Abstract
India does not have an appropriate policy framework for the ASM sector. For the most part it is neglected, with several artisanal mines and activities even labelled “illegal”. The neglect, coupled with criminalization, creates barriers for an effective environmental management strategy. The complex legal framework for mineral ownership, mining and environmental regulation, bring with them another set of challenges. This paper examines in detail the environmental regulatory framework for ASM. I also unpack the assumptions informing the environmental regulatory framework, arguing that they primarily inform the medium and large- scale mining (LSM) sector without being tailor made for the needs of the ASM sector. I argue this in the context of India, attempting to point out the specific challenges for the ASM sector and the possible ways forward in rethinking the framework.
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