DRAFT GEO-HERITAGE SITES AND GEO-RELICS (PRESERVATION AND MAINTENANCE) BILL, 2022
News: Draft
Bill vests powers entirely in Geological Survey of India, say experts
What's in the news?
● A
draft Bill, aimed at protecting India’s geological heritage that includes
fossils, sedimentary rocks, natural structures, has raised alarm in India’s
geo-sciences and palaeontology community.
What's in the news?
● The
draft Geo-heritage Sites and Geo-relics (Preservation and Maintenance) Bill,
2022, while deemed necessary by several researchers, vests powers entirely in the Geological Survey of India (GSI), a
170-year-old organization that comes under the Ministry of Mines.
Need of the Bill:
● “Geoheritage”
is a generic but descriptive term
applied to sites or areas of geologic features with significant scientific,
educational, cultural, or aesthetic value.
● Geoheritage
sites serve the public interest.
● These
sites are critical to advancing
knowledge about natural hazards, groundwater supplies, soil processes,
climate and environmental changes, evolution of life, etc.
● The
Geological Survey of India has declared
32 geo-heritage sites. These includes
○ Siwalik
Fossil Park, Himachal Pradesh.
○ Stromatolite
Fossil Park, Jhamarkotra Rock Phosphate deposit, Udaipur, Rajasthan.
○ Akal
Fossil Wood Park, Jaisalmer, Rajasthan.
● The
dilapidated state of many of these places shows the need for a geo-heritage
Bill.
● Currently, there is no
legislation for the protection of geo-heritage sites in India.
● Due
to this, the sites are threatened with destruction due to decay, population
pressure, and changing social and economic conditions.
● India
being a signatory to the UNESCO
Convention concerning the Protection of the World Cultural and Natural
Heritage, since 1972, there is a specific need of a law protecting geo heritage
sites.
● Hence,
the Ministry of Mines introduced the draft Geo-Heritage Sites and Geo-relics
(Preservation and Maintenance) Bill, 2022.
Objectives:
● Protect and preserve
the geo-heritage sites and geo-relics of national importance in India.
● Empower the central
government to identify, declare, acquire, preserve,
and maintain geo-heritage sites and geo-relics.
● Ensure
that the valuable geological specimens and formations are not damaged or destroyed by human activity or natural disasters.
● Promote research,
education, and awareness about the significance
and value of geo-heritage sites and geo-relics.
● Provide a legal framework
for the protection and management of geo-heritage sites and geo-relics, to
ensure their long-term preservation and maintenance.
Key Features of the Bill:
1. Definition of geoheritage and geo-relics sites:
● Geoheritage sites
as “sites containing geo-relics and phenomena, stratigraphic type sections,
geological structures and geomorphic landforms including caves, natural
rock-sculptures of national and international interest; and includes such
portion of land adjoining the site,” that may be required for their
conservation or to access to such sites.
● Geo-relics
are defined as any relic or material of geological significance or interest
like sediments, rocks, minerals, meteorites or fossils.
2. Declaration of geoheritage sites:
● The
central government may declare a
site as a Geoheritage site of national importance.
● Geoheritage
sites must contain features of geological significance, such as geo-relics or
natural rock sculptures.
● Geo-relics
are movable relics such as fossils or meteorites.
3. Protection of geoheritage sites:
● The
draft Bill empowers the central government to acquire, preserve, and maintain
geoheritage sites.
● The
Director General of the Geological
Survey of India will be given powers for this purpose, such as surveying
and excavation.
● Construction
on these sites will be prohibited
upto 100 metres from the site.
● However,
it may be authorized by the Director General to preserve the site or to repair
a structure that predates the declaration of the site.
4. Protection of geo-relics:
● The
Central Government may declare that a geo-relic cannot be moved from its site,
by notification, unless permitted by the Director General.
● The
Director General may direct the
acquisition of a geo-relic to protect it.
5. Offences and penalties:
● Offences
under the Bill includes
○ destruction
or misuse of a geoheritage site.
○ illegal
construction.
○ damaging
or illegally moving a geo-relic.
● These
offences are punishable with a fine of up to five lakh rupees or imprisonment
of up to six months, or both.
6. Compensation to the land owners:
● Provision
is made for compensation to the owner or
occupier of land who incurs loss or damage from the land due to the
exercise of any power under this Act.
● The
market value of any property will be ascertained in accordance with the
principles set out in the RFCTLARR Act.
Concerns in the Bill:
1. Narrow definition of “geo-relics”:
● The
bill defines “geo-relics” as movable geological specimens, but does not include
other important geological features, such as geological formations or landscapes.
2. Excessive powers vested to GSI:
● Experts
have criticized the draft bill for vesting exclusive powers in the GSI, without any role for state geological
departments or universities.
● The
GSI will be responsible for identifying, declaring, acquiring, preserving, and
maintaining geo-heritage sites and geo-relics.
3. Issues with local communities:
● GSI
has the authority to acquire any material of geological significance, including
sediments, rocks, minerals, meteorites, and fossils, as well as sites of
geological importance.
● The
issue of land acquisition for the purpose of safeguarding these sites could
also lead to issues with local communities.
4. Need of more inclusive body:
● Critics
are demanding a more inclusive body, on the lines of a National Geoheritage Authority, that can, more democratically,
decide on declaring sites as being of ‘geohistorical’ importance and how best
to preserve artefacts and finds.
5. Lack of public participation:
● The
bill has been criticized for lacking any legal framework for the involvement of
local communities or civil society organizations in the protection and
management of geo-heritage sites.
6. Lack of transparency:
● The
bill has been criticized for lacking transparency and public consultation, with
some experts suggesting that it should be redrafted to ensure a more
participatory and inclusive approach to the protection and management of
geo-heritage sites.
WAY FORWARD:
1. Inclusion of state geological departments and
universities:
● The
bill should include the participation of state geological departments and
universities in the identification, declaration, acquisition, preservation, and
maintenance of geo-heritage sites and geo-relics.
2. Public participation:
● The
bill should be amended to include a legal framework for the participation of
local communities and civil society organizations in the protection and
management of geo-heritage sites.
3. Accountability and oversight:
● The
bill should be revised to include provisions for greater accountability and
oversight of the GSI, to ensure that its powers are not misused or abused.
4. Expanded definition of “geo-relics”:
● The
bill should be amended to include a broader definition of “geo-relics” that
encompasses a wider range of important geological features.
5. Wider consultation:
● The
drafting and implementation of the bill should be made more transparent and
inclusive, with greater consultation with all stakeholders to ensure that their
interests are adequately represented.
Go back to basics:
GSI:
● It
was set up in 1851 primarily to find
coal deposits for the Railways.
● Over
the years, it has not only grown into a repository
of geo-science information required in various fields in the country but
has also attained the status of a geo-scientific
organization of international repute.
● The
main functions of the GSI relate to creation and update of national
geo-scientific information and mineral resource assessment.
● It
is headquartered in Kolkata and has six regional offices
located at Lucknow, Jaipur, Nagpur, Hyderabad, Shillong and Kolkata. Every
state has a state unit.
● Presently,
GSI is an attached office to the Ministry
of Mines.