Adivasi communities | SabrangIndia News Related to Human Rights Wed, 03 Apr 2024 09:20:03 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Adivasi communities | SabrangIndia 32 32 With less than two weeks for polling, how concerned are national parties on land and forest rights for Adivasis? https://sabrangindia.in/with-less-than-two-weeks-for-polling-how-concerned-are-national-parties-on-land-and-forest-rights-for-adivasis/ Wed, 03 Apr 2024 09:20:03 +0000 https://sabrangindia.in/?p=34435 As constituencies in 20 states go to polls on April 19, in Phase 1 of the Lok Sabha elections of 2024, have political parties included forest rights and rights of Adivasi communities in their manifestos and election campaign?

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Sabrang India takes a closer look at some of the regions where tribal communities have been rallying for their rights and examines if the electoral campaign raised these issues. Hindutva, which remains BJP’s core ideology, has alienated Adivasi (tribal/indigenous peoples’) communities as it seeks to bulldoze their unique identity and histories. An aspect which is their core symbol and provides for their voter base could very well have them lose India’s indigenous tribes as voters.

An example of this is seen from Maharashtra where Janjati Suraksha Manch, a group backed by the BJP’s ideological parents, the Rashtriya Swayamsevak Sangh (RSS) raised alarm after it demanded delisting religious converts from being recognised as scheduled tribes. Even Adivasi leaders from within BJP were alarmed at the demand, according to the report by Hindustan Times, and expressed fear that such demands and assertions would make the BJP lose vote in the upcoming elections. Similarly, tribes across India have been resisting Sanskritisation (read Hinduisation).

Out of the 48 Lok Sabha seats in Maharashtra, four are reserved for tribal communities. These seats include Nandurbar, Dindori, Gadchiroli-Chimur, and Palghar. Maharashtra’s Ramtek, Nagpur, Bhandara-Gondiya, Gadchiroli-Chimur, Chandrapur go to poll this coming week. With the main national players’, BJP and Congress, manifesto yet to be released, both parties have made appeals to Adivasis in Maharashtra. The Indian National Congress (INC) has, however released the Adivasi Sankalp, a programme within the manifesto especially for forest dwellers and Adivasis, on March 13. On March 15, Congress; Rahul Gandhi visited Nandurbar, and accused the BJP-led government of stripping tribals of their rights to the water, forest, and land, ‘jal, jangal, zameen’, as reported widely in the media. He promised that under his government, any district in India with a tribal population exceeding 50% would be included into the Sixth Schedule of the Constitution and also vowed to conduct a caste census and an economic survey of the population.

The Video of his speech may be watched here:

Conversely in November, 2023, the Indian Express had reported that the BJP was ‘reaching out’ to the Vimukta Jati and Nomadic tribes through the festival of Diwali. Unlike the language of land and rights over forest produce (means of production), the Sangh and its parliamentary wings has always chosen the culturally assimilative route. State BJP president Chandrashekhar Bawankule had then stated, “We have an emotional connection with the VJNT communities. We want to associate with them and ensure their participation in the festival of lights. We endeavour to bring joy to their ghettos.”

Similarly, Chhattisgarh’s Bastar also goes to poll in the upcoming weeks. Bastar has seen constant attempts at polarisation in the recent times as attacks against Christians have increased. The region has a significant population of Christians, several of whom belong to Scheduled Tribes, who have been facing attacks by local Hindutva leaders of the past year and more. Bastar has seen the BJP win in 2014, but lost to the Congress in 2019 elections. In the recent state elections, however the region swung back to the BJP.

On the national level, PM Modi recently launched the Janjatiya Gaurav Divas in Jharkhand in November 2023. The scheme had been initially announced in the 2023-24 Budget and is a part of the government’s Particularly Vulnerable Tribal Groups Development. The programme aims to provide basic facilities like housing, clean water, education, healthcare, roads, and livelihood opportunities. The PM’s visit to Jharkhand in December 2023, saw protestors demanding the institution of the Sarna Dharma Code as a separate religion; many of these protestors were arrested. However, introduction of schemes for Adivasis does not always mean their implementation as another scheme introduced by the government in the 2022-23 budget called the Venture Capital Fund for Scheduled Tribes (VCF-ST) was reportedly not put into action even after two years since its announcement, according to The Print. Much of this puts the BJP’s hold on Adivasi trust in a sticklish position.

Conversely the opposition paints a different narrative. On March 13, senior Congress leader Kharge revealed the party’s Adivasi programme manifesto, called the Adivasi Sankalp which has laid out six guarantees for the community, one of which included doing away with the much criticised amendments made by the BJP government to Forest Conservation Amendment Act (2023). The plan by the party has emphasised on the protection of Adivasi sources of livelihood and access to their land, water, and forest.

 

Related:

The case for forest rights in the republic of India: why should the BJP be worried?

Chhattisgarh: Why we must save the Hasdeo Aranya Forest

Over 90 former civil servants have strongly opposed “Green Credit Rules” making corporate access to forests easy

Odisha Government removes “deemed forest” provision

Supreme Court refuses to stay amendments to forest law

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Sudhir Chaudhary tenders “unconditional apology” for hurting Adivasi sentiments, brushes off any responsibility, decries “vested interests of rich netas” https://sabrangindia.in/sudhir-chaudhary-tenders-unconditional-apology-for-hurting-adivasi-sentiments-brushes-off-any-responsibility-decries-vested-interests-of-rich-netas/ Sat, 03 Feb 2024 13:16:09 +0000 https://sabrangindia.in/?p=32872 A complaint had been filed against Chaudhary under SC/ST Act for attacking the tribal identity of former CM Hemant Soren and his family

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On February 3, a day after a complaint was filed against Sudhir Chaudhary for making indecent and derogatory remarks against former Jharkhand Chief Minister Hemant Soren, the so-called controversial journalist has now issued a so-called apology. An uproar had occurred after a clip of Sudhir Chaudhary commenting on the tribal identity of Soren had gone viral on the internet. In the backdrop of the now arrested Soren being questioned by Enforcement Directorate on charges on money laundering, Chaudhary had used casteist language with regards to Soren based on his tribal (Adivasi) identity and had stated that the tribal former CM will find it difficult in jail, as he is more used to live (just) 40 years back in the jungle (forest) as Adivasi, but now he is used to a luxurious life. Notably, a complaint has been filed against Chaudhary under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act by the Aadivasi Sena in Ranchi.

It is essential to note that while the said clip of this self-styled news anchor had gone viral, in his whole 50 minutes news segment that had aired on January 31, Chaudhary made even worse comments targeting the tribal former minister and his family, stating that since the Soren family lives such a “lavish life”, they “do not have the Adivasi touch anymore”. He even questioned whether this wealthy tribal family should be given reservation. Details of the same can be found here.

Today, an unconditional apology statement had been released by Chaudhary for unintentionally hurting the sentiments of the Adivasi community. In the statement, he had said, “I am pained to see baseless charges of insulting tribals directed against me. Criticising Hemant Soren does not tantamount to criticism or insult of tribals. My show focused on how tribal votes are being misused by rich netas. The short video clip being shared by vested interests changes the context of my story to give a misleading message. I have always supported and respected tribals and they have always shown their love to me and my shows.”

He has further stated that “I’m not answerable to everyone who has a Twitter (X) account, but I feel it is my duty to explain myself to my adivasi brothers and sisters. If I have unintentionally hurt their sentiments, I unconditionally apologise to them.”

The statement can be read here:

As expected, Chaudhary has brushed aside all the onus of attacking a tribal family for their identity while discussing a case of allegations of money laundering and has termed the charges against him as “baseless”. Deeming the same to be an issue taken out of context by “rich netas”, something that Chaudhary himself frequently indulges in, he has not taken the responsibility of the statements made by him. Hiding behind the excuse of vested interests changing the context of his story to give a misleading message, Chaudhary has refused to acknowledge the issue behind the casteist statements made by him.

It is pertinent to highlight here that even after have issued “unconditional apologies”, the ‘x’ (formerly Twitter) account of Aaj Tak still has the 5-minute clip of Chaudhary dissecting the wealth of the Soren family and uttering the preposterous and demeaning statement up on their social media.

In addition to this, the Youtube channel of Aaj Tak has not removed the video of the 50-minute programme.

Related:

Sudhir Chaudhary’s castiest diatribe against Hemant Soren following his resignation causes uproar, complaint filed by Tribal body

CJP Impact! NBDSA orders AAJ TAK’s Sudhir Chaudhary show to be pulled down, censors second

Another Sudhir Chaudhary show under the scanner for using the term ‘Mazaar Jihad’

CJP has filed a complaint in the NBDSA urging action against the divisive narrative in Sudhir Chaudhary’s show on Aaj Tak

CJP files complaint against Sudhir Chaudhary’s show on Aaj Tak for its communal narrative

 

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Externment orders, atrocities against Burhanpur Adivasis, activists https://sabrangindia.in/externment-orders-atrocities-against-burhanpur-adivasis-activists/ Fri, 14 Jul 2023 14:03:16 +0000 https://sabrangindia.in/?p=28483 In continuance of the embittered battle over land and resources, Burhanpur’s Adivasis, entitled under the Forest Rights Act 2006, to lay legal claim on community and forest lands, face a hostile Forest department and an alienated state

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Siwal in Madhya Pradesh’s Burhanpur district has Adivasis belonging to the Barela, Bhilala and Bhil communities, who moved to the forest region in the 1970s like many others. For over six decades, the dense and rich Sagon forest region has been their home. However, despite the enactment of the “recognition of rights” law, FRA 2006, forest rights elude communities that have lived in the region for over 50 years. Worse, is the attitude of the forest and local administration. Since October 2022, JADS alleges that the region has lost over 15,000 acres of forest cover. This, an Adivasi collective alleges, would not have been possible without the connivance of the forest and other state bodies.

Today senior activists from among the Adivasi communities and others participating in the struggle for land are facing repression, false cases and externment orders. A Delhi-based group, Janhastakshep had approached members of intelligentsia and social and political activists belonging to different organizations to lend their support to an open petition addressed to the Hon’ble President of India on the issue of attack on Adivasis asserting their forest rights and opposing atrocities against them for opposing illegal felling of forest in Burhanpur district of Madhya Pradesh.

“In order to crush the struggle of the Adivasis the local administration has externed the leader of the Jagrit Adivasi Dalit Sangathan (JADS), Madhuri from the district. Around 150 signatories from India and abroad have signed the petition both in their individual capacity and also on behalf of their organizations. The petition sent to President Draupadi Murmu’s Secretariat, along with the signatures has been also released to the press.

Activists have alleged that these attacks by the forest department and other authorities are a continuance of the repression allegedly suffered by forest dwellers and Adivasis for over four months, since March 2023. Antaram Awase, a young Adivasi activist, has spoken to the media recently of the crackdown on villagers, filing multiple cases citing encroachment and deliberate disobedience of government orders. The most recent in the list of atrocities perpetrated against them, the villagers say, is an externment order against the human rights defenders who have been actively questioning the state in the region.

Strangely, even though a large part of the Burhanpur district is earmarked as a scheduled area, the tribal communities living there have for long been bereft of forest rights. Villagers of Siwal, along with residents of 15 other villages in the district, have been demanding they be recognised as forest dwellers and their rights under the Forest Rights Act be protected.

Four months ago, in March 2023, two Adivasi activists associated with the Jagrit Adivasi Dalit Sangathan (JADS) had claimed that they were threatened with arrest during police questioning following the arrest of 35 other Adivasi activists after a face-off with the Forest Department in Madhya Pradesh’s Burhanpur region. The two had also then been called for questioning.

The region has seen a history of violence against Adivasi communities by the notorious Forest Department. The Forest Department periodically attempts to illegally “evict” Adivasis of Pachayat Baldi from their land by using force, sometimes employing violence and intimidation tactics such as illegal detention, physical assault, and even money extortion. This is a violation of section 4 (5) of the Forest Rights Act which does not recognize eviction at all. These section of the emancipator law states that forest dwelling persons from a Scheduled Tribe or other traditional communities should not be evicted or removed from the forest land they occupy until the recognition and verification procedure is complete.

In a statement released by JADS then, they detailed the following: JADS activists received a call from the locals of Baldi Panchayat on February 2, 2023 informing them about the illegal arrest of four people – two men and two women. They were picked up from their homes and taken to an unknown location with no information given to their families, a violation of settled law and jurisprudence. At this stage when this happened, JADS activists immediately contacted the DFO (District forest officer) and District Collector, Burhanpur, asking them to intervene in the matter and ensure that due process of law was followed. Anxiously looking for those who were picked up, other villagers went to the Range Office in Burhanpur and heard shouts and screams and other sounds of torture from the office building. Thereafter there was a reported clash between villagers and the forest staff after this. It was after this ‘confrontation’ that around 20 men and 15 women were arrested by the police while they were on their way back to their village.

The very next day, Antaram Awase, a young Advissi activist, and Nitin, a graduate from TISS, went to meet the DFO, SP and District Collector, to find out what had happened. Instead, they found themselves implicated in the conflict for merely speaking to the arrested villagers on the phone. The two were in fact not in Burhanpur at the time.

These two activists, Antaram and Nitin have been working with JADS for over five years and are at the forefront of the campaign to spread awareness about legal Forest Rights. JADS, currently active with tribals across four districts in MP – Barwani, Khargone, Khandwa and Burhanpur – is a community led organisation and plays an important role in highlighting illegal fellings of trees on Adivasi land and underhanded attempts to suppress their forest rights. The attempt to implicate the two JADS activists can only be read as an attempt to suppress this campaign. It was in 2018, that this struggle demanding legitimate rights had intensified. So did the state’s crackdown.

A protest and its aftermath

In April this year, over a thousand women and men – all belonging to tribal communities – staged a three-day protest against the tacit support given to widespread and illegal tree felling by the Madhya Pradesh government, emphasising that felling at such a scale is impossible without the implicit support of the state government itself.

While the officials didn’t relent to the villagers’ demands at all, JADS accuses the forest and state administration of illegally evicting many eligible FRA claimants. The district has over 10,000 FRA claims pending, some even belonging to those illegally evicted, the villagers allege.

Every act of protest, the organisation claims, is met with state repression, they stress.

Among the state actions earlier this year was the externment of Madhuri Krishnaswami of the JADS. Krishnaswami, who has been actively involved in organising the community and agitations in the district, has been booked in as many as 21 forest offence cases for alleged offences between October 2022 and January 2023. It is these cases that the protests were against. However, Krishnaswami’s name was added only in May, after the protests.

Krishnaswami is additionally named in five police cases out of which two have been disposed of already and others are pending investigation. These cases, mostly accusing her of unlawful assembly, have triggered her externment from the district.

Rights activists from the region call this part of the administration’s tactic to break the movement. “They are going after the leaders one by one. Many Adivasi women, who are at the forefront, are also getting targeted by forest officials. Like the Britishers, the Madhya Pradesh government too is hellbent on criminalising the community for fighting for their rights,” Awase said.

Adivasi activists allege that, since 2019, there have been multiple instances of human rights violations in the region. Between August and September 2020, several persons from the region – all belonging to the Adivasi community – were picked up under alleged false charges, detained by the forest officials and allegedly tortured. In one such incident, two Adivasi youths were handcuffed to a window railing and allegedly beaten up all night, before they were produced in court.

Those booked in multiple cases mostly work as farmers or farm labourers. Appearance before court means missing out on a day’s earnings. “As it is we have been spending a great deal of time organising and agitating against the state’s unjust attitude towards us. And now we have an additional challenge of appearing before the court every other week,” said an activist, who too has been booked in multiple cases.

The villagers’ demand as lawful claimants of the forest land gets complex with the government’s allegation of felling of trees. The region over the past decade has witnessed deforestation on a massive scale.

Awase says that he, along with other members of the organisation, had moved to notify both the forest and the district administration about the large-scale destruction of the forest cover. “These are all Sagon trees. They sell for crores of rupees. As some people from nearby villages indulged in the criminal act of destroying the forest cover, we wrote to the officials. No action was taken against those involved,” Awase alleges.

Those allegedly involved in the felling of trees also belong to the tribal community, activists say. This, Nitin explains, is a parallel phenomenon seen in the region where many from the Adivasi communities make a desperate attempt to claim stakes on the land. “If the state were serious about implementing the FRA law in the region, destruction of forest cover could have been brought under control,” he adds.

Related:

Adivasis of Burhanpur rejoice as all demands get fulfilled, verification of claims for the entire district

Minister inquires about implementation of FRA in states, MoTA dodges any accountability

Tribals Allege Officials Use Forest Rights Act to Harass, Demand Money; Picket DM’s Office

First Fired Upon, Now Criminal Cases Registered Against Tribals in Madhya Pradesh

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India’s First Draft Bill for Geo-heritage Conservation Ignores Rights of Adivasi Communities https://sabrangindia.in/indias-first-draft-bill-geo-heritage-conservation-ignores-rights-adivasi-communities/ Mon, 26 Dec 2022 07:23:30 +0000 http://localhost/sabrangv4/2022/12/26/indias-first-draft-bill-geo-heritage-conservation-ignores-rights-adivasi-communities/ The absence of focus in the Bill on participatory governance, as a possible model for the conservation of geologically important areas, has been pointed out by experts.

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First Draft Bill for Geo-Heritage Conservation Ignores Adivasi Rights
Representational Image. Image Courtesy: Wikimedia Commons

New Delhi: A Bill drafted for the first time to protect and preserve areas of geological importance across the country has been criticised on the grounds that it does not take into account special governance mechanisms applicable to areas dominated by Adivasi communities. The Bill – titled Geo-heritage Sites and Geo-relics (Preservation and Maintenance) Bill, 2022 – also envisages empowering the executive with absolute powers in so far as deciding upon denotification of any of these areas for the purpose of infrastructure or industrial development.

The importance and urgency of the Bill, particularly in the light of rampant and unregulated industrial activities in areas with potential geo-heritage importance, have been acknowledged by experts from across many diverse fields. But at the same time, the absence of focus in the Bill on participatory governance, as a possible model for the conservation of geologically important areas, has also been pointed out. The draft Bill was put out on the website of the Union Ministry of Mines on December 15 for public consultations.

So far, 32 sites with rich geological heritage have been notified as National Geological Monuments by the Geological Survey of India (GSI), a central government organisation mandated with the responsibility of creating and updating of national geoscientific information and mineral resource assessment. In future, the Bill envisages acquiring land, for the purpose of notifying geo-heritage sites, under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

However, it has been pointed out by experts that heritage impact assessments are necessary before notifying any area as a geo-heritage site.

Retired bureaucrat, EAS Sarma, a 1965-batch IAS officer, told NewsClick that, as a part of the Environment Impact Appraisal (EIA) study under the Environment Protection Act, 1986, a “heritage impact assessment study” should be mandated within 10-km radius of a geo-heritage site before the Union Ministry of Environment, Forests and Climate Change approves the sites for notification.

“The Bill, in its present form, extends its application to the whole of India. However, some geo-heritage sites may be located in tribal tracts in Scheduled Areas. A special clause needs to be inserted in the Bill to ensure that provisions of the Panchayat (Extension to the Scheduled Areas) Act, 1996 and such other special laws which are applicable, in so far as it applies to the areas notified in the Fifth Schedule of the Constitution, are fully complied with, before any restrictions under this Bill become applicable. The Ministry of Mines may seek the considered views in the matter of the National Commission for the Scheduled Tribes, which is a Constitutional authority. The Ministry of Tribal Affairs must also be consulted,” said Sarma.

Notably, areas with pre-ponderance of the Adivasi population are designated as Scheduled Areas under Schedule V of the Constitution of India and are accorded special governance mechanisms. The Panchayat (Extension to the Scheduled Areas) Act, 1996 ensures that the rights of Adivasi communities living in Scheduled Areas are protected vis-à-vis diversion of land from these areas for the purpose of industrial development. This Act ensures protection of the rights of Adivasi communities by making it mandatory for the government to obtain the consent of Gram Sabhas (local self-governing councils comprising all adult members of any particular village) before diverting or notifying land for any purpose.

However, the Bill does not take into consideration the aforementioned rights which experts point out would be necessary because most sites of geological importance are perceived to be located in areas with preponderance of Adivasi population.

Section 4 of the draft Bill states: “Once a site is declared as a geo-heritage site of national importance under section 3 [of the draft Bill], the Central Government may acquire such area under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as if the acquisition were for a public purpose within the meaning of that Act.”

The Bill defines geo-heritage sites as sites of rare and unique geological and geomorphologic significance having the geomorphological, mineralogical, petrological, paleontological and stratigraphic significance including caves, natural rock-sculptures of national and international interest. It defines geo-relics as any relic or material of geological significance or interest like sediments, rocks, minerals, meteorites or fossils.

As per provisions of the draft Bill, the GSI will be empowered to acquire a geo-relic if it apprehends that it is in danger of being destroyed, removed, damaged or misused. On these grounds, the GSI can decide to remove a geo-relic from the original site and put it in a public place.

The central government has justified the framing of legislation, as has been envisaged under the Bill, on the grounds that though 32 sites have been notified as geo-heritage sites or national geological monuments, there exists no mechanism in the country at present for protection and maintenance of these sites.

“… due to the absence of any legislation in the country for the protection, preservation and maintenance of the geo-heritage sites, these are increasingly threatened with destruction not only by the natural causes of decay but also by population pressure and changing social and economic conditions which is aggravating the situation,” states the ministry in a note on the aforementioned Bill.

However, though the Bill mentions changing social dynamics, it also fails to take cognisance of the diversity of population and natural resources existing for centuries in areas that could potentially be declared as sites with geological heritage.

“This is an extremely important Bill which recognises geological heritage sites as natural heritage which need to be mapped and conserved. However, the framework of conservation is based on conservation through acquisition of rights the implications of which require parliamentary and public debate,” said Kanchi Kohli of the Centre for Policy Research, a Delhi-based leading policy thinktank.

Moreover, the only model for the protection and preservation of the geological heritage of the country that has been envisaged through the Bill is that by the government after taking over land and geo-heritage resources from the control of local communities.

“Different models of co-governance, participatory governance and community-based governance can also be considered as options, especially because these geo-heritage sites overlap with culturally, ecologically and occupationally important spaces,” added Kohli.

In addition, no public consultation has been envisaged in the Bill prior to the denotification of any particular geological heritage site for the purpose of industries, infrastructure or any other purpose. The entire onus of clearing or rejecting proposals on or near notified sites of geological heritage has been sought to be envisaged with the GSI which, as per the Bill, has been sought to be designated as the competent authority.

“The Director General or the officer authorised by the Director General in this behalf shall consider the application made under section 10 [of the draft Bill] and the impact of such construction or reconstruction or repair or renovation (including the impact of largescale development project, public project and project essential to the public) and shall, within two months of the receipt of application, either grant permission or refuse the same after giving an opportunity to the applicant of being heard,” states the Bill.

Experts say that even though the entire Indian sub-continent is a rich repository of geo-heritage sites, a number of important sites in the country have already been destroyed due to a lack of knowledge about the resources and the pressure on land for infrastructural and economic development. The ministry’s note to the Bill itself lists a number of geo-heritage sites that are located in various parts of the Indian peninsula including the Himalaya ranges, the Deccan Traps, the Precambrian Indian peninsula, the Thar Desert and the rain-soaked areas of Northeast India. Important sites listed out in the note to the Bill include the dinosaur fossils of Madhya Pradesh and Gujarat, marine fossils of Kutch and Spiti, wood fossils of Gondwana, the oldest life forms viz. stromatolites of Rajasthan and Madhya Pradesh and the vertebrate fossils of Siwaliks.

“The world’s oldest metallurgical records of gold, lead and zinc in Rajasthan and Andhra Pradesh are still preserved but are under great threat,” states the note to the Bill.

Dr Om Narain Bhargava, a professor of Geology at the Panjab University in Chandigarh, said many sites with rich geological heritage have been wiped out from the Indian sub-continent owing to unregulated and unscientific developmental activities. He said developed countries are increasingly waking up to the need for conserving sites with rich geological heritage. China, for example, has notified as many as 41 areas as geoparks because of their geological significance.

“In India, a number of sites have been lost already. A coral reef in Spiti Valley, which was almost 240 million years old, was lost because a canal was constructed above it. Areas with high geological significance need to be conserved in order to build our repository of knowledge and for the purpose of academics, study and research. In certain instances, our geological heritage can help us predict and build models for dealing with possible extreme climatic incidents in the future,” said Bhargava.

Courtesy: Newsclick

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Return Assam’s land and forests to the indigenous and Adivasi people: DSG https://sabrangindia.in/return-assams-land-and-forests-indigenous-and-adivasi-people-dsg/ Fri, 30 Apr 2021 12:03:15 +0000 http://localhost/sabrangv4/2021/04/30/return-assams-land-and-forests-indigenous-and-adivasi-people-dsg/ A detailed fact-finding report confirmed that the Azure Power company secured land for its solar power project at Mikir Bamuni Grant village by illegal and fraudulent means.

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AssamRepresentation Image
 

Assam’s Karbi and Adivasi communities in Mikir Bamuni Grant village in Nagaon district have lived and cultivated the 93 acres of land that was allegedly illegally secured by the Azure Power Forty Private Limited, said a DSG fact-finding report on April 30,2021.

For over a year, indigenous people and farmers in the area have been protesting the forceful takeover of their land for the construction of a 15 megawatt solar power plant by Azure Power Forty Private Ltd.

To verify these claims in the absence of any attention by local representatives, an All-India Fact-Finding Committee (FFC), constituted by Delhi Solidarity Group, responded to villagers’ appeals. Recipient of the Goldman Environmental Prize, also known as Green Nobel Prize, Prafulla Samantara from Odisha, Environment Support Group member Leo Saldanha from Bangalore, Centre for Financial Accountability member Bhargavi Rao from New Delhi and Delhi Solidarity Group member Amit Kumar were part of this team.

Between January 27 and January 29, members met impacted communities, Nagaon district police and revenue officials to research and gather evidence for the “The Anatomy of a Solar Land Grab – Report of a Fact-Finding Committee relating to Human Rights Violations, and Environmental & Social Impacts of 15 MW Solar Power Plant being established by Azure Power at Mikir Bamuni Grant Village, Nagaon, Assam.”

It stated that the Azure Power company was assisted by district authorities, revenue officials and police in forcibly taking over cultivated land of villagers, in abject violation of judicial orders, laws and policies.

“The construction of the solar part was undertaken with blatant abuse of police power, employed to terrorise local people into submission, and this including a variety of serious human rights abuses. Despite widespread media coverage in local dailies, no action has been initiated against guilty officials by the state government. Shockingly, the office of the Governor of Assam has been found to be involved in authorising the illegal transfer of land,” said the team in a press release.

Samantara pointed out that the Assam government, especially Nagaon administration, played a crucial role in the “corporate capture of resources” dispossessing indigenous and Adivasi people from their lands and livelihoods. Meanwhile, he alleged that the police assisted the takeover by blatantly violating people’s human rights. The Assam government has served the interest of Azure Power at the cost of human rights, livelihood, and fundamental rights of villagers, he said.

Further, the team noted that not only was the land in question cultivated for decades by local communities, it was also full of standing crops at the time of demolition. The report condemned local agricultural officials for falsely claiming that there was no cultivation for over a decade. The report said the village and its fertile land was part of an active elephant corridor and an ecologically sensitive zone that will be blocked by the construction of a solar plant.  

Kumar, who has extensively researched land and environmental laws relating to industrial corridors and mega infrastructure projects, said as per the Assam (Temporary Settled Areas) Tenancy Act 1971 clearly states that the land should have been transferred in the name of Mikir Bamuni Grant farmers. Moreover, the move also violates the Assam Fixation of Ceiling on Landholdings Act 1956.

“We were shocked to learn that these lands were first transferred to descendants of the original land grant landholder, occupancy tenant’s rights over the land were deliberately ignored, and then the purchase of this land by Azure Power was accommodated by revenue officials,” he said.

Kumar said that the state government is dispossessing indigenous people from the land, by facilitating illegal transfer just as Britishers sold huge areas to big Zamindars while calling the land “wasted and uncultivated”.

Meanwhile, Saldanha said, “Prime Minister Narendra Modi’s promotion of 450GW of energy production from renewable sources is fraught with various inconsistencies, particularly the lack of appreciation of various details relating to finance demanded, and social and environmental impacts.”

He pointed out that the message to state governments instructs them to assist the transnational and national private sector to secure land in any manner. Such so-called ‘just transitions’ which are claimed as responding to challenges of climate change, are outside the purview of India’s environmental laws despite specific directions from Supreme Court and National Green Tribunal that such projects must be subordinated to environmental clearance review, said Saldanha.

Rao said, “The diversion of cultivated lands that fail in an active elephant corridor to Azure Power’s solar park, is perhaps only the beginning of a transformation of the Nagaon region to industrial infrastructure. There has been absolutely no consultation with local communities. The fact that we found elephants moving through the villages on two of the three days we were at Mikir Bamuni, exposes the Forest Department consented to the project when they should have declared the area an ecologically sensitive elephant corridor to protect elephants.”

She also mentioned disturbing accounts of women and children of terrorisation by police and company officials. As such the report demands that the government immediately halt the construction of Azure Power solar plant and take steps to restore the land to its former glory.

The FFC holds that the cost of this operation must be borne by Azure Power in consonance with the ‘polluter pays’ principle. Further, an enquiry must be initiated into the illegalities and fraud perpetuated by state officials to facilitate the unlawful transfer of land.

The report also asserts the immediate need for the Union Ministry of Environment, Forests and Climate Change to bring solar plants and other renewable energy projects under social and environmental review as directed by the National Green Tribunal (South Zone). This decision was also asserted by the Supreme Court of India. The team recommended to all Azure Power’s Mikir Bamuni solar plant financiers to critically evaluate the basis for financing, and take necessary action for violations of various safeguards.

The full report may be viewed below:

 

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