Aug 2013
Something quite extraordinary is happening in Odisha’s Niyamgiri forests these days with far reaching legal and political implications. For the first time, aided by a judicial order, the tribal communities are finding their voices and asserting their rights to say ‘no’ to forcible dispossession of the forests and hills on which their very existence depends. Though laws like PESA and FRA provide adequate protection and seek to undo the “historic injustices” against the tribals, in reality the mineral-rich states in collusion with private companies continue to subvert these, driving the tribals to destitution and, in some cases, to insurgency.
The Niyamgiri saga has been one of treachery and exploitation. Official records, reports and Felix Padel-Samrendra Das’ book “Out of this Earth” throw light on how in the early years money, muscle and official machinery combined to grab land and shortchange the tribals. From fake declarations to misleading claims and denial of rights to the tribals, the administration and Vedanta worked their way through the years until the Supreme Court came in the way. The judicial order has set a powerful precedent by reinforcing the rights of the Gram Sabhas in the Scheduled Areas “to safeguard and preserve the traditions and customs of the STs and other forest dwellers, their cultural identity, community resources etc.” Though the order highlights the religious aspect of their rights more, other rights under the FRA is abysmal too: Only 176 individual rights (of 216 claims) and three community rights (of 6 claims) have been granted in Rayagada and Kalahandi districts that the Niyamgiri hills straddle. These are not even a fraction of what the large population of forest dwellers is entitled to.
This court-aided referendum will have a telling impact not only on the multinational giant Vedanta’s operations in Odisha but also, on similar projects in and outside the state. Several bauxite mining projects, for example, are going on in the adjoining Kashipur block. Irrigation projects, steel and thermal power plants etc have mushroomed in Odisha, Chhattisgarh and Jharkhand where the tribals have been denied their rights and say.
It also has the potential to bring about a real and genuine decentralization in the decision making process with the Gram Sabhas playing the deciding role. To that extent, a growth model based solely on handing over natural resources cheaply to the private entities is bound to see a paradigm shift in approach.
Something quite extraordinary is happening in Odisha’s Niyamgiri forests these days with far reaching legal and political implications. For the first time, aided by a judicial order, the tribal communities are finding their voices and asserting their rights to say ‘no’ to forcible dispossession of the forests and hills on which their very existence depends. Though laws like PESA and FRA provide adequate protection and seek to undo the “historic injustices” against the tribals, in reality the mineral-rich states in collusion with private companies continue to subvert these, driving the tribals to destitution and, in some cases, to insurgency.
The Niyamgiri saga has been one of treachery and exploitation. Official records, reports and Felix Padel-Samrendra Das’ book “Out of this Earth” throw light on how in the early years money, muscle and official machinery combined to grab land and shortchange the tribals. From fake declarations to misleading claims and denial of rights to the tribals, the administration and Vedanta worked their way through the years until the Supreme Court came in the way. The judicial order has set a powerful precedent by reinforcing the rights of the Gram Sabhas in the Scheduled Areas “to safeguard and preserve the traditions and customs of the STs and other forest dwellers, their cultural identity, community resources etc.” Though the order highlights the religious aspect of their rights more, other rights under the FRA is abysmal too: Only 176 individual rights (of 216 claims) and three community rights (of 6 claims) have been granted in Rayagada and Kalahandi districts that the Niyamgiri hills straddle. These are not even a fraction of what the large population of forest dwellers is entitled to.
This court-aided referendum will have a telling impact not only on the multinational giant Vedanta’s operations in Odisha but also, on similar projects in and outside the state. Several bauxite mining projects, for example, are going on in the adjoining Kashipur block. Irrigation projects, steel and thermal power plants etc have mushroomed in Odisha, Chhattisgarh and Jharkhand where the tribals have been denied their rights and say.
It also has the potential to bring about a real and genuine decentralization in the decision making process with the Gram Sabhas playing the deciding role. To that extent, a growth model based solely on handing over natural resources cheaply to the private entities is bound to see a paradigm shift in approach.
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