extraction rate of sand is in balance with the river replenishment rate and creation of distance between designated areas of sand mining with respect to the replenishment rate can significantly reduce the river sand mining impacts.[xxv]

 

 

[i] EIACP, Environmental Problems of Mining (PC-RP, 2020)

[ii] United Nations Environment Programme, ‘The Problem of Our Dwindling Sand Reserves’ https://www.unep.org/news-and-stories/story/problem-our-dwindling-sand-reserves

accessed [12 March 2025]

[iii] E.S. Rentier and L.H. Cammeraat, ‘The Environmental Impacts of River Sand Mining’ (2022) Science of the Total Environment https://pubmed.ncbi.nlm.nih.gov/35569654/ accessed 12 March 2025.

[iv] CR Hackney and others, ‘River Bank Instability from Unsustainable Sand Mining in the Lower Mekong River’ (2020) 3(3) Nature Sustainability 217 https://doi.org/10.1038/s41893-019-0455-3 accessed 12 March 2025.

[v]  E.S. Rentier and L.H. Cammeraat, ‘The Environmental Impacts of River Sand Mining’ (2022) Science of the Total Environment https://pubmed.ncbi.nlm.nih.gov/35569654/ accessed 12 March 2025

[vi] Ministry of Environment, Forest and Climate Change, Sustainable Sand Management Guidelines (2016)

[vii] Sreebha S and Padmalal D, ‘Environmental Impact of Sand Mining’ (2008) Environmental Sciences Division, “Centre of Earth Science Studies

[viii] Farooq, ‘What is the Role of River Sand in Construction?’ (1 March 2024) https://www.alphasand.in/blog/what-is-river-sand

accessed [12 March 2025]

 

[ix] ‘WFD 2020: Impacts of River Sand Mining on Riverine Fisheries’ (ANDRP, 21 November 2020) https://andrp.in/2020/11/21/wfd-2020-impacts-of-river-sand-mining-on-riverine-fisheries/ accessed 12 March 2025.

[x] South Asia Network on Dams, Rivers and People, ‘WFD 2020: Impacts of River Sand Mining on Riverine Fisheries’ (SANDRP, 21 November 2020) https://sandrp.in/2020/11/21/wfd-2020-impacts-of-river-sand-mining-on-riverine-fisheries/ accessed 12 March 2025.

[xi] Mines and Minerals (Development and Regulation) Act 1957

[xii] Lakshmi Sreedhar and Zareena Begum Irfan, Economic Incentives for the Conservation of Bharatapuzha River: Focus on Sand Mining (Madras School of Economics, Working Paper, 2016

[xiii] Moinak Maiti, ‘Economic Analysis of Sand Mining in Bharathapuzha River, Kerala, India’ (2014) 1(4) International Journal of Business Quantitative Economics and Applied Management Research https://ijbemr.com/wp-content/uploads/2014/10/Economic-Analysis-Of-Sand-Mining-In-Bharathapuzha-River-Kerala-India.pdf accessed 12 March 2025.

[xiv] Parishthithi Samrakshana Samithi v State of Kerala (2009) WPC 3128/2009 (Ker)

[xv] Anumolu Gandhi v State of Andhra Pradesh (2019) SCC OnLine NGT 1712

[xvi] Deepak Kumar v State of Haryana, (2012) 4 SCC 629

[xvii] Constitution of India art 21.

[xviii] M.C. Mehta v. Union of India (Shriram – Oleum Gas), (1987) 1 SCC 395

[xix] Constitution of India art 48A.

[xx] From Mines and Minerals (Development and Regulation) Act 1957, s 3(e), s 4 of the statute

[xxi] ‘Sand Mining in India – Grain of Despair: Failure of Regulatory Machinery’ (2023) Naveen Kumar, (SCC ONLINE)

[xxii] ‘Sand Auditing for Sustainable River Sand Mining in Kerala, India– An Overview’ (2025) 16(1) Current World Environmental Journal 45 J Shaji,

[xxiii] https://keri.kerala.gov.in/wp-content/uploads/2022/06/Exploring-Engineering-Report-Final-02.pdf

[xxiv] H.L. Dinh, J. Liu, Dominic E.L. Ong, and J.H. Doh, in their 2022 review A Sustainable Solution to Excessive River Sand Mining by Utilizing By-Products in Concrete Manufacturing, examined the potential of using by-products in concrete production as a solution to the issues caused by excessive river sand mining.

 

[xxv] E.S. Rentier and L.H. Cammeraat, in their 2022 study The Environmental Impacts of River Sand Mining, published in Science of the Total Environment, explored the environmental consequences of sand mining in rivers (available at https://pubmed.ncbi.nlm.nih.gov/35569654/, accessed 12 March 2025).

 

Author Neha Leen Wilson (24BAL097)