Police action in Odisha’s Rayagada district condemned, Adivasi rights paramount: CCG

A collective of former civil servants belonging to the All-India Services and the Central Services, the Constitutional Conduct Group (CCG) has in an Open Letter to the President of India condemned Odisha police’s wrongful dispossession of Adivasi lands in the state and violent action against protesting tribals/Adivasis. The letter dated April 19, draws the attention of President, Draupadi Murmu to “disturbing media reports showing police personnel entering Kantamal village in Rayagada district of Odisha and chasing the tribals, who were trying to protect their community rights based on due principles of law as affirmed by the Supreme Court. In clashes between the villagers and the police, over 70 persons are reported to have been injured. This area is covered in the Fifth Schedule to the Constitution.” Apart from the President, a copy for necessary action has also been sent to the Chairman, National Commission for Scheduled Tribes, New Delhi.

Further, the communication points out that in the past, the Ministry of Environment and Forests granted clearance in 2004 for the diversion of forestland in the Niyamgiri Hills to enable a corporate entity to mine bauxite for an alumina refinery located nearby, also on forestland. This decision was subsequently set right by the Supreme Court of India. It was only when the Supreme Court intervened and insisted in 2013 that the concerned Gram Sabhas needed to give their consent under the Forest Rights Act (FRA), that the matter was placed before the Gram Sabhas. At the time, all the 12 concerned Gram Sabhas categorically denied permission for the mining project, affirming their cultural and spiritual rights to the area.

Now, 13 years later, regrettably, less than 50 km away from Niyamgiri, in Sijimali in Rayagada district of Odisha, also in the Fifth Schedule to the Constitution, efforts have been made to again illegally acquire the forest lands by fraudulent means. In December 2025, MoEFCC accorded stage I forest diversion clearance, based on the 2023 gramsabha resolutions, which are claimed to be fraudulent, with a stipulation that the diversion was subject to FRA clearance, the letter states. The Stage 1 forest diversion clearance given was itself flawed as the prior mandatory site visit was not undertaken and due process was not followed. In December 2023, it was claimed that the concerned Gram Sabhas had passed ‘unanimous’ resolutions in favour of the mining activities to be taken up by Vedanta, the same group which had attempted to take up mining in the Niyamgiri hills.  Villagers of Sijimali have alleged that the resolutions were fraudulent, that a number of non-residents took part in the Gram Sabha meetings, that minors and deceased persons were shown to be present, that consent was obtained through fraud and manipulation. Media reports[1] also mention that the Gram Sabha meetings never took place and that the police brought in people from elsewhere and recorded photographs and videos. In February 2025, two Gram Panchayats filed a writ petition in the Odisha High Court to quash the 2023 Gram Sabha resolutions. The Court disposed of the matter in March 2025 directing the Centre to take note of the concerns.  Despite this order, and regardless of local protests, construction of a three km. long approach road was started, with the presence of armed police. This is the background of the clashes.

The CCG states that the collective is “distressed by the fact that despite knowing that the Forest Rights Act was applicable to the land on which the mining would be taken up, the State Government chose not to follow the precedent of the Niyamgiri judgement of the Supreme Court and ensure fair proceedings by seeking presence of a judicial officer at the meetings of the Gram Sabha.”

“Apart from the above, the principles of the 1997 Samatha judgement of the Supreme Court have also been violated.  In the matter of ‘transfer’ of tribal land to a ‘non-tribal person’, the court had held that without due consultation and benefit sharing, government land or forest land or tribal land cannot be transferred to private entities. It is amazing that the government, despite having the duty of protecting common property resources, seems to be bent upon handing these resources over to subserve private interests.  Such actions are also a clear violation of Article 39 of the Constitution which mandates the State to secure social and economic justice.

“The manner in which the Sijimali protests have been dealt with indicates complete violation of the spirit of the Niyamgiri judgement of the Supreme Court. It shows scant regard for the Forest Rights Act.  It creates serious doubts about the authenticity of the resolutions of Gram Sabha, indicating that free, prior and informed consent of the Gram Sabha had not been obtained. It shows the State’s inability or refusal to learn from past incidents of tribal unrest which have, in several cases, led to the loss of tribal lives.”

The CCG has also pointed out that these days when we have a Mission Karmayogi to systematise capacity building at all levels, it should have been a fairly easy step to incorporate such a landmark Supreme Court Judgements in the training curriculum of the concerned officials, so that future investment proposals are handled with due diligence, without requiring people to go all the way to approach the Supreme Court again. Similarly, it should have been a routine item of administration in these days of Information Technology, that the individual and community rights recognised under the Forest Rights Act are duly incorporated into revenue records and maps. All this brings us to the disturbing question of whether the new chapter referred to by Jaipal Singh Munda, of just and fair governance, is still a distant dream.”

On January 24, 1947, Jaipal Singh Munda, member of the Constituent Assembly, had stated, “The whole history of my (tribal) people is one of continuous exploitation and dispossession by the non-aboriginals of India… I take you all at your word that now we are going to start… a new chapter of independent India where there is equality of opportunity, where no one would be neglected.”

Invoking this now 79 years later, the letter urges India’s woman Adivasi President that “they are hopeful that you will be concerned about the injustice that is being done, and that you will get the government to comprehensively re-examine the authenticity of the December 2023 Gram Sabha resolutions.  Pending a detailed enquiry, the stage I forest diversion clearance should be suspended and the physical work of road construction to Sijimali mining area should be stopped. The cases of the tribal persons who have been booked under various criminal law sections need to be reviewed by the National Commission for Scheduled Tribes. All steps must be taken to see that the gains of the Forest Rights Act, both in terms of individual and community rights, are consolidated to secure better livelihoods for all tribals and other traditional forest dwellers.”

The signatories are:

[1]   Report in the Hindu. 3.1.2026 https://frontline.thehindu.com/environment/sijimali-bauxite-mining-gram-sabha-fraud/article70463304.ece