Economic Times, May 4, 2013
NEW DELHI: With the clock ticking, the tribal affairs ministry has set the ball rolling for village assemblies or gram sabhas to decide on allowing Vedanta to source bauxite from the Niyamgiri hills, considered sacred by the local Dongria Kondhpopulation.
The ministry has issued detailed instructions to the Odisha government to carry out the Supreme Court's order, by issuing advertisements to inform villagers, making arrangements to record their meetings, sending observers and ensuring that company representatives are kept out of village assembly meetings.
On April 18, the Supreme Court ruled that the gram sabhas of the Kalahandi and Raygadadistricts were the crucial decision-making bodies on the issue of whether mining should be allowed in the hills. The court had given a deadline of three months to the village bodies and two months for the environment ministry to decide.
In line with the apex court order, the tribal ministry has written to Odisha's SC and ST department, highlighting key paragraphs of the judgment, which "emphasise the central role of the gram sabha (which in the case of Odisha should be read as meaning Palli Sabhas) in entertaining and adjudicating upon community forest rights claims".
The state government has been asked to keep the ministry "informed regarding the steps taken" to place all forest rights and religious rights issues before the palli sabhas. The ministry has asked that advertisements be issued in all local newspapers, particularly the vernacular language ones, asking tribal and forest dwelling population living in affected districts to file their individual or community rights claim under the Forest Rights Act.
To ensure transparency and wider dissemination , the ministry has asked that a copy of the notification be sent to NGOs active in the area as well as posting the notice in all villages and settlements in the two districts. The Odisha government has been asked to prepare a list of villages and hamlets that have been traditionally using the forest, worshipping deities, collecting minor forest products and using the forest area that theOdisha Mining Corporation is seeking to take over.
This list also must be widely circulated so that all concerned villagers are able to make the requisite representations. The tribal affairs ministry has asked the state government to make all efforts to inform the local population about the SC order.
"Concerned Palli Sabhas shall be proactively sensitised regarding the SC judgment as well as their religious rights under the Panchayat (Extension to Scheduled Areas) Act and the Forest Rights Act," the ministry's letter states. Instructions also include measures to ensure that the proceeding of the village assemblies remains independent and that "people attend the meetings without any fear of influence."
The Supreme Court had directed that an officer of rank equivalent a district judge attend and verify the meeting. The ministry has suggested that in addition the state government could request the local MP and MLAs to be present.
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