Statement Of Concern On Niyamgiri

We the undersigned are deeply concerned over the recent order of the Supreme Court in T.N. Godavaraman Thirumulpad vs. Union of India and Others in the matter of M/s Sterlite Industries (India) Ltd. This Order will pave the way for forcible displacement of thousands of adivasis for the mining of bauxite by Sterlite Industries Ltd., a frontal company of the notorious Vedanta Alimunium Industries, which is already tainted with its corporate malpractices.

We note with deep anxiety that most of the inhabitants here are Dongria Kondhs who are classified as Primitive Tribes (which itself is a colonial construct) who know no other way of life hence need to be dealt with due sensitivity and precaution and who will be uprooted and marginalized once they are removed from their natural habitat. Today, where the UN bodies, all the governments, international and national civil societies including the progressive and democratic organisations world over are worried and deliberating on global warming and the impending ecological disaster and death of the planet. The issue raised by this judgement has become of crucial importance. The Dongria Kondhs who live a harmonious and symbiotic relationship with their environment show the way to mankind on how to lead a sustainable, meaningful and egalitarian life.

It is also to be noted that the present order of the Supreme Court contradicts the 89th Amendment of the Constitution which clearly stipulates that no industry, mines or townships or any other construction activity can be undertaken without the consent of the Gram Sabhas of adivasis residing in the areas demarcated under the Fifth Schedule of the Constitution.

This order will also nullify the implementation of the recently passed Forest Rights Act, under which the adivasis tilling forestland should get the ownership of the land they have been tilling since years.

We are also deeply concerned that mining in Niyamgiri area will seriously upset the ecological equilibrium; this area is very rich in bio diversity including rare flora and fauna and many species of rare medicinal herbs. Niyamgiri hills are also the source of important rivers like Nagavali, Vansdhara, which caters to the need of many districts in Orissa including the southern coastal districts. The mining in that area will contravene the provisions of the Environmental Protection Act 1986 because it will seriously violate the letter and spirit of the Act.

We urge the political parties especially the three most important pillars of our democracy i.e. the Executive, Judiciary and the Legislature to take cognisance of the aspirations of innumerable anti-displacement movements and progressive and democratic organisations in the country and scrap the draconian and colonial land acquisition act of 1894. Thus we call upon the Supreme Court, Government of India and Orissa to reconsider the case of mining in the Niyamgiri Hills and rescind the permission given to Sterlite Industries for mining in Niyamgiri.