Recently, the 10th anniversary of India’s first environmental referendum was observed in which Dongoria Kondhs won a landmark legal battle in the Supreme Court against Vedanta Company’s plans to exploit the Niyamgiri Hill for bauxite. This is an important topic for the IAS exam.
Niyamgiri Case:
- The Orissa Mining Corporation Ltd (OMC) vs Ministry Of Environment & Forest was the legal battle.
- The Vedanta-OMC joint venture wanted to mine bauxite in the Niyamgiri Hills which was protested by the Dongoria Kondhs, a PVTG from Rayagada in Odisha.
- The company wanted to create an open-cast mine, violating Niyam Dongar, disrupting its rivers and ending the Dongria Kondh’s status as a distinct group.
Who are the Dongoria Kondhs?
- They are a particularly vulnerable tribal group (PVTG) from Rayagada in Odisha.
- They inhabit the Niyamgiri hills, which fall under the Rayagada and Kalahandi District in Odisha.
- They worship Niyam Raja, the supreme god of the Niyamgiri forest.
- They sustain themselves on the resources of the Niyamgiri forests, also practice horticulture and shifting cultivation.
The Supreme Court judgment
- The apex court recognized the cultural, religious, and spiritual rights of the tribe on the hills.
- It gave the Gram Sabha the authority to examine possible infringements on their rights due to the proposed project.
- It also ordered a referendum to be held amongst the affected Gram Sabhas to obtain consent on the project from the community.
- The referendum resulted in a unanimous vote against the project.
- However, the judgment did not mention the Free and Prior Informed Consent (FPIC) norm or cite any other international human rights.
- India is not a signatory to the Indigenous and Tribal Peoples Convention, 1989 (also called the International Labour Organization Convention 169) and the United Nations Declaration on Rights of Indigenous Peoples (UNDRIP) that defines FPIC as a non-binding instrument.
What is the meaning of Free and Prior Informed Consent (FPIC)?
- Free means there should not be any intimidation, coercion and manipulation while obtaining consent;
- Prior means consent must be taken before any project activity;
- Informed means that all necessary and material information must have been shared transparently with the community for an informed choice.
Significance
- The referendum resulted in the establishment of a rare registration of the Dongoria Kondhs’ claim for sovereignty, self-determination, and territorial autonomy.
- The Gram Sabha was authorized to examine possible infringements on their rights as per Section 4(d) of the Panchayat Extension to Scheduled Areas (PESA) Act, 1996.
- Section 6 of the The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 was invoked, that confers power on the Gram Sabha to process individual or community forest claims.
Conclusion
The case is a textbook example of good usage of free, prior informed consent, without which asymmetry of power between state & indigenous communities will continue. Therefore, a balanced and sustainable development must be kept in mind going forward.
Niyamgiri Case [UPSC Notes]:- Download PDF Here
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