Ignoring objections by the Union Ministry of Tribal Affairs, the Odisha government on Friday announced dates for conducting Gram Sabhas in 12 villages of Kalahandi and Rayagada districts to decide fate of the proposed bauxite mining for Vedanta atop Niyamgiri Hills.
“We have decided to hold Gram Sabha in 12 hill slope villages as per the April 18 Supreme Court order. While Gram Sabha will be held between July 18 and August 19 in seven villages of Rayagada district, similar exercise will be done between July 23 and 30 in five villages of Kalahandi district,” Odisha’s ST and SC development minister L B Himirika told reporters in Bhubaneswar.
To a question, Mr. Himirika said the state government had earlier decided to hold Gram Sabha in 12 limited villages and it would implement it. “We are going by the Apex Court’s order,” Mr. Himirika said sidestepping a question on the MoTA’s objection.
On April 18, the Supreme Court order asked the state government to hold gram sabhas to decide the fate of Vedanta’s plan to mine at Niyamgiri.
“We need at least 50 per cent attendance to conduct a gram sabha. One-third of them should be women. If quorum is not achieved, the gram sabha will be cancelled and conducted later,” Rayagada district collector Sashi Bhusan Padhi said.
Meanwhile, Odisha’s Advocate General (AG) in a report supported the state government’s decision in 12 hill slope villages of Niyamgiri. The state government had sought Law department and AG’s views on objections raised by MoTA.
Earlier, Union Minister of Tribal Affairs V Kishore Chandra Deo had said that limiting Gram Sabha proceedings to only 12 villages was not in accordance with the Supreme Court order dated April 18 and directions issued by the ministry under Section 12 of Forest Right Act (FRA).
Mr. Deo had also written a letter to Governor S C Jamir seeking his intervention in the matter, saying the areas where gram sabhas are proposed to be held fall under Schedule V categoty.
“The list of villages where rights of forest dwellers are guaranteed under the FRA or where cultural and religious rights are likely to be affected cannot be arbitrarily decided by the state government. It is to be decided by the people (Palli Sabha) where claims would be filed through a transparent manner so that no genuine Gram Sabha which has a legitimate claim is left out of the process. This is in line with Para 59 of the apex court judgement,” Vibha Puri Das, secretary, MoTA, had written to the state chief secretary recently.
The Ministry clarified that it had received several claims under FRA for various rights, including religious and cultural rights claimed over Niyamgiri forests and sacred areas from villages over and above the 12 villages selected by the state government.
It shows that Niyamgiri forests are shared by not just 12 villages, but many other villages in Kalahandi and Rayagada districts too share religious and cultural rights over Niyamgiri, the ministry observed.
Referring to Para 53 and 54 of the Supreme Court (SC) judgement, the MoTA letter said, “Such observations cannot be interpreted to assess the number of villages that need to be considered for recognition and vesting of claims under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Right) Act-2006.”
The Supreme Court in its order had directed the state government to complete Gram Sabhas within three months to get the mandate of the local people regarding the mining project.
The judgement had also called for considering all claims on community, individual, cultural and religious rights of the local inhabitants.
Published - July 05, 2013 05:12 pm IST
