Odisha to stick to its stand on gram sabha for 12 villages

Business Standard, July 5, 2013
Will decide the fate of bauxite extraction from the ecologically sensitive hills

The Odisha government has decided to go ahead with its previous decision to hold palli sabhas in 12 villages on Niyamgiri hill slopes in Rayagada and Kalahandi districts to decide the fate of bauxite extraction from the ecologically sensitive hills.

 

The state government stuck to its decision after the advocate general (AG) advised to conduct gram sabhas in 12 villages, in concurrence with the views given earlier by the law department.

 

"The AG after an interpretation of the Supreme Court order dated April 18 has advised us to hold the gram sabhas in 12 villages. He has advised us to intimate the decision to the Union ministry of tribal affairs (MoTA) which  will be done by Monday. If MoTA needs any further clarification, they can approach the apex court”, said a top government official.

 

Asked if the state government would seek more time from the apex court to complete gram sabha proceedings, he said, “There is no need to ask for additional time as we will be completing the gram sabha proceedings in the stipulated time. We got a certified copy of the apex court order on June 1 and decision making by the gram sabhas will complete by the end of August. The gram sabha proceedings will then be sent to the Union ministry of environment & forests (MoEF) through the state forest & environment department.”

 

The gram sabhas will be held in seven villages of Rayagada district and five villages in Kalahandi district. The village assembly meetings beginning at Serajpadhi village in Rayagada district on July 18 will stretch up to August 19 at Jorapa village in the same district.

 

"Notices have been issued to sarpanchs of all 12 villages to start gram sabh proceedings”, said state minister for SC & ST development Lal Bihari Himirika.

 

In Rayagada district, the gram sabhas are slated to be held at Serajpadhi, Keskapadhi, Batodi, Khambasi, Jorapa, Lamba and Lakhpadar. Similarly, the villages identified for gram sabhas in Kalahandi district include Tadijhola, Palbari, Phuldeemer, Jurpa and Kunakada.

 

The MoTA had recently flayed the state government for limiting gram sabahs to only 12 villages, arguing that it is not in sync with the Supreme Court (SC) order.

 

“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 who have 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 Odisha chief secretary recently.

 

Union tribal affairs minister  V Kishore Chandra Deo also objected to limiting gram sabhas to only 12 villages pointing out that the spiritual and emotional bonding to Niyamgiri of Dongaria Kondhs is not limited to only these 12 villages. The minister had written to Odisha Governor S C Jamir, stressing on safeguarding the constitutional protection guaranteed to the tribals and inhabitants of Rayagada and Kalahandi districts which are located in Schedule V areas.