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SC Rejects Odisha Govt Plea for Mining in Niyamgiri: Watch 6 videos on Save Niyamgiri Struggle

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In April 2013, the Supreme Court of India (SC), in a historic judgement order banned mining by Vedanta Aluminium in the hills till the gram sabhas cleared it. In a furtive attempt, three years later, the Odisha government sought to get this historic verdict overturned. In the latest plea from the state government-owned Odisha Mining Corporation (OMC) was to mine in the region independently.

The SC turned down this attempt. In a setback for Odisha government that virtually sought reconsideration of the Supreme Court ruling three years ago against mining in the state’s tribal-inhabited Niyamgiri hills, the apex court said on Friday that local gram sabhas can’t be reconvened to take a re-look at whether mining in the locality “would tantamount to infringement of the religious, community and individual rights of local forest-dwellers.”

Yesterday, on May 7, a SC bench headed by Justice Ranjan Gogoi said that it is not inclined to entertain the application. All aggrieved parties shall challenge the decision of gram sabhas and the subsequent refusal of environmental clearance by the Ministry of Environment and Forests (MoEF) before an appropriate forum, it said. Senior counsel CA Sundaram, appearing for the state government, argued that the gram sabhas had failed to take into account the court’s directive to consider the cultural and religious rights of the tribals and forest dwellers living in Rayagada and Kalahandi districts, but have gone beyond their mandate by deciding against mining in the hills. However, the court said that “that is in your perception. The conclusion is that people don’t want mining and then the II stage (environmental) clearance can’t be given.”

On April 11 this year, Sabrangindia had reported how human rights defender, Prafulla Samantara, President, of the  Lok Shakti Abhiyan and Convenor of NAPM was allegedly set upon by goons hired by the Vedanta company on April 6, 2016 and was rescued by the timely intervention of the villagers. The struggle of the Adivasis in the Koraput district of Odisha where Gram Sabhas of five villages have rejected the proposal of mining of the Niyamgiri hills by Vedanta and where allegations of police-govrnment-criminal nexus is threatening the fundamental rights of Adivasis. This attack on Prafulla Samantara is being seen by human rights activists as a bid to break the back of tribal unity that has stood firm against efforts by the corporate giant to get Gram Sabhas to change their stand on bauxite mining in the region

April 2016
The Supreme Court directed the Odisha government to file a fresh petition on Niyamgiri miningafter it had tried the irregular route of filing an interlocutory application to re-open the Supreme Court’s decision on this case without making Gram Sabhas a party. The Odisha government’s move for mining in the Niyamgiri hills received a jolt today with the Supreme Court of India directing it to file a fresh petition making all the affected and interested sides as parties in the application.

February 2016
In February 2016, in a questionable move, Vedanta moved the Supreme Court to, essentially, re-visit the judgement of April 2013. This application had not even made the Gram Sabhas parties to the application. This move was made through an interlocutory application in the Supreme Court. The historic judgement of the Supreme Court of India, giving primacy to the rights of tribals, the indigenous peoples, can be read here. 

The Adivasi people of Niyamgiri observe an unique protest-prayer-celebration atop the sacred hill to oppose the mining and refinery project.

These Videos Tell the Unique Story of the Adivasi Struggle to Preserve the Natural Environment

Victory March of Adivasi Dalit Bahujan of Niyamgiri after the Supreme Court accepted the Gram Sabha’s unanimous decision to cancel mining lease to Orissa Mining Corporation & Vedanta.

Rally demanding the closure of illegal Aluminium refinery in Lanjigarh, Year 2010

the Dongria Kondh movement to Save Niyamgiri, Music: Mili Bhagat

An animation depicting the Adivasi (Original inhabitants of the land) life in Orissa and their anti-mining struggles. The artist pays tribute to the men, women and children who have been shot dead by the police since 2001 for resisting mining and industrial activities on their land in Kalinga Nagar and Kashipur. The illustrations are in Idital (Saora Adivasi art) and music is from the Koya and Bonda Adivasi.

Against Police Atrocities in Niyamgiri, Year 2013

Video Source: Video Republic / Surya Shankar
 

JNUTA Relay Fast in Support of JNU Students, In Pictures

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JNUTA Relay Fast in Support of JNU Students, In Pictures

And here are the individual faces….

 

Foreign Education Bill: The Tall & False Claims of the Modi Government

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Executive Council Member of the Delhi University, Abha Dev Habib, De-bunks the False Claims of the Modi Government on the Foreign Education Bill

Newsclick Production, May 2, 2016

The government is all set to allow foreign universities to set up campuses in India and allow them to repatriate profits from operations here. As per the proposed plans, the Centre is working to make it easy for foreign universities to set up campuses in India in collaboration with local partners.

The NITI Aayog has submitted a report to the Prime Minister’s Office (PMO) and Ministry of Human Resource Development (HRD) in favour of inviting foreign universities to set up campuses in India. Last year, Prime Minister Narendra Modi asked NITI Aayog to study all reports regarding setting up of foreign universities and the reasons on why it could not move forward. Governments in the past have made several attempts to enact legislation for entry, operation and regulation of foreign universities in the country. The first was in 1995 when a Bill was introduced but could not go forward. In 2005-06 too, the draft law could not go beyond the Cabinet stage.

The last attempt was by UPA-II in 2010 in the shape of the Foreign Educational Institutions Bill, which failed to pass muster in Parliament and lapsed in 2014 since it was opposed by the BJP, Left and Samajwadi Party. One of the reservations on foreign universities operating in India was that they would raise the cost of education, rendering it out of reach for a large part of the population.

To discuss this, NewsClick interviewed Abha Dev Habib, executive council member, Delhi University. According to her the argument that foreign universities coming to India will stop brain drain is not valid and will not stop the phenomenon. Excerpts from the interview.

How To Get India’s Women Working? First, Let Them Out Of The House

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Rohini Pande, Jennifer Johnson & Eric Dodge, IndiaSpend.com


Image: Simon Williams


India boasts superior rates of women serving in political office compared to other emerging economies: the nation just swore in its 16th female Chief Minister, Mehbooba Mufti. Yet it lags well behind its competitors in its rate of women’s labour force participation. There is surprisingly little data to answer why. But one reason stands out: women can’t get to work.
 
India is well beyond the point when economists would expect that high numbers of women would begin participating in the labour force. Instead, 25 million women have left the Indian labour force over the past 10 years. Today, only 27% of Indian women are in the labour force, the second-lowest rate of female labour-force participation in South Asia after Pakistan. And while that country’s female labour-force participation is rising, India’s is falling.
 
 

Limited mobility is one of the key challenges many women confront when they set out to find a job. India’s road network now spans more than 4.69 million km, a 39% increase over 10 years earlier. Between 2007 to 2011 alone, an additional 600,074 km were laid. The rate of car ownership is also rising, with more than 2 million cars sold last year in India, up 9.8% over 2014.
 
Public transportation systems are expanding, too. But these infrastructure improvements are not translating into substantive gains in women’s mobility and ability to get work. And when women do work outside the home, on average, they do not travel as far to work as men. In short: the further from home the opportunity, the less likely women are to access it.
 
Indian women want to work but held back by lack of skills, social norms
 
Our research at Evidence for Policy Design indicates that India’s women want to participate in the labour force at higher rates. But they are constrained by lack of skills, and by social norms restricting their mobility.
 
Women who work outside of agriculture are typically engaged in informal, home-based work activities. This is not necessarily reflective of their preferences—it also points at structural factors that keep women from pursuing employment outside the home. National Sample Survey data highlight that disparity, and a pilot survey we conducted of rural youth in Bhopal and Sehore backs it up: 91% of below poverty line, female respondents (aged 18-25) think women should go out of the house to work–yet nearly 70% of these women were unemployed in the previous year.

 

 
Within India, cultural attitudes about whether it is proper for women to leave the home by their own decision, and whether they need to be accompanied on these trips, vary by region.
 
How Indian men constrain women
 
Using two rounds of the Indian Human Development Survey (IHDS), we found that 79.9% of women reported not being allowed to visit the health centre without permission from their husbands or other family members. In 2012, 33% were not allowed to go alone to seek medical care, a marginal improvement over 2005 (35%).
 
Nationally, the IHDS survey also shows that 51.7% of women think it is usual in the community for a husband to beat his wife if she leaves the home without telling him. Even when a woman does have the freedom to leave the home, distance is still a pertinent constraint. In a sample of Skill India participants, 62% of unemployed women reported that they were willing to migrate for work, but 70% said they would feel unsafe working away from home.
 
The implications of a rapidly industrialising and urbanising India for rural women with restricted mobility are concerning. Projections indicate that most of India’s economic growth in the next 15 years will be generated in urban areas: In 2010, the McKinsey Global Institute estimated that India’s cities could produce 70% of Indian GDP and 70% of net new jobs created up to 2030, and stimulate a near four-fold increase in per capita incomes. As it stands, mobility statistics suggest that women outside of India’s major population centres face exclusion from the coming urban boom.
 
Women’s desire for productive work is not simply rhetorical. There are places in the Indian economy where women are well-represented in the labour force, but these tend to be fields where women can work close to home. Public works projects created under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) have been quite successful in drawing women into the workforce. While only 27% of rural women work outside the home, MGNREGA’s participants were 51% female in 2014.
 
Several factors make MGNREGA attractive to women, including its 30% quota for women participants. By accident rather than by design, MGNREGA largely eliminates mobility constraints by being structured around thousands of community-based project sites. In addition to localising project sites close to where rural women live, MGNREGA also provides equal pay for equal work to both male and female labourers. Finally: MGNREGA projects are low-skilled work, and thus accessible to women without experience.
 
As we discussed in our December IndiaSpend feature, many women—especially rural women—express concern that they lack the skills necessary for the jobs they would like to have. The government of India has recently prioritised drawing huge numbers of India’s youth into the labour force and cities through Skill India and Make in India.
 
Both programs include quotas to ensure a certain proportion of trainees are women. These schemes present an unprecedented opportunity to bring many young women into the labour force, but they often require that women leave their home communities to pursue work placements after training, and there are currently no mechanisms in place to support women migrants once they have been placed.
 
MGNREGA may be the first step to letting women out of the house. Skill India’s challenge will be to help women be successful further afield, where greater economic and other opportunities may lie. Women’s education levels are rising, as is women’s financial inclusion. But women’s labour force participation is in decline–and our data shows that women’s mobility may be declining as well. This must be addressed, if India’s women are to have access to the same economic opportunities as their brothers.
 
(Pande is the Mohammed Kamal professor of public policy and co-director of Evidence for Policy Design (EPoD) at Harvard Kennedy School. Johnson is a Program Associate managing EPoD’s India programs. Dodge is EPoD’s Data Analytics Lead.)

Article first appeared on IndiaSpend.com