These are questions which sometimes excite the passions of people on all sides. Politicians can inflame these feeling further. A statement that is very often made by many of them has been—I’ll not give even a drop of extra water to the other side.

Those who are asked to mediate and find workable solutions for settling the disputes are also often impacted by this rhetoric. They are more concerned with somehow finding a solution that will satisfy all sides or at least lead to a common meeting ground, even if this is at the cost of sacrificing significant aspects of protecting river ecology.

Politicians and pressure groups have shrill voices, however rivers and fish cannot speak in ways that would be heard by decision makers. Hence the side of protecting river ecology and river life often remains unrepresented at river talks. In the USA and some other countries sometimes indigenous communities have been coming forward to speak for protecting rivers and river-life including endangered species.

Technocrats who are often given important roles in taking decisions on river projects often do not have a great understanding of river ecology. They often take decisions in favor of excessive river water exploitation including diversion and long-distance transfer, regardless of adverse impacts on river ecology. They are supported in this by big business interests.

In the prevailing conditions of decision making two important aspects are likely to be neglected. Firstly, any river in the course of its natural flow and free flow also fulfils very important ecological functions. Secondly, while transfer of water over vast distances is often justified in the name of ending water scarcity of some areas, it is often forgotten that more ecologically protective, sustainable and less costly local solutions are also generally available.

Instead of constructing many big projects on a river and thereby impeding its free flow, causing several adverse social and ecological impacts, a much better alternative is to take up several small structures, bunds and afforestation projects to save as much rain water as possible at the local level, contributing to water security of various villages, helping to maintain water balance all around the year and reducing considerably the harm from floods as well as droughts. Time honored methods of water harvesting and conservation, based on specific conditions of various regions, are often available and highly creative efforts based on them have been giving very useful results at low cost in several places.

Technocrats supported by big construction companies sometimes tend to push back the scientifically established reality, well-recognized by common people, that free-flowing rivers provide many significant benefits and useful services to people and settlements all along their flow. Apart from supporting many species of fish and water life as well as river bank related biodiversity, free-flowing rivers provide irrigation water and water for many other uses to people and all forms of life. They contribute to maintaining proper groundwater levels over a vast stretch of land. They deposit fertile silt to support low-cost bountiful farming and animal husbandry. They support livelihoods related to growing several kinds of fruits and vegetables that grows best in river bank conditions, as well as livelihoods related to boats and fisheries. In the lower reaches while approaching the sea, they play a crucial role in stabilizing and supporting ecology and biodiversity of coastal areas, mangroves and deltas.

Once all this is recognised in much better ways it follows that river engineering in the form of dams, barrages and embankments by changing, depleting or restricting river flows in various ways can have adverse effects on all these beneficial roles of free-flowing rivers, apart from bringing several unintended new adverse impacts and risks.

While all these factors, whether recognized adequately or not, have always been significant, their importance has increased further in times of climate change which have introduced several more uncertainties and risks.

Hence long overdue changes relating to understanding of rivers and river-projects are needed, so that there can be much better planning for protecting rivers and utilizing their water for various beneficial purposes while minimizing adverse impacts and risks.

(The writer is Honorary Convener, Campaign to Save Earth Now. His books include Protecting Earth for Children, Planet in Peril, Man over Machine and A Day in 2071)     

The post There should be more concern for protecting rivers than for just trying to get a higher share of their water appeared first on SabrangIndia.

Protests at the main gate of #UniversityOfHyderabad… targetting @TelanganaCMO @revanth_anumula @RahulGandhi over decision of #TGIIC Telangana Industrial Infrastructure Corporation to auction 400 acres of #KanchaGachibowli; the sloganeering, energy, visuals tell their own story pic.twitter.com/m74ykqhYjL

— Uma Sudhir (@umasudhir) April 1, 2025

Protesting students of #HCU have shared this video… they say this is of trucks moving in and out of the main gate , carrying the wood logs of trees that have been cut… Am told this was shot at 2 am … On @ndtv at 8 am, #exclusive footage of denuded #EastCampus @HydUniv pic.twitter.com/OxijZVdomB

— Uma Sudhir (@umasudhir) April 3, 2025

Videos shared by #HCU students with @ndtv, with time & location watermark, to show that JCBs continued to do work of clearing the #KancheGachibowli land parcel despite stay orders from #TelanganaHC to stop vegetation removing activity till court disposes petition to be heard tmrw pic.twitter.com/ZTBmnFIQQM

— Uma Sudhir (@umasudhir) April 2, 2025

pic.twitter.com/6zSf2fi0QH

— Tribal Army (@TribalArmy) April 3, 2025

The Telangana government’s handling of the situation has been marked by opacity, brute force, and suppression of dissent. Despite the Hyderabad Central University’s historical claim over the land and the petitions pending to be heard by Constitutional Courts, the Congress-led administration bulldozed ahead with its plans, using police to clamp down on protests. Students and environmental activists were detained for attempting to join the agitation, while the government dismissed the outcry as “misinformation” and “political opportunism.” Meanwhile, the opposition BRS, led by K.T. Rama Rao, has accused Chief Minister Revanth Reddy’s administration of hypocrisy, recalling Congress’s past stance on Aarey forest in Mumbai. Yet, even Congress’s student wing, NSUI, has taken a cautious approach, criticising the government’s failure to secure the land while stopping short of outright opposition.

The administration’s justifications—promises of Rs 50,000 crore in investments and five lakh jobs—fail to address the reckless environmental destruction underway. Officials insist that the land is not classified as forest, yet the Supreme Court’s observations suggest otherwise, raising concerns about procedural violations and potential contempt of court. The government’s relentless push for rapid development, without transparency or public consultation, has turned the issue into a flashpoint of governance failure. Now, with the highest court stepping in, the Telangana government finds itself cornered—forced to defend its actions in what has become a battle between unchecked urbanisation and judicial oversight.

Supreme Court proceedings on Kancha Gachibowli tree felling on April 3, 2025

Post-Lunch Developments: Expressing shock over the large-scale deforestation in the Kancha Gachibowli area of Hyderabad, the Supreme Court issued an immediate order halting all development activities in the region. The bench, comprising Justice B.R. Gavai and Justice A.G. Masih, took suo-moto cognisance of the matter on the same day and directed that no activity, except measures to protect the remaining trees, should take place until further notice.

The court strongly emphasised compliance, warning that any violation of its directive would lead to the personal liability of the Chief Secretary of Telangana. To ensure transparency, the bench ordered the Chief Secretary to submit a detailed affidavit addressing the following concerns:

1. What was the compelling urgency that necessitated the developmental activities, including large-scale tree removal, in the disputed area?
2. Did the state government obtain the mandatory Environmental Impact Assessment (EIA) certification before commencing the project?
3. Were the requisite permissions from forest authorities or any other relevant local bodies obtained before felling the trees?
4. What was the rationale behind including specific officers in the committee constituted by the Telangana government, particularly those who seemingly have no role in identifying forest areas?
5. What is the state government’s plan for the felled trees?

Earlier in the day, the court had passed an interim order staying further tree felling and directed the Telangana High Court’s Registrar (Judicial) to conduct an on-site inspection and submit a report by 3:30 PM. When the case was resumed at 3:45 PM, the Supreme Court reviewed the report and found it to be deeply alarming. The inspection revealed that large-scale deforestation was underway, with heavy machinery such as JCBs being used to clear hundreds of acres. The court also noted images showing peacocks and deer fleeing from the destruction, suggesting that the area was an active habitat for wildlife.

Referring to its previous orders in the Ashok Kumar Sharma, IFS (Retd) & Ors. v. Union of India & Ors case, the court emphasised on its March 4 directive that held state Chief Secretaries personally accountable for the failure to constitute statutory committees tasked with identifying forest lands. It also cited its February 3 order in the same case, which prohibited states from reducing forest cover without providing compensatory afforestation land. The court was particularly critical of the Telangana government’s actions, questioning why the deforestation was carried out with such urgency when the statutory process to determine forest land status had not even begun.

Senior Advocate Gaurav Agarwal, representing the State of Telangana, argued before the Supreme Court that the disputed land did not fall under the category of forest. However, the bench remained unconvinced. Justice B.R. Gavai pointedly questioned whether the government had obtained the necessary permissions for tree felling, emphasising that the classification of the land was secondary to the legal requirements for environmental clearances.

“Forest or not, did you secure the requisite approvals before cutting down the trees?” Justice Gavai asked, as per a report in LiveLaw, expressing dismay over the rapid deforestation. “Clearing 100 acres in just two to three days is alarming… We must remind you of a simple principle—no matter how powerful, no one is above the law.”

Meanwhile, Senior Advocate Gopal Sankaranarayanan, appearing on behalf of certain intervenors, informed the bench that students protesting the destruction were being detained, highlighting the Telangana government’s heavy-handed approach in suppressing opposition to the project.

Morning proceedings and initial stay order: In the morning session, the Supreme Court had issued an interim order staying the tree-felling activities in Kancha Gachibowli, acting on an urgent oral mention by Senior Advocate K. Paremeshwar, the amicus curiae in the broader forest conservation case (TN Godavarman matter).

The bench took cognisance of media reports highlighting rapid deforestation over the extended weekend, suggesting that authorities had deliberately accelerated the process to avoid public scrutiny. The reports further indicated that the forest area housed at least eight species of scheduled wildlife. Concerned by these developments, the court ordered an immediate site inspection by the Telangana High Court’s Registrar (Judicial), directing that an interim report be submitted by 3:30 PM on the same day.

The directive was communicated to the Telangana High Court’s Registrar (Judicial) by the Supreme Court’s Registrar (Judicial) to ensure prompt compliance. Additionally, the court instructed the Chief Secretary of Telangana to prevent any further tree felling until further orders were issued.

As per Live Law, the order was dictated as follows:

“News reports indicate extensive deforestation is taking place in the Kancha Gachibowli forest. A vast number of trees are reportedly being felled, and it appears that authorities have taken advantage of the long weekend to expedite the destruction. Reports also suggest that the area is home to multiple scheduled wildlife species. We direct the Registrar (Judicial) of the Telangana High Court to conduct an immediate site visit and submit an interim report by 3:30 PM today. The Registrar (Judicial) of this court is directed to communicate this order forthwith. Furthermore, the Chief Secretary of Telangana shall ensure that no further tree felling is permitted in Kancha Gachibowli until this court issues further directions.”

During the hearing, Senior Advocate Dr. Abhishek Manu Singhvi, appearing for the Telangana government, informed the court that the Telangana High Court was also hearing a related matter. In response, the Supreme Court clarified that while it was taking suo-moto cognisance of the issue, it had not placed any restrictions on the proceedings before the High Court.

The Supreme Court’s strong intervention signals its deep concern over environmental degradation and the failure of state authorities to adhere to legal and procedural safeguards before undertaking large-scale deforestation. The matter is expected to be closely monitored in the coming days.

Telangana High Court proceedings on Kancha Gachibowli forest case

Hearing on April 3, 2025: On Thursday, the Telangana High Court extended its interim order directing a status quo concerning the large-scale felling of trees in the Kancha Gachibowli forest area, located near the Hyderabad Central University (HCU) campus. The bench, comprising Acting Chief Justice Sujoy Paul and Justice Renuka Yara, also granted the State government time until April 7, 2025 to submit its counter affidavit in the matter. The court’s intervention followed an earlier directive issued on April 2, wherein it had explicitly restrained the State from taking any coercive steps until further deliberations. During the said hearing, the court was informed that the Supreme Court had also taken cognisance of the matter earlier in the day and had required for a site inspection to take place.

Senior Advocate Dr. Abhishek Manu Singhvi, representing the Telangana government, argued that the Supreme Court’s directive requiring a site inspection should not be misinterpreted as a restriction on the High Court’s jurisdiction to proceed with the case. He contended that the land in question had been subject to litigation for decades, yet no claims or legal documents had ever categorised it as a forest. According to him, the absence of such claims over the last 30 years underscored that the area was never formally recognised as forest land. Singhvi further claimed that several institutions in the vicinity, including a botanical garden and a golf course, demonstrated the region’s long-standing allocation for non-forest purposes. He insisted that the land had been assigned to a private entity nearly 20 years ago, and the State’s actions were in line with established policies.

In response, Senior Advocate S. Niranjan Reddy, appearing for the Vata Foundation, strongly refuted the State’s assertions. He informed the court that despite the Supreme Court’s order staying tree felling, the destruction had continued until Thursday morning. Reddy submitted an interim application (IA) containing newspaper reports and timestamped photographic evidence substantiating his claim. Additionally, he alerted the court to alleged police repression, revealing that a student who had been documenting the tree felling through video recordings was detained at a local police station. Reddy emphasised that the petitioners were now shielded by the Supreme Court’s intervention but urged the High Court to scrutinise the State’s conduct in its upcoming hearing on April 7.

Another counsel representing a student union underscored the alarming pattern of police atrocities against students peacefully protesting the destruction. He further argued that the land in question belonged to the University of Hyderabad, strengthening the case against its allocation for commercial IT development. Acknowledging these submissions, the High Court directed the State’s legal representatives to formally respond to these serious allegations and scheduled the matter for further hearing on April 7.

The High Court’s order summarised the joint submission made by Senior Advocate Singhvi and the Advocate General, wherein they requested that the matter be heard on April 7 to allow the State sufficient time to file a counter affidavit. The court recorded that the petitioners had no objection to this timeline, provided that the interim relief against tree felling remained in place. Senior Advocate Niranjan Reddy reiterated that since the Supreme Court had already imposed a stay, the High Court should simply proceed with the scheduled hearing on April 7. The court accepted these arguments and directed the State to file its response to all interim applications submitted by the petitioners.

Hearing on April 2, 2025: On Wednesday, the Telangana High Court had imposed a temporary stay on the felling of trees in the disputed Kancha Gachibowli land. The matter was heard following an urgent plea against the Telangana government’s issuance of a Government Order (GO) that sought to alienate 400 acres of green cover for the development of IT infrastructure.

The matter arose from a petition filed by the environmental non-profit Vata Foundation, which challenged a contentious government order facilitating the alienation of 400 acres of green land in the region for IT infrastructure development. The petitioners argued that the GO violated the Forest Conservation Act, 1980, and demanded that all government actions undertaken pursuant to the order be annulled. They further urged the court to designate the land as a ‘National Park.’ Additionally, the court heard a similar Public Interest Litigation (PIL) filed by retired scientist Kalapala Babu Rao, who sought equivalent relief.

Between 28/03/25 to 02/04/25.. just 3 – 4 days… lives of peaceful living beings has been turned upside down.. in its desperation.. while the court believed otherwise.. the Govt deploys dozens of heavy machinery to flatten a beautiful deemed forest land in #KanchaGachibowli..… pic.twitter.com/NR8Bf1Typj

— Vata Foundation (@vata_foundation) April 2, 2025

The Vata Foundation’s plea asserted that the land, which had remained untouched for centuries, was home to 237 bird species, spotted deer, wild boars, star tortoises, snakes, and ancient rock formations and lakes. The petitioners contended that the Telangana State Industrial Infrastructure Corporation (TSIIC), which acquired the land in 2012, issued the GO in 2024 intending to divert the land for commercial purposes. The rapid deforestation prompted the petitioners to approach the High Court, highlighting that the area also encompassed land belonging to the University of Hyderabad, which needed urgent protection.

The court had originally scheduled the matter for April 7 but was forced to intervene earlier after the petitioners reported that 40 JCB machines had been deployed for large-scale tree felling. Following urgent lunch motion requests, the High Court took up the matter on April 2 and imposed a stay.

During the hearing, Senior Advocate L. Ravichander, appearing for the petitioner Kalapala Babu Rao, highlighted the blatant disregard for judicial precedents by the Telangana government. He pointed out that the government’s actions flouted two crucial Supreme Court judgments—T.N. Godavarman Thirumulpad v. Union of India and Ashok Kumar Sharma v. Union of India & Others—which mandated the identification and preservation of forests, including areas not officially designated as such but qualifying under the dictionary definition. He further argued that the region’s unique rock formations, estimated to be nearly 2 billion years old, harboured rare flora and exotic bird species that warranted urgent protection.

Conversely, the State’s Advocate General A. Sudharshan Reddy dismissed the petitioners’ case as being based solely on “Google images” rather than official records. He argued that the government held clear revenue records indicating that the land had always been designated for industrial use. Attempting to trivialise the issue, he remarked that if the presence of peacocks, mongooses, and snakes were to determine forest status, then large parts of Hyderabad, including the city’s golf course, should also be declared forests. The High Court, however, refused to accept this line of reasoning and reiterated the need for a thorough examination of the matter.

Union government’s intervention

The Union Ministry of Environment, Forest & Climate Change officially intervened in the contentious clearing of 400 acres of forest land in Kancha Gachibowli, Hyderabad, which has been earmarked for auction by the Telangana government. Expressing serious concern over the alleged large-scale deforestation and environmental damage, the ministry has demanded an immediate factual report from the State government regarding the ongoing developments on April 2, 2025.

In a formal communication addressed to the Additional Chief Secretary (Forests) of Telangana on Wednesday, Assistant Inspector General of Forests S. Sundar stated that the ministry had been alerted to reports of “illegal felling and removal of vegetation” in the Kancha Gachibowli area. The Telangana Industrial Infrastructure Corporation Limited (TGIIC), the entity responsible for the land’s auction, was identified as carrying out these activities. The letter noted that widespread news coverage in both print and digital media had highlighted concerns over ecological destruction, particularly regarding harm to the region’s wildlife, water bodies, and distinctive rock formations.

Further amplifying the gravity of the situation, the letter revealed that the Union Minister for Environment, Forest & Climate Change, Bhupender Yadav, had received multiple representations from Members of Parliament and various public representatives, urging immediate action to prevent irreversible environmental damage.

In light of these alarming concerns, the ministry directed the Telangana government to submit a detailed factual report on the matter without delay. Additionally, the State was instructed to initiate legal proceedings as per the relevant statutes, including the Indian Forest Act, the Wildlife Protection Act, and the Van (Sanrakshan Evam Samvardhan) Adhiniyam, among other applicable laws. The letter also stressed the necessity of ensuring strict adherence to judicial directives issued by courts and tribunals concerning forest conservation and land protection.

Reacting to the Union’s intervention, Union Minister for Coal and Mines G. Kishan Reddy publicly expressed his gratitude to Bhupender Yadav for taking decisive action in the matter. Reddy emphasised that the Union’s response was a crucial step towards ensuring governmental accountability, preventing further environmental degradation, and safeguarding the region’s green cover. He further remarked that the intervention would help ensure that all actions related to the disputed land remain within legal boundaries and undergo the necessary scrutiny through proper consultation processes.

Environmental devastation and rising concerns

Student groups and environmental activists have warned that the destruction of the Kancha Gachibowli Forest will have dire ecological consequences. Researcher Arun Vasireddy, in a report on the area’s environmental significance, highlighted that deforestation in Kancha Gachibowli Forest could lead to a rise in local temperatures by 1 to 4 degrees Celsius, worsening heat conditions in the Gachibowli region. As Hyderabad’s IT corridor continues to expand, activists argue that the loss of such a crucial green space will further degrade air quality, threaten biodiversity, and contribute to climate instability.

Despite mounting protests, the state government has shown little willingness to engage with environmental concerns, opting instead for heavy-handed police action against students and journalists alike.

Congress government’s crackdown on student protest at University of Hyderabad

The University of Hyderabad (UoH) has erupted in protest as students launched an indefinite boycott of classes, condemning the Telangana government’s decision to auction 400 acres of Kancha Gachibowli through the TGIIC for the development of an IT park. The protests gained momentum amid allegations of state overreach, police repression, and environmental destruction.

According to Akash Kumar, vice president of the UoH Students’ Union, students are being forcibly restricted within the campus premises by the police, preventing them from taking their protest to the streets. “The ongoing deforestation by TGIIC is leading to irreversible ecological damage. Kancha Gachibowli is home to diverse flora and fauna, and we demand an immediate halt to these reckless land-clearing activities. We have launched an indefinite strike today and will continue until the deforestation stops,” Kumar stated while conversing with reporters of The Hindustan Times. He further demanded the removal of the heavy police presence and the more than 50 earthmoving machines that have been systematically razing down the land.

Protesting students emphasised that Kancha Gachibowli is not merely an empty piece of land but an ecological hotspot that harbours over 734 plant species, 220 bird species, and vulnerable wildlife, including the Indian Star Tortoise. The land’s unique rock formations and lakes contribute to the biodiversity of the region, and its destruction for an IT park is seen as an act of environmental vandalism.

Despite widespread public outrage, TGIIC has persisted with the clearing activities since Sunday. The Telangana police, on the other hand, attempted to whitewash their role by releasing a statement on Monday denying the use of force. According to their version, students were not subjected to lathi charges but had instead “attacked officials and workers with sticks and stones.” On Monday and Tuesday, the state police detained 55 students in what has been described as a preventive measure, later releasing 53 of them. However, as per Telangana Today, two students—B. Rohit Kumar and Erram Naveen Kumar—were arrested and remanded to judicial custody, having been booked under multiple sections related to criminal trespassing and rioting.

Escalation of State Repression: Police brutality and arbitrary detentions

As protests entered their fourth consecutive day on April 2, 2025, the situation on campus turned increasingly tense. Students and faculty members, led by the University of Hyderabad Teachers’ Association and the Joint Action Committee, intensified their agitation, rallying inside the campus and condemning both the government’s actions and the university administration’s inaction. However, in a move reminiscent of authoritarian crackdowns on student movements, the state responded with force.

On Tuesday, police had resorted to lathi charges as demonstrators attempted to march towards the main gate. Several students sustained injuries as scuffles broke out at the East Campus, further fuelling resentment against the state’s heavy-handed tactics. Videos circulating on social media show police officers beating students and forcibly dragging them away, despite peaceful protest being a fundamental democratic right.

NSUI-HCU General Secretary Prabhakar Singh spoke to the media and lambasted the university administration for what he called “facilitating” police brutality. “The administration has completely failed us. They enabled the police to enter the campus and allowed JCB machines to continue their destruction. They have not even disclosed the details of the executive council meeting held on March 20, which would have clarified their stance on the land issue,” he said.

The demonstrations have united an unusual mix of political and student groups. Left-wing and Dalit-Bahujan student organisations, along with the Akhil Bharatiya Vidyarthi Parishad (ABVP), the BJP’s student wing, are all opposing the auction. Student unions from institutions such as Jawaharlal Nehru University (JNU) and Osmania University have also extended their support. Meanwhile, the Congress’s student wing, the National Students’ Union of India (NSUI), has taken a more neutral stance, criticising the university’s failure to protect the land while advocating for discussions on securing its ownership.

A Legacy of Encroachments: The larger struggle for campus land

For many within the university community, this battle is not just about the 400 acres at Kancha Gachibowli but about a continued history of state encroachments on university land. Over the years, multiple projects have chipped away at the university’s territory, including the establishment of the IIIT campus, Gachibowli Stadium, a bus depot, a power station, a school, and even a shooting range. “The state has systematically grabbed land from the university for years. Now, this last remaining stretch, which we consider part of our campus, is also being taken away,” said a protesting student, as per the Hindustan Times.

The faculty and students fear that if this land is lost, the university’s expansion will be severely hampered, undermining its status as an Institution of Eminence. More importantly, they stress that the encroachment of green spaces in favour of commercial ventures sets a dangerous precedent, where corporate interests are prioritised over public welfare and environmental sustainability.

While the Telangana government continues to claim sole ownership of the 400-acre land, its narrative has been met with stiff resistance. The state maintains that a survey conducted on July 19, 2024, in the presence of university officials, confirmed that the University of Hyderabad holds no legal claim to the land. However, the university administration has refuted these claims, stating that no such survey ever took place. The institution insists that it has been repeatedly requesting the state for proper demarcation, only to be ignored.

Regardless of the state’s legal claims, protesting students claim that the issue at hand is not mere ownership but environmental conservation and academic autonomy. The land is an irreplaceable green lung for Hyderabad’s IT corridor and must be preserved rather than handed over to corporate interests.

As the protests persist, students remain resolute in their demands: immediate withdrawal of police forces and bulldozers from the campus vicinity, a written assurance from the university administration that it will fight for the land’s legal registration under its name, and transparency in land-related documents and executive decisions.

Journalist detained amid crackdown on protest coverage

Bharat Rashtra Samithi (BRS) working president K.T. Rama Rao has strongly criticised the Congress-led Telangana government for allegedly detaining a journalist covering the ongoing student protests at the University of Hyderabad. KTR condemned the police action, describing it as an excessive use of state power to silence dissent. He accused the government of suppressing press freedom and stifling critical voices. “The draconian police overreach in Telangana is alarming! Journalists are being detained & dissenting voices arrested. This blatant suppression of free speech & expression is unacceptable. And Rahul Gandhi goes to town preaching about democracy and free speech The double standards is beyond sickening.,” he stated in a post on X (formerly Twitter).

The draconian police overreach in Telangana is alarming!

Journalists are being detained & dissenting voices arrested.

This blatant suppression of free speech & expression is unacceptable.

And @RahulGandhi goes to town preaching about democracy and free speech

The double… https://t.co/tRDPyndwc2

— KTR (@KTRBRS) March 30, 2025

The detained journalist, identified as Sumit, was documenting the arrests of students protesting the destruction of greenery on the university campus. He later posted a video on social media showing his detention by the police, sparking outrage among press freedom advocates. BRS spokesperson Krishank also slammed the Congress government, arguing that arresting a journalist for doing their job was an attack on the fundamental role of the media in a democracy.

Political opposition intensifies

Bharat Rashtra Samithi (BRS) working president and former Telangana minister K.T. Rama Rao has called on Congress leader Rahul Gandhi to intervene in the ongoing land dispute at the University of Hyderabad. Citing Gandhi’s past opposition to the destruction of Mumbai’s Aarey forest, KTR questioned the Congress’s silence on deforestation in Telangana.

This is brazen green murder by destroying 400 acres of precious lung space in western Hyderabad

You can hear the peacocks crying for help as the bulldozers and JCBs of the Congress Govt rummage

If you don’t speak up now, it’s on you Mr @RahulGandhi #SaveHCUBioDiversity pic.twitter.com/iPxnhSgAdv

— KTR (@KTRBRS) March 31, 2025

Amidst growing tensions, Telangana police on April 1 had detained several BJP leaders, including MLAs Payal Shankar and Dhanpal Suryanarayana Gupta, as they attempted to join student protests at the university. The BJP has escalated the matter at the national level, with Telangana BJP president G. Kishan Reddy, Union Minister Bandi Sanjay, and BJP MPs meeting Union Education Minister Dharmendra Pradhan in Delhi to seek his intervention.

KTR, in a series of posts on X, accused the Congress-led state government of suppressing student voices, harming the environment, and even displacing wildlife. He alleged that police were preventing BRS leaders, including himself, from visiting the protest site. Drawing a comparison, he recalled how Rahul Gandhi was given full security and access when he visited Hyderabad Central University twice during K. Chandrashekar Rao’s tenure to support justice for Rohith Vemula. “Why this hypocrisy, Rahul Ji? What is your government trying to hide from the world?” KTR asked.

హైడ్రా, మూసీ పేరుతో ప్రజల ఇండ్లు – హెచ్‌సీయూలో పక్షుల గూళ్లు

నోరున్న జనంపైకి బుల్డోజర్ – నోరు లేని మూగజీవాల మీదకు బుల్డోజర్!

మూసీలో, హైడ్రాలో మూటల వేట – ఆఖరికి హెచ్‌సీయూలోనూ కాసుల వేట

పంటలు ఎండుతున్నాయి నీళ్లు లేవంటూ రైతుల గోస – అర్ధరాత్రి బుల్డోజర్ దెబ్బలకు వన్యప్రాణాల… pic.twitter.com/jvTFiO1hB4

— KTR (@KTRBRS) April 1, 2025

There have been no social media posts from senior Congress leaders regarding the issue. Leaders such as Rahul Gandhi, Jairam Ramesh, and Priyanka Gandhi have not made any public statements about the protests, arrests, detentions, or the deforestation.

Telangana government defends land auction and development plans

Despite the mounting opposition, the Telangana government is pushing ahead with its plans. Heavy machinery has been deployed to level the land, removing trees and shrubbery over the past few days. Chief Minister A. Revanth Reddy has defended the project, arguing that developing the 400-acre site will spur economic growth, attract investments worth ₹50,000 crore, and generate five lakh jobs. He dismissed opposition leaders as “cunning foxes” attempting to obstruct progress.

On March 31, Telangana’s Revenue Minister Ponguleti Srinivas Reddy had asserted that the state holds full legal ownership of the land. “We took possession of this land after winning legal battles in both the high court and the Supreme Court. Not a single inch belongs to Hyderabad Central University. Any attempt to dispute this is contempt of court,” he declared.

Deputy Chief Minister Mallu Bhatti Vikramarka, an alumnus of the university, clarified that HCU had long assumed the land was under its jurisdiction. He explained that when the Telugu Desam Party (TDP) government allocated 400 acres to a private firm in the past, an alternative 397-acre plot in Gopanpally was provided to the university in exchange.

Accompanied by fellow HCU alumnus and IT Minister Sridhar Babu, Bhatti presented evidence of agreements signed between the university’s former registrar and state revenue officials. Sridhar Babu assured that the auction and development would not harm the ecosystem, including landmarks like Peacock Lake and Mushroom Rock, and that students would continue to have access to these sites.

The ministers also accused opposition parties, particularly the BRS, of spreading misinformation by using old images—such as pictures of a dead deer—to mislead students. TGIIC and Chief Minister’s Office (CMO) officials stated that revenue records confirm the 400-acre plot is not classified as forest land, countering BJP claims that it falls under a protected zone. Officials further revealed that a survey was conducted in July 2024 with the consent of the university registrar, and boundary demarcations were finalised in the presence of university and government officials.

Background: The 400-acre land dispute at Hyderabad University

The 400-acre land parcel at the centre of the controversy is part of the approximately 2,500 acres originally allocated to the University of Hyderabad (Hyderabad Central University) when it was established through an Act of Parliament in 1974. The undivided Andhra Pradesh government had granted this land, which was then a remote area about 20 km from Hyderabad’s city centre. Over the years, with the expansion of Hyderabad’s financial district, the land has become highly valuable, particularly due to the growth of the IT sector and corporate developments.

Located in survey number 25 of Kanche Gachibowli village, Serilingampally mandal, Ranga Reddy district, the land is now surrounded by key institutions, including the university, the International Institute of Information Technology (IIIT), the Indian School of Business (ISB), and major technology campuses such as Microsoft.

In January 2004, following the successful hosting of the 2003 Afro-Asian Games at the nearby Gachibowli sports complex, the then Chandrababu Naidu-led government allotted these 400 acres to IMG Academies Bharat Private Limited for the development of sports facilities. However, the project never took off, leading to the cancellation of the allotment in November 2006 by Naidu’s successor, Y.S. Rajasekhara Reddy. The land was subsequently transferred to the state’s youth advancement, tourism, and culture department.

IMG challenged the cancellation in court, resulting in a prolonged legal battle that lasted nearly two decades. When the Revanth Reddy-led government came to power in December 2023, it pursued the case aggressively. In March 2024, the Telangana High Court ruled in favour of the state government. IMG then appealed to the Supreme Court, but the petition was dismissed in May 2024. Following the court’s decision, the Telangana government formally took possession of the land.

In June 2024, the TGIIC submitted a proposal to utilise the 400-acre plot for IT and commercial projects. Subsequently, on July 1, 2024, the revenue department officially transferred the land to TGIIC, paving the way for its auction and development.

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Adivasi Land Rights Erosion: The effects of the 2023 Forest Conservation Amendment Act

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With less than two weeks for polling, how concerned are national parties on land and forest rights for Adivasis?

The post Mass Deforestation, Protests, Detentions: Supreme Court halts Telangana’s reckless tree felling at Kancha Gachibowli, questions permissions appeared first on SabrangIndia.

When he breathed his last some time back, homages poured in from far and wide including the state and the national government. However when I visited his wife Vimla Bahuguna and daughter Madhu Pathak soon after this, they emphasized that what is most important is to honor his ideas and vision. Since then they have continued to work for this cause and their most recent effort is in the form of the book being discussed here. Titled ‘Paharon ki Peera’ (The Agony of the Mountains) this Hindi book containing 43 essays, memoirs and articles of Sunderlal Ji reminds us of the unique writing skills and style rooted in his unending travels ( including very long foot marches all over the vast Himalayan region) and struggles. In her introduction Madhu Pathak has acknowledged the help and encouragement she received from her mother Vimla and from her husband Dr.Bhuvan Chandra Pathak. Kumar Prashant has written an engaging foreword.

This book has Sundrlal Bahuguna’s writing on environment and forests, several pages of his diary, his recollections of various struggles, biographical sketches of great inspirational persons with whom he worked ( including Sridev Suman, Sarla Behan and Mira Behan, as well his observations on various issues of interest and importance. Parts of the book bring back vivid memories of the numerous campaigns and struggles with which he was associated.

The veteran environmentalist and Chipko ( hug the trees movement) activist was also a freedom fighter and regarded Mahatma Gandhi as his most prominent teacher and mentor. He devoted his life to applying principles of non-violent struggles in the context of increasingly important tasks of protecting forests and rivers.

Along with his wife Vimla ( who was more formally trained in Gandhian principles and methods by Sarla Behan, the famous European disciple of Gandhi) , several deeply committed Gandhian activists and villagers of Garhwal region of  Western Himalayas he was involved in many struggles to protect trees marked for felling and to prevent the construction of gigantic dams widely exposed for their serious risks and hazards by senior scientists and experts.

Born in a village along the bank of the Ganges river in Tehri Garhwal , as a schoolboy he met Sridev Suman , a famous freedom fighter who later sacrificed his life during a jail sentence, and decided to follow his example of a deeply committed social life.

After independence Sunderlal and Vimla settled in the remote village of Silyara to serve the villagers of surrounding areas, leading an austere life.

Following the Chinese invasion leading Gandhian  Vinoba Bhave called upon  Gandhian social workers in the Himalayan region to play a wider social role and so now  Sunderlal started travelling more widely  in many parts of Uttarakhand, particularly the Garhwal part. This led to increasing involvement with social and environmental concerns.

Both Sunderlal and Vimla were involved in anti-liquor movements and rights assertion movements of weakest sections which challenged various forms of discriminatory practices. Enduring relationships were established with several younger activists like those in Henvalghati region.

Around the late seventies a series of Chipko movement activities centered in Henvalghati region were launched for saving forests like those of Advani and Salet which generated a lot of enthusiasm. The action shifted then to even more remote forests like those of  Badiyargad, where Sunderlal Bahuguna went on a long fast in a dense forest area in very  difficult conditions and Vimla also followed him there. During a visit to this region to report on this movement, I learnt that Madhu, brave daughter of brave parents, had also plunged into a forest closer to Silyara Ashram to protect the trees being felled there.

Side by side Sunderlal maintained a dialogue with senior persons in the government. The then prime minister Mrs. Indira Gandhi in particular had very high respect for him. Very big success was achieved as the government agreed to stop the green felling of trees in a vast Himalayan area.

Following this success Sunderlal went on a very long and difficult march from Kashmir to Kohima, including Bhutan and Nepal, covering a vast part of the Himalayan region to spread the message of saving forests and environment with the involvement of people. During this march, taken up in several stages, several times he faced threat to life but did not stop and completed the march. This march helped him greatly to known the conditions of people and environment in the Himalayan region to a much wider extent.

He emphasized protection of sustainable livelihoods along with protection of environment. He was involved closely in resisting displacement and organizing forest workers. He was also involved in several constructive activities relating to regeneration of degraded forests.

Soon he was in the thick of the movement for opposing the harmful social and environmental aspects of dam projects in Himalayan region particularly the gigantic and highly controversial Tehri dam project, which was described as a project of unacceptably high hazards even by officially constituted committees. This proved to be a very long and difficult struggle. Sunderlal Bahuguna left his ashram in Silyara and camped on the bank of the Ganges river for a very long time, accompanied by Vimla.

Although this long struggle did not succeed in stopping the high-risk dam, it certainly helped to spread awareness of these important issues far and wide.

Sunderlal Bahuguna became an inspiration source for forest protection and environmental struggles in many parts of India and even abroad. In the Western Ghats region, for instance, he was an important inspiration source for the great Appiko movement for saving forests. He visited the region and this proved to be an important turning point in the mobilization for the movement.

He was honored with several prestigious awards, including the Padma Vibhushan.

He contributed to many constructive causes such as the Bhoodan (gift of land) movement for making available some farmland to landless rural households.

He played a very important role in evolving an alternative development strategy for the Himalayan region rooted in a combination of combining environment protection with sustainable livelihoods.

Some more information on the book (in Hindi)—Paharo ki Peera by Sunderlal Bahuguna ( Selected writings compiled and edited by Madhu Pathak), 266 pages, Price INR 350, Paperback, Published by Samay Sakshay, 15 Faltu Line , Dehradun—248001, India.

The writer is Honorary Convener, Campaign to Save Earth Now. His recent books include Vimla and Sunderlal Bahuguna—Chipko Movement and the Struggle Against Tehri Dam Project, Man over Machine-A Path to Peace, Planet in Peril and A Day in 2071.

The post Problems, Struggles and Policy for Himalayan Region as seen in the Writings of Sunderlal Bahuguna appeared first on SabrangIndia.

All those detained Mohammad Abdullah Gujjar (resident of Sigdi Bhata), Noor Din (resident of Kakerwagan), Ghulam Nabi Choppan (resident of Trungi – Dachhan), Mohammad Jaffer Sheikh (resident of Nattas, Dool), Mohammad Ramzan (resident of Dangduroo – Dachhan), trade union leaders from Kishtwar district and Rehamatullah from Doda District (J&K) were only raising pertinent issues regarding socio-environmental impacts of large projects as well as solid waste management.

Some of the key signatories from over 20+ states, include notable activists, academics, advocates like: Prof. Roop Rekha Verma, Rama Teltumbde, Soumya Dutta, Prof. Manoranjan Mohanty, Prof. Uma Chakravarti, Lalita Ramdas, Kavita Srivastava, Adv Indira Unninayar, Dr. Sandeep Pandey, Elina Horo, Mayalmit Lepcha, Himanshu Thakkar, Anuradha Bhasin, Sheikh Ghulam Rasool, Anmol Ohri, Mohd Ishak, Shamsul Islam, Arun Khote, Anand Patwardhan, John Dayal, Dunu Roy, Dr. Nandita Narrain, Raja Muzaffar Bhatt, Prafulla Samantara, Prof. Padmaja Shaw, Hasina Khan, Ashok Chowdhury, Yash Marwah, Cedric Prakash, Ruchit Asha Kamal, Adv Vinay Sreenivasa, Dr. Gabriele Dieterich, Manshi Asher, Kailash Meena, Suhas Kolhekar, Vidya Dinker, Madhuri, Bittu KR, Bhanu Tatak, AS Vasantha, Prasad Chacko, Adv Vertika, Meera Sanghamitra and many others.

The signatories came out in strong support of the activists stating, “socio-ecological justice activism and raising legitimate concerns should not be mislabeled as “anti-national.  Attempts to silence dissent by branding it as “anti-national” weaken the foundations of democratic governance and hinder constructive dialogue on pressing social issues”. Such actions of the State undermine people’s right to hold authorities accountable, the right to peaceful protest and community involvement in decision making processes.

It must be emphasised that popular opposition to hydro-power, mega infrastructure is not isolated to the region of Jammu & Kashmir, but is seen across the Himalayan states, given the enviro, socio-economic threats these projects pose to the region at large. Thus, clamping down on ecological movements in the region only hampers the much-needed struggle to combat climate crisis.

An appeal was made both to the newly formed government in Jammu & Kashmir and to the Union Government not to resort to high-handed interventions, as people on the ground voice legitimate concerns in a peaceful way. The signatories hoped that as the 29th United Nations Climate Change Conference at Baku (COP29) is underway, necessary attention would be paid to environmental defenders back home, safeguarding ecology at great risk.

Yesterday, November 12, The Wire had reported that one of those detained, a young activist from Doda, whose detention under the Public Safety Act (PSA) was quashed in 2016 by J&K high court, has again been booked under the controversial law, with his family and a member of J&K legislative assembly alleging that he was targeted by the authorities for his activism. Ironically, Rehamatullah’s detention under the same draconian law was quashed by the HC in 2017. His arrest comes soon after five trade union leaders of Chenab Valley were slapped with the PSA, allegedly for raising concerns over the increasing health risks and environmental degradation caused by the construction of power projects in the region.

This action comes days after five trade union leaders from the adjoining Kishtwar district of Chenab Valley were slapped with the PSA and taken into preventive custody, allegedly for raising concerns over the increasing health risks and environmental degradation caused by the construction of power projects in the region.

The controversial legislation, which has been dubbed as a “lawless law” by Amnesty International, has been widely used to silence political dissidents and government critics in Jammu and Kashmir by the Union government after the reading down of Article 370 in 2019, according to free speech activists.

Though the Union territory of Jammu and Kashmir now has an elected government, the police report to the Union ministry of home affairs via the lieutenant governor since the UT government’s limited mandate does not extend to law and order.

‘Sympathiser of militants’

In its latest action on November 9, Rehamatullah, 25, who lives in Dessa Bhatta of Doda, was booked under the PSA on charges of being an alleged “overground worker and sympathiser of militants” who posed a “threat to the security of the state”. The dossier (PSA 02 of 2024) also accused Rehamatullah of being “in continuous touch with ISI/PAK based settled militants”.

However, the five-page dossier, which has been prepared by the Senior Superintendent of Police (Doda) and approved by deputy commissioner Doda Harvinder Singh, does not refer to any formal anti-terror charges under which Rehamatullah has been booked in the past.

The dossier stated that the young activist has been booked in five FIRs (two of them for his speeches, one each for wrongful restraint, abduction and criminal trespass) and he has got bail from the courts in all the cases. It also referred to a Daily Dairy entry (No. 5 of August 2, 2024) against Rehamatullah at Doda police station.

The DD entry accused the young activist of purportedly using VPN for accessing the internet “so that his anti-national activities and his links across the border with PAK/POK based militant cannot be detected”.

“As evident from the above, it can be…concluded that the subject has maintained his links with the PAK/ POK based militants, which may have been used by foreign terrorists in killing defense forces personnel in multiple attacks in the district in the last 6 months. It is clear that the subject…has become a great threat to the security of the State,” the dossier noted.

Rehamatullah is the father of two minor children and the youngest among three siblings.

‘A big scam’

However, Doda MLA and Aam Aadmi Party (AAP) leader, Mehraj Malik sought to link the detention of Rehamatullah under the PSA with a video interview on November 6 in which the activist had accused the Doda deputy commissioner of failing to enforce the rules governing the disposal of solid waste in the town.

Against the backdrop of plumes of smoke rising from mounds of garbage, which he claimed had been set on fire by Doda town’s municipal authorities, Rehamatullah can be heard saying that the unscientific disposal of garbage was causing health issues for the residents. A Solid Waste Management Project was approved by the National Building Construction Corporation Limited in 2008 for Doda to collect garbage from 17 wards of the town and convert it into manure.

“The plant was supposed to minimise the negative impacts of solid waste on environment, quality of life and health. Why is the magistrate not taking suo moto cognisance? Why is the pollution control board and municipality silent? It is a big scam. Crore of rupees are being swindled. The government should look into it,” the activist had asked. In another video on September 16, Rehamatullah can be heard appealing the people to use their democratic right to vote to give a “befitting reply” to the “forces of tyranny” and “those targeting the identity” of Jammu and Kashmir, “I appeal people to throng the polling booths and give a befitting reply to the tyrants by raising the slogan of ‘Inquilab zindabad’,” he said.

Charges against five trade union leaders

The detention of Rehamatullah came days after five trade union leaders in the adjoining Kishtwar district were booked under the PSA amid growing concerns over the environmental degradation caused by the power projects in the district. The detention of the five leaders was condemned by the Peoples Democratic Party president Mehbooba Mufti, among others.

According to reports and several social media posts from journalists and activists in Chenab Valley, which comprises Doda, Kishtwar and Ramban districts, the five detainees had been flagging the issues of environmental degradation, poor compensation and health hazards triggered by pollution due to the ongoing construction of these power projects.

However, the administration has accused the five men of “anti-national activities” and “disturbing public order”. Doda-based journalist and editor of The Chenab Times, Anzer Ayoub said that the fact that the detainees were trade union leaders “is a gross abuse of power.”

The entire statement issued by academics and activists may be read below:

Stop Arbitrary Detentions and Intimidation of Social & Environmental Activists in Jammu & Kashmir

Save Ecology & Uphold Democratic Rights in J&K and entire Himalayan Region Release all detained activists immediately: Withdraw arbitrary cases

The National Alliance of People’s Movements (NAPM), along with other people’s organizations and concerned citizens from across India strongly condemns the arbitrary detention of social and environmental activists in Jammu & Kashmir under the Public Safety Act (PSA). Those detained under the provisions of J&K Public Safety Act, 1978, include Mohammad Abdullah Gujjar (resident of Sigdi Bhata), Noor Din (resident of Kakerwagan), Ghulam Nabi Choppan (resident of Trungi – Dachhan), Mohammad Jaffer Sheikh (resident of Nattas, Dool) and Mohammad Ramzan (resident of Dangduroo – Dachhan), trade union leaders from Kishtwar district.

The authorities claim that these persons were attempting to ‘obstruct projects of national importance’. However, according to local sources and social media posts of activists and journalists from the Chenab Valley, the detained activists were voicing several specific concerns about the hydropower projects including infrastructure-related impacts and damages, environmental violations, denial of compensation and rehabilitation etc. They also alleged that local houses and properties suffered severe damage due to project-related blasting and that construction work reportedly caused ‘structural integrity issues’ in nearby buildings. It is learnt that 22 other persons have been placed under state ‘surveillance’ and we fear that they may also be subject to arbitrary detention or arrests.

It has also been reported that another young climate activist Rehamatullah (25), from Dessa Bhatta of Doda (J&K), who has been vocal about environmental issues and was actively uncovering a solid waste management scam, has been detained under the Public Safety Act (PSA). His work exposed the alleged misuse of funds and negligence in managing local waste, affecting public health and the environment. These detentions have raised concerns among local communities and environmental organizations, who view it as a suppression of environmental activism and transparency efforts.

We are of the earnest view that the detention of these activists who have only been advocating for the protection of local ecosystems, people’s democratic rights and truly sustainable development, undermine the right to hold authorities accountable, the right to peaceful protest and community involvement in decision making processes. It also represents a troubling misuse of power and a suppression of fundamental rights, which should alarm every citizen who believes in democracy and justice.

The criminalization of activism in Jammu and Kashmir, exemplified by laws such as the Public Safety Act (PSA), has systematically suppressed local voices. We must unite in support of activists, including climate justice activists, and support their well-meaning advocacy efforts in J&K. It is imperative that the new government that has been voted to power in J&K with expectations that at least some democratic rights would be upheld, must live up to this popular mandate. Even as issues and subjects of federal rights are divided between the Centre and J&K, we expect the Lieutenant Governor and the Central Government to act responsibly and refrain from high-handed interventions, as people on the ground voice legitimate concerns in a peaceful way.

It must be emphasised that popular opposition to hydro-power and mega infrastructure is not isolated to the region of Jammu & Kashmir, but is seen across the Himalayan states, given the environmental and socio-economic threats these projects pose to the region at large. Thus, clamping down on ecological movements in the region only hampers the much-needed struggle to combat climate crisis.

NAPM strongly asserts that socio-ecological justice activism and the act of raising legitimate concerns should not be mis-labelled as “anti-national.” Attempts to silence dissent by branding it as “anti-national” weaken the foundations of democratic governance and hinder constructive dialogue on pressing social issues.

We call for the immediate and unconditional release all detainees and demand that the PSA, other charges against them be withdrawn. Activism and dissent are essential components of a healthy democracy, and they should be respected rather than criminalized. The authorities must instead impartially inquire into the allegations of corruption, ensure participatory socio- environmental impact assessments and prioritize ecological justice. As the 29^th United Nations Climate Change Conference kickstarts at Baku (COP29), we hope necessary attention would be paid to environmental defenders back home, safeguarding ecology at great risk.

List of Signatories 

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For instance, the case of Godavarman Thirumulpad vs. Union of India[1]– the order stopping non-forestry activity in forests to the case of Orissa Mining Corporation vs. Ministry of Environment and Forests[2] (as it was called then) that has often been deliberately mis-interpreted by the infamous Forest department officials to the more enlightened order declaring Gram Sabha as a body having a role in safeguarding customary and religious rights of the STs and other traditional forest dwellers, judiciary has been taking a sometimes conflicting, often proactive in taking a progressive view. At a time when the climate change crisis is showing its effects on the most marginalised sections- from heat waves to irregular rainfall-it becomes important to understand how one of the most important institutions of the country is viewing climate change, and its effects on people.

In Virender Gaur v. State of Haryana[3], the Supreme Court had recognised the right to a clean environment. And recently, a three-judge bench of the Supreme Court, led by Chief Justice, D.Y. Chandrachud, in the case of MK Ranjitsinh vs. Union of India has delivered a judgement that will have significant implications for environmental law jurisprudence in the Country, in the decades to come.[4] The court declared that the right to be free from adverse effects of climate change is a fundamental right. In both Virender Gaur and MK Ranjitsinh, the opposing party was the government, wanting to do an act that petitioners opposed due to its effect on the environment. In this article, we will discuss the significance of MK Ranjitsinh v.  Union of India, and its implications for environmental jurisprudence in India.

In Virender Gaur, a public space belonging to the municipality was handed over for construction to a third party, by the government. The public opposed the government’s move claiming that the public space was left for the purpose of sanitation and maintenance of hygiene and to allot it to a third party would defeat the purpose for which it was demarcated. The Supreme Court stated as follows:

“Environmental, ecological, air, water, pollution, etc. should be regarded as amounting to violation of Article 21. Therefore, hygienic environment is an integral facet of right to healthy life and it would be impossible to live with human dignity without a humane and healthy environment.”

At the heart of this matter is land-a limited resource that the government wants to be used and the competing public interest which wants the land to be in status quo-as it is in the current state. In a way, the case of MK Ranjitsinh also stems from the same issue.

Facts in MK Ranjitsinh

Great Indian Bustard-the state bird of Rajasthan is on the verge of extinction. In a prior order by the Supreme Court in April 2021, directions were passed restricting the laying of overhead power transmission lines in about 99,000 square kilometres by solar power companies in the states of Rajasthan and Gujarat.[5] The court appointed a committee for assessing the feasibility of laying high voltage underground power lines, and stated that where the conversion of overhead power lines to underground power lines is feasible, such conversion be undertaken and completed within a year. While the court appointed committee implemented the directions of the court, various ministries of the government- Ministries of Environment, Forests and Climate Change; Power; New and Renewable Energy- approached the court to modify the order since the judgement covered more land than what is required for the protection of GIB and the technical impossibility of laying underground high voltage power lines.

In 2024, the court asked the government to file a comprehensive status report on the issue. The government in its updated affidavit stated that the reduction in population of GIBs is not related to power lines, that Union’s international commitments to reduce India’s Carbon footprint is tied to making sure that solar and renewable projects are carried on; transmission lines laid. The government also listed the conservation projects that are in place for the protection of the Great Indian Bustard.

What were the issues?

Simply put, on one side is the issue of conservation of the critically endangered Great Indian Bustard and on the other side is the need to lay overhead power transmission lines as a part of realising the goals to mitigate climate change crisis.

In the April 2021 order, the court ordered a blanket restriction on the overhead transmission lines. The government pleaded for modification of this blanket restriction.

What did the Court say?

The court relied on Virender Gaur vs State of Haryana and on MC Mehta vs Kamal Nath[6] to arrive at articulating a right to be free from adverse effects of climate change. In MC Mehta vs. Kamalnath, the court said that Article 48A[a directive principle stating that the State shall endeavour to protect environment and to safeguard the forests and wildlife of the country] and Article 51-A(g)[A fundamental duty stating that it shall be duty of every citizen to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures] have to be considered in the light of Article 21 of the Constitution. It had stated that any disturbance of the basic environment elements like air, water and soil would be hazardous to life within the meaning of Article 21 since those elements are necessary for life.

The court in MK Ranjitsinh stated that the right to equality under Article 14 and Right to Life under Article 21 must be appreciated in the context of decisions of the Supreme Court, the actions and commitments of the state on national and international level, the scientific consensus on climate change and its adverse effects. The court stated as follows in Para 24 of the judgement, recognising the right to be free from adverse effects of climate change:

“Despite a plethora of decisions on the right to a clean environment, some decisions which recognise climate change as a serious threat, and national policies which seek to combat climate change, it is yet to be articulated that the people have a right against the adverse effects of climate change. This is perhaps because this right and the right to a clean environment are two sides of the same coin. As the havoc caused by climate change increases year by year, it becomes necessary to articulate this as a distinct right. It is recognised by Articles 14 and 21.”

Having said this, the court also tried to arrive at a balance between two sustainable interests i.e., conservation of a species and renewable power generation and distribution. The court opined that it is necessary to adopt a holistic approach which does not sacrifice either of the two goals “at the altar of the other.”

While it relied on cases like MC Mehta and Virender Gaur to arrive at articulation of Right to be free from adverse effects of climate change, it relied on India’s international commitments such as the Paris Agreement related Nationally Determined Commitments to support the modification of the order, as requested by various minisries. One of India’s NDC is to achieve 50% of cumulative electric power installed capacity from non-fossil fuel-based energy resources by 2030. The court noted the importance of solar power as a renewable energy source.

The court therefore constituted a committee which will have the power to determine the scope, feasibility and extent of overhead and underground electric lines, in the areas identified by the Wildlife Institute of India in Rajasthan and Gujarat, Identification of conservation methods for GIBs in priority areas, Monitoring and Review the implementation etc.

Implications for environment related jurisprudence

The one major difference between Fundamental Rights and the Directive Principles of State Policy is that the former are enforceable, and the latter are not. Although the subject of the environment had only featured in the DPSP and Fundamental Duties, Indian people took the option of Public Interest Litigation to challenge any of the governments’ actions that would have a devastating impact on the environment. With the declaration that the right to be free from adverse effects of climate change is a fundamental right, individual climate change litigation could grow in High Courts and the Supreme Court. The court also acknowledged the climate change related litigation in other countries and stated that those cases indicate the type of cases that will travel to courts in the next few years.

The court also took the route of Articles 14 and 21 to spell out the right to be free from adverse effects of climate change. The court stated that right to equality may also be violated in ways that are more difficult to remedy. It stated as follows, in this context:

“For example, a person living in say, the Lakshadweep Islands, will be in a disadvantageous position compared to person living in say, Madhya Pradesh when sea levels rise and oceanic problems ensue. Similarly, forest dwellers or tribal and indigenous communities are at a high risk of losing not only their homes but also their culture, which is inextricably intertwined with the places they live in and the resources of that place. In India, the tribal population in the Nicobar islands continues to lead a traditional life which is unconnected to and separate from any other part of the country or world. Indigenous communities often lead traditional lives, whose dependence on the land is of a different character from the dependence which urban populations have on the land. Traditional activities such as fishing and hunting may be impacted by climate change, affecting the source of sustenance for such people. Further, the relationship that indigenous communities have with nature may be tied to their culture or religion. The destruction of their lands and forests or their displacement from their homes may result in a permanent loss of their unique culture. In these ways too, climate change may impact the constitutional guarantee of the right to equality”

Interestingly, both Lakshadweep and Nicobar islands have been points of discussion over government’s announcements of reforms and faced criticism over the environmental damage these projects could pose.

Coming back to the judgement, the court’s choice to read the right from both Articles 14 and 21 is a significant development from the last time a right like this was identified. In Virender Gaur, the Supreme Court identified the right to clean environment from Article 21 which guaranteed that no person shall be deprived of his life or personal liberty except according to procedure established by law. In MC Mehta too, the emphasis was on how damage to environment is a violation of Article 21. The court in MK Ranjitsinh also emphasised on the fact that marginalised communities’ right to life and personal liberty is affected more due to climate change related health issues. Thus, this is an additional intersection that the court tried to do, between Environment and Article 14.

Conclusion

While the jurisprudence over this right to yet to develop, the court also noted the lack of a holistic climate change legislation in the country. The court stated, in this context, that a lack of law does not mean that people do not have a right to be free from adverse effects of climate change. This indicates the activist role played by the Supreme Court in one of the most pressing matters of the 21^st century.

The court was cautious to state that courts should be alive to other rights of affected communities such as the right to be free from displacement and allied rights while giving effect to the right to be free from adverse effects of climate change.

This caution indicates the type of cases that the court sees coming to it. Right to be Free from adverse effects of climate change is a universal right, and when juxtaposed against say, a person’s right to stay at their traditional dwelling place without having to relocate to make way for a solar park or to want compensation- the courts will have to take a balanced approach rather than siding with the climate change right.

The judgement also faced some criticism for its blanket acceptance of governments’ claims on energy transition, and for ignoring the jurisprudence on rights of nature and climate action led by indigenous peoples and other local communities. While the implications of this approach taken by the court deserves a separate examination and analysis, one thing is clear- climate change is now very much part of the emerging jurisprudence on environment and more accountability seeking petitions could emerge out of this fundamental right.

(The author is part of CJP’s legal research team)

[1] (1997) 2 SCC 267

[2] [2013] 6 SCR 881

[3] 1995 (2) SCC 577

[4] 2024 INSC 280

[5] I.A. NO.85618 OF 2020 in WRIT PETITION (CIVIL) NO.838 OF 2019

[6] (1997) 1 SCC 388

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Lack of securing tribal land rights in Andhra ‘exacerbating’ vulnerability to climate change

Climate Change May Increase Mortality Rate by 6 Times Due to Excess Heat: Lancet Study

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During the second week of May, I travelled in the foot hills as well as the High Mountain regions of Kumaon in Uttarakhand state. There was a massive fire in the foothills near Nainital. Travelling to the famous Jim Corbett Park, we found numerous patches of forest fire all through our route. It was a sad spectacle. The forest fire reached Nainital in the third week of April and endangered the High Court colony area forcing the authorities to seek army help. An MI 17 helicopter was pressed into service taking water from Nainital Lake and sprinkling it over the forest.

‘The hilly state has reported as many as 31 pine forest fires in various areas since Friday. Bhumiadhar, Jyolikot, Narayan Nagar, Bhawali, Ramgarh and Mukteshwar areas of the district have been affected, officials were quoted saying by news agency PTI.’[ii]

The sad part was that the foot hills of Tarai region were as warm as the plains of Uttar Pradesh. A journey from Kathgodam to Bhimtal in Nainital during May reflected like the crisis of Delhi during post Diwali period. The air was polluted and visibility lower than elsewhere. The government claimed that the crisis was over and shortly there were rains in Bageshwar and Pithauragarh regions too. Due to poor visibility in the Munsiyari-Pithauragarh region the air services had to be postponed for several days.

It rained for a couple of days resulting in dousing of the fire. At a village near Baitalghat, I asked a local person as what was the reason for the fire and the answer he gave was shocking. It was not natural he mentioned. People cause these fires so that the green leaves grow and their cattle have enough fodder for food. During the summer, the dry leaves of Chir and Pines cover the entire forest area which the cattle don’t eat. It also makes the entire region slippery. Many a time, villagers burn these dry leaves so that the forest grow greener fast(er) and the cattle can have enough fodder. What used to be a quick method has turn out to be disastrous for the Himalayan state. However, this cannot be the sole region. Fire causes are natural as well as deliberate mischief too. Attempt were made to create a ‘communal divide’ on social media blaming it on Muslims but that was nothing but purely mischievous. There were two individuals from Bihar who claimed to have deliberately caused this, and prompt action by the Uttarakhand police ensured their arrests and foiled their propaganda.

So far, a staggering  over 1213 Forest fire incidents have been reported in the state since November 1, 2023 until June 14, 2024. ‘Of 1653 hectares of forest land damaged in forest fires this year, 687 hectares have been damaged in Garhwal region, 833 hectares in Kumaon region and 132 hectares in wildlife administrative regions.’[iii]

Forest fire incidents are not new and we have seen these from childhood but both the forest department and people would work hard to douse them. What needs to be grappled with, and understood, is, that there are more people who enter as tourists into Uttarakhand’s hills than the entire population. In 2011, the population of the state was one crore i.e. 10 million and 2.3 crore (20.3 millions) tourists travelled the state.[iv] After the disaster of 2013, the number of tourists have grown and it is the government too, that has made all efforts to increase the numbers. For any state to grow, tourism is a good industry but the risk for Uttarakhand is that it is religious tourism that has increased multifold and to promote it the government is exceeding limits. The question is there has to be a limit to the exploiting of natural resources. How much can the Himalayas can bear or tolerate?

It is in this context that the various natural calamities taking place in the Himalayas need to be understood. With more pressure on natural resources, more visits by outsiders, growing tension between locals and outsiders might increase. Young boys and girls in the plain areas are looking for secluded areas to enjoy their privacy. In these zones, anybody can play mischief or pranks which can ultimately bring about a disaster. There can be various reasons apart from only possible mischief. Sometimes, villages self-impose protective measures to protect themselves from wild animals or protect their crop from them. So, it is not that people are only lighting fires to preserve the fodder for their cattle. At a road side tea shop about 50 kilometres ahead of Munsiyari, a local villager informed me that at many places people have lit fires to protect themselves from wild animals particularly tigers, leopard, boars and elephants. The human nature conflict in Uttarakhand has been on the rise resulting in the killing of innocent people. With more national parks, wild life sanctuaries, Tiger zones, Elephant corridors, wider highways, railway network, resorts and so many other things in the name of ‘development’, it is the innocent citizens in the hills who face this attack from the wild animals. Wild animals, who are subject to this brute nature of wild life tourism are also victims. ‘According to the Uttarakhand forest department, 71, 82 and 66 deaths due to wild animal attacks were recorded in 2021, 2022 and 2023, respectively. Of these, two deaths in 2021, 16 in 2022 and 17 in 2023 were due to tiger attacks.’ [v]

The focus on protecting ‘wildlife’ and forest is important but why are local communities and their livelihood not included in future planning? Numbers of wild life is increasing but human lives are endangered and leaving. ‘Tiger population in Uttarakhand increased by 314% between 2006 and 2022. The state has two big tiger reserves — Corbett and Rajaji. From 269 in 2018, the number of tigers in these reserves has increased to 314 in 2022. There were 173 tigers in locations outside the tiger reserves in the state in 2018. This has increased to 246 in 2022.’[vi]

Similarly, the Rajaji Corridor for elephants too is witnessing the huge animal human conflict. In the villages of Bhabar in the Shivalik foothills, the increasing number of elephants are now entering into market and homes of the people. They can be seen frequently entering into market areas, railway tracks and on the river banks resulting in accidents. There is little effort to protect human lives resulting in people becoming suspicious of the forest department. For them, all this is being encouraged and promoted for tourism in the state without caring for the local people.

‘Tiger population in Uttarakhand increased by 314% between 2006 and 2022. The state has two big tiger reserves — Corbett and Rajaji. From 269 in 2018, the number of tigers in these reserves has increased to 314 in 2022. There were 173 tigers in locations outside the tiger reserves in the state in 2018. This has increased to 246 in 2022.’[vii]

Uttarakhand’s hill regions have significant forest cover and the Forest department has more authority than the revenue department.  The high handedness of the Forest department has resulted in migration of people from their homes. For every activity people have the fear of forest department. They cannot act if the wild bores destroy their crops. They remain helpless to the attack by Guldar, Tiger or leopard. Most of the families from the hills have migrated to the plain regions such as Dehradun, Kotdwar, Haldwani, Rudrapur for better facilities. Those older people who live alone in their homes have to suffer the threat emerging from the wild animals. Using fire to protect themselves from the wild animals has been an old practice among the native people world over. Unfortunately, the Forest department has not been able to involve communities and win over them. Forest settlements in the Himalayas started during the British period actually resulted in denying native people right to access the forest produce while allowing private timber companies from outside the regions to exploit the huge natural resources. Uttarakhand’s crisis actually is not involvement of the local communities in managing the vast natural resources of the state while handing over this heritage of the Himalayas to cronies from outside the state in the name of development.

The massive influx of religious tourists during the Chardham yatra is posing a great risk to the fragile Himalayas. The number of the visitors is growing extraordinarily and in the first 15 days alone there were over fifteen lakh tourists travelled to various shrines in the state.  Out of 15,67,095 tourists who visited the state as on May 10, over 6,27,613 visited Kedarnath shrine while 3,79,041 visited Badrinath Dham as per a report by ETV.[viii]

While the government and business groups are happy and hope the Yatra ‘breaks all records’, the crisis is severe. The Himalayas do not have required infrastructure to handle this much of crowd. Most of the crowd is unmindful of the sentiments of the locals as well as the sensitivity of Himalayas. They come for a religious purpose and are unmindful of the huge health risk. Coming from the low line regions to an altitude of nearly 4500 meters above the sea level and attempting to do things which is against your body’s’ strength has resulted in serious health hazards. Equally important to understand is that our body takes time to acclimatise when we go from areas where temperature is high, between 45 to 50 degrees to area where it is a reduced 1 degree or zero degrees. Most of the time, the pilgrims are not educated about these possible risks due to temperature difference, yet they insist on going forward to complete the yatra.

‘’Of the total 116 pilgrims who lost their lives during the one-month-long yatra, 80 per cent died of heart attack, officials said on Thursday. State Health Secretary Dr. R Rajesh Kumar stated, “Our biggest dilemma arises when a pilgrim insists on embarking on the journey to the Dhams despite adverse health check-up results. Although counselling is provided to make them understand, in cases of non-compliance, they are required to sign an undertaking. In specific circumstances, elderly and medically vulnerable pilgrims are also advised to return.”[ix]

The yatra has become the best PR exercise for the government and state police which is working overtime to look after the interest of the yatris from different parts of the country. With state police and SDRF focusing more on the ‘teerth-yatris’ like ‘freedom fighters’, it is clearly visible that government lacked human resource to handle the forest fire issues. A small state like Uttarakhand need to put its priorities accordingly as per the basic needs of the local people and not to ‘impress’ the outsiders least bothered about the sensibilities of Himalayas and its communities.

When I travelled to Munsiyari located at the height of about 2,500 meters above the sea level, it rained during the night bringing down the temperature to below 10 degrees Celsius. The uninterrupted rains in both Almora, Bageshwar and Pithauragarh district resulted in dousing the forest fire. At the Nanda Devi Temple in Munisyari, I saw big trees burnt. It was sad to see our forest zones and important trees burnt to ashes.

The issue of forest fire in Uttarakhand has to be seen in the broader context of our natural heritage which is being treated as ‘resource’ purely for-profit motives.  The authorities consider it purely from the ‘management’ of ‘Pirul’, which means dry pine leaves which covers the entire forest region during the summer and are highly ‘inflammable. Experts suggest that Pirul can be used for not only production of biogas but also for paper products but the most important part in the entire exercise is the involvement of local communities and addressing to the issues related to their insecurities and uncertainties of life. Equally important, it is to understand the ‘disaster management’ methodology of the department which was using the primitive methods to douse the flame. Government should not only think of pressing enough helicopter services to sprinkle water on the disaster zones but will need to work on putting enough water resources, pipes and build the State Disaster Management Teams to handle Forest Fire issues too efficiently and it need to equip them with proper tools.

Uttarakhand has 71% of its total land mass under forest which is among the highest in the country. This has resulted in enormous crisis for the people. The locals feel that the government want everything for ‘tourism’ and ‘publicity’ without engaging and involving the local communities, a practice that has evolved since the auctions of forest areas started resulting in mass protest movement known world over as Chipko. Uttarakhand’s main crisis is governments over dependence on insensitive bureaucracy that want to lord over the local communities making them unwanted and vulnerable to exploitation in their own land.

Lack of access to basic amenities, job market crisis, frequent attack of wild animals and undue dominance of Forest Department on revenue issues compel people to migrate to cities like Dehradun and Kotdwara. There are not even a single family in many of these villages now known as ‘Bhutaha gaaon’ or simply ‘ghost villages’. ‘There are officially 1,564 ghost villages that are uninhibited, and 650 others with less than 50 per cent population.’[x] The crisis of negative growth rate in the population in the hill regions and fear of dominance of ‘outsiders’ and ‘low line’ people continue to haunt the local communities in the Himalayas. Uttarakhand has its border with China and Nepal. It is the only border state which send a huge number of youths for Indian armed forces but at the same point of time has got impacted with the New Agniveer Scheme which has created a crisis of uncertain future for them.

Local people have been opposing the new land laws and want to protect their ancestral land. The feeling has embedded deep in the heart of the people that government is only encouraging ‘investors’ basically ‘outsiders’ and the local people will ultimately become depended on the big fat moneyed business wheeler-dealers from the plain areas.

The new delimitation exercise which is meant to redefine and redesign the number of parliamentary and assembly constituencies, a state can have, is bound to create huge unrest in the hills of Uttarakhand as the hilly regions are bound to lose their seats while there will be an increase in the number of seats from the plain region or low line areas. There is an enormous income gap between the hills and the plains. In terms of resources too, the hilly people do not have land and most of them will be counted as landless if compare to the plain regions which have large land holdings. If not handled sensitively, the mass unrest in the Himalayas can be potentially dangerous. Government needs to speak with the people and assure them full protection.

The crisis is not the ‘promise’ of ‘development’ but what kind of ‘development’ and the involvement of local people. Uttarakhand people are not ready for a development that affects their own ‘pahadi identity’. The mountains and the rivers are the soul of the state and no pahadi can grow if they are damaged. Our identity as hill people is that of the rivers and mountains and the government must understand that it can’t handle these issues with mere rhetoric but it must be seen as serious in addressing these sensitivities of Himalayas and its people.

It is sad that that the government has projected the state as ‘devbhumi’ or ‘Land of gods’ but except promoting religious tourism heavily, there is nothing which can be said, are being done, to protect the sanctity of Himalayas and its native population.  It is not that people don’t want ‘development’ but they have also seen how the state resources have been misused and handed over to outsiders. For people of Uttarakhand, each of its river is Ganga and they have a relationship with rivers and mountains. It is a relationship based on nurturing them and considering them their ‘deities’.

The four lane Char Dham Highway project has been imposed on the state ignoring the issue of fragile nature of terrain which has resulted in heavy landslides. It is not that landslide and cloudbursts were unheard of in the past but the four-lane project has not stopped them. Landslides, accidents continue to happen. Nobody denies the importance of road network but equally emphatic importance should have been given to the issues raised by environmentalists related to sensitive nature of Himalayan zone.

The Himalayan state faced some of the most traumatic moments since 2013 when the devastating Himalayan Tsunami killed more than 5000 pilgrims. It seems little lessons have been learned from the same. The big devastation at Dhauli Ganga Rishiganga confluence in Raini village in February 2021 was in fact not a natural disaster but man-made disaster. Raini village, the epicentre of Chipko movement was being relocated because the land mass was fragile and slipping. In fact, the High Court of Uttarakhand imposed penalty on social activist Atul Sati and other villagers who had filed cases in the court. Later, the crisis of sinking of historical town of Joshimath near Badrinath was watched by the entire country. Except for the government agencies, all other people felt that what has happened in Joshimath was purely the crisis created by various power projects and uninterrupted tunnels and excavation of the fragile mountains. The crisis is not over and the blame will be laid on someone else. The Silkyara Tunnel crisis of Uttarakhand was internationally reported and though the lives of so many miners was ultimately saved yet it has not stopped anything further. Uttarakhand is the source of not only source of Ganges, Yamuna, Kali and other smaller rivers but they are its lifeline and identity. Today, all of them face serious crisis. Surely you cannot do away with the severity of the crisis by merely suggesting that rivers ‘must be worshipped’ or stating that ‘they look beautiful.’ They are indeed a source of great joy and spiritual solace but the real question is as what have we done to maintain their sanctity and dignity?

Hence the issue of forest fires in Uttarakhand cannot and should not be seen in isolation but an issue of our natural heritage, its protection, management and the role of local communities. You cannot manage the Himalayas through planning experts in ‘Delhi’ and ’infrastructure’ being brought by big corporate and their experts from outside. There is a dire need to control huge influx of people in the region in the name of tourism.

Yes, religious sentiments are there but local people too have right to life and protect their natural heritage. Unlike greedy corporate and cronies who are looking the entire region purely from their ‘profit’ motives, for the native, it is not the natural resources for their profit but natural heritage and identity they live with. It would be much healthier for the government and other agencies to initiate a dialogue on its development model with the local people and seek their opinion on the issues otherwise the tiny Himalayan state would find it  difficult to bear the ‘burden’ of ‘development’ which will only inflict wound and bring pains for the people Uttarakhand.

[i] Praying for rain in Uttarakhand by S Saurabh, The Hindu, May 20, 2024
https://www.thehindu.com/sci-tech/energy-and-environment/uttarakhand-relying-on-rain-forest-fires-engulf-state/article68178427.ece#:~:text=Forest%20fires%20in%20Uttarakhand%20have,the%20situation%20is%20under%20control.

[ii] Nainital forest fires: 31 fires destroy over 33.34 hectares of forest land in Uttarakhand , Mint, April 27,2024.  https://www.livemint.com/news/india/nainital-pine-forest-fires-uttarakhand-bambi-bucket-operation-iaf-mi-17-helicopter-pushkar-singh-dhami-11714207619303.html

[iii] Fire in Uttarakhand’s Binsar Wild life Sanctuary kills 4 forest dept staffers, 4 injured, by Neeraj Santoshi, Hindustan Times, June 13, 2004

https://www.hindustantimes.com/cities/dehradun-news/fire-in-uttarakhand-s-binsar-wildlife-sanctuary-kills-4-forest-dept-staffers-4-injured-101718295445173.html

[iv] Recipe for disaster in Uttarakhand: 1 crore population, 2.5  crore tourists, Subodh Verma, Times of India, June 23, 2013
https://timesofindia.indiatimes.com/india/recipe-for-disaster-in-uttarakhand-1-crore-population-2-5-crore-tourists/articleshow/20721226.cms

[v] Tiger burning bright in the forests of Uttarakhand, but women cannot wait or shirk duty
By Varsha Singh, 101 reporters, April 3^rd, 2024
https://101reporters.com/article/environment/Tiger_burning_bright_in_the_forests_of_Uttarakhand_but_women_cannot_wait_or_shirk_duty

vi]  –do-

[vii] Elephant-enters-court-premises-in-haridwar-why-such-incidents-have-been-rising off late in Uttarakhand by Namita Singh, News Nine. December 29^th, 2023
https://www.news9live.com/india/elephant-enters-court-premises-in-haridwar-why-such-incidents-have-been-rising-of-late-in-uttarakhand-2390390

viii]  More Than 15 Lakhs Visited Chardham in Uttarakhand till June 2, ETV Bharat English Team, June 2, 2024
https://www.etvbharat.com/en/!bharat/more-than-15-lakhs-visited-chardham-in-uttarakhand-till-june-2-enn24060205601

[ix] Rising-death-toll-among-char-dham-pilgrims-sparks-government-concern, by Narendra Sethi, The New Indian Express, 13 June 2024

https://www.newindianexpress.com/nation/2024/Jun/13/rising-death-toll-among-char-dham-pilgrims-sparks-government-concern

[x] In Uttarakhand’s Ghost Village, An 82-Year-Old Lonely ‘Dadi’ by Ashwani Sharma, Outlook, February 18,2022

https://www.outlookindia.com/national/in-uttarakhand-s-ghost-village-an-82-year-old-lonely-dadi–news-182967

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The report identifies four “structural forces” that will shape the trajectory of global risks over the world across the next decade. These forces involve global warming and its consequences, secondly, the changes in the size, growth, and structure of global populations, thirdly, the developmental of advanced technologies, and fourth and lastly, the concentration of power and resources geopolitically and the shifts in this power equation. 

The report details environmental risks taken as the most important and dangerous aspect. About two-thirds of the respondents have ranked Extreme Weather as the top risk that would most likely be the cause for sparking a global crisis in 2024. The report notes that the warming phase of the El Niño-Southern Oscillation (ENSO) cycle is projected to intensify and persist until May in 2024. 

Amid these pressing global challenges, the report identifies the increasing and rising threat of misinformation and disinformation, and categorises it as the most severe global risk anticipated over the next two years. The report has highlighted the need for global cooperation and strategic measures to counteract this growing issue. Misinformation is ranked as the fifth most impactful risk over the next decade. The report further warns how the pandemic has made it a vulnerable landscape and also a fertile ground for the proliferation of misinformation and disinformation, which in turn can worsen societal and political divisions. The report highlights how in the context of 3 billion people heading to electoral polls in 2024, a list which includes India, and thus concludes that in the light of the widespread use of misinformation, this poses an even greater danger. 

The report connects misinformation strongly to, what it calls, societal polarisation. The report categories societal polarisation as a top-three risks over both the current and two-year time horizons. The report warns that as polarisation intensifies and technological risks remain unchecked and advance without any external scrutiny, the idea of ‘truth’ will face increased pressure. Additionally, societal polarisation and the economic upheaval are identified as the most interconnected risks in the global risks network by the report. Incidentally, India is marked the country most at risk to witness polarisation in society due to the rise of misinformation and false narratives in the coming year. Other countries similarly marked include El Salvador, Saudi Arabia, Pakistan, Romania etc. 

The report suggests that the coming decade is likely to be a period marked by heavy unpredictability as the globe will be navigating geopolitical transformations, climate shifts, demographic changes, and technological advancements. During this time, the report highlights and stresses the need for global cooperation and also urged for countries and institutions to take use of opportunities for proactive measures. The report argues that addressing these challenges with custom made strategies implemented and curated at the local level can effectively work as a damage control strategy to mitigate risks. 

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On the one hand. while the local Adivasi community-led protests are being suppressed by the state government, the establishment –regardless of which party is in power, Indian National Congress (INC) or the Bharatiya Janata Party (BJP) –is adamant on continuing the coal mining project.

Adivasi activists have alleged that the newly elected BJP government in the state has handed over thousands of hectares of forest lands to big corporate players. It is feared that these state-imposed policies may lead to further displacement of the indigenous community in the state. 

While axes fell the trees in Surguja districts in Chhattisgarh, it is police batons that are raining violence on the protesting Adivasis. News of large numbers of recent arrests of Adivasi activists by the police has also been documented. 

Given the huge protests, the state government has also arranged for a large deployment of security forces in the areas. Instead of initiating a dialogue and addressing the growing discontent of the people, the BJP government has approached the issue by intensifying armed security. 

According to the indigenous activists, both the police and the local administration are threatening the local Adivasi community against raising their voices against the ongoing deforestation projects. They have alleged that the local administration has been instructed by the state government to deal firmly with the protestors. –

The state government’s repressive policy is a tool to generate fear among the protestors, who are waging a life and death battle les against the greed-propelled and ecologically unfriendly models of development.

But Chief Minister Vishnu Deo Sai has, so far, appeared to be in denial mode by saying that so far no arrest had been made. He is unwilling to engage with the allegations that his government has failed to involve the indigenous community in the developmental process.  Even the Constitutionally-mandated laws giving special protection to the Adivasi community and the resources in their areas have been bypassed to facilitate the plunder of the natural resources. 

For example, a news story by the news agency PTI revealed that the state government has handed over a thousand hectares of forest lands for mining in the Surguja district to corporate players, triggering wide-scale protests. The Hasdeo Arand Bachao Sangharsh Smiti, which is led by the Adivasi community, has been raising voices against the handing over of the forest lands to corporate players. 

The voices of protests against the deforestation of the Hasdeo forest are also being echoed in different places in the country. 

A public meeting was held in New Delhi’s Press Club of India on January 2 during which a large number of activists, civil society members and intellectuals, united under the banner of Chhattisgarh Bachao Andolan (CBA), expressed their deep concern about “corporate takeover” of the natural resources.

Prominent among those who attended this press conference were Alok Shukla (Chhattisgarh Bachao Andolan), Thawar Chand Meena (MLA from Dhariawad, Rajasthan), Umeshwar Singh Armo (Hasdeo Aranya Bachao Sangharsh Samiti), Prashant Bhushan (Supreme court advocate), Prafulla Samantray (activist), Sudiep Shrivastava (Chhattisgarh High Court advocate) Paranjoy Guha Thakurta ( author and journalist) and Professor Nandini Sundar (University of Delhi).

At the Press Club of India, the activists and the civil society members rightly linked the fight to save Hasdeo Aranya forest to other struggles to save nature and the life of the Adivasi community across the country. According to them, the corporate loot of minerals including coal and bauxite is happening at various places in India, particularly in the Adivasi regions.  

History is witness to the fact that since the colonial era, the vicious cycle of the exploitation of natural resources from the Adivasi areas and the displacement of the indigenous population has not stopped. 

The rise of the modern state and the profit-based economic model are some of the major factors for the destruction of the environment and the attacks on the indigenous community. With the introduction of the institution of private property during colonial time, the landlords, moneylenders and colonial administrators penetrated the Adivasi region to inflict ruins on them. 

Such exploitative colonial policies supported by the native landlords and money lenders were vigorously opposed by a series of revolts by the Adivasi community. One of them was led by Birsa Munda in the last phase of the nineteenth century. Birsa’s struggles were aimed at achieving self-rule for the Adivasi community and autonomy in their regions. 

After Independence, the promises made to the Adivasi community were largely forgotten. It was the Adivasi region which was chosen for the construction of the large-scale dams and the mining projects. This led to the destruction of the environment, loss of biodiversity and the displacement of the Adivasi community on a large scale. 

While the migration of non-Adivasi outsiders to the Adivasi areas has been substantial, leading to ae change in the demography, the ongoing policies of deforestation, mining and industrialization have also rendered Adivasis homeless, forcing them to migrate to urban areas where they have no social security. Nor are they often recognized as the Scheduled Tribes (ST) by the state.

Undoubtedly, the Adivasi community has been the worst sufferers of the developmental projects. The Constitution’s provisions for the protection of the Adivasi community continued to be violated to facilitate the corporate plunder of the resources. Worse still, the consent of the Adivasi community for the developmental project is either bypassed or obtained through coercive methods. Sadly, regions in central India, dominated by the indigenous Adivasi population are also among the most heavily militarised by the state. Yet, on the human development index, the same regions fall behind, are the most backward regions.  

What is happening with the Hasdeo Aranya forests is the cruel continuation of the process of colonisation in the Adivasi areas. But sooner or later such anti-Adivasi policy must stop to ensure the will of the people, and the future of Indian democracy. 

(Dr Abhay Kumar is a Delhi-based journalist. He has taught political sciences at NCWEB Centres of Delhi University.)

Disclaimer: Views and opinions expressed in this article is solely that of the author and does not necessarily reflect the views or position of Sabrang India and this site.

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The Barn Swallow is a sparrow-sized, agile bird that spends a majority of its life in flight – eating, drinking, and even bathing on the wing. In summers, they breed in the Northern latitudes, above the Himalayas, and when the Earth tilts away from the sun, they flock to Africa and India in millions, accompanied by a new generation. Drive straight on the road leading away from the Palassio mall until you reach water bodies surrounded on all sides by large construction sites, and it’s likely that you will come across thousands of Barn Swallows congregating on electric wires or swooping down one by one on the water below, snagging small insects mid-air. In flight, their bellies appear in many variations of creamy-white with a rusty-coloured neck (hence the scientific name Hirundo Rustica), with wide outstretched wings and a deeply forked tail. Their flight is convoluted, zig-zag, evolved to mimic the unpredictable moves of their prey. When perched, in a ‘bent-forward’ position, their cobalt-blue primary feathers can be seen. These thousands of Barn Swallows feed on insects that rise from a collection of water bodies that dot the area around the stadium.

Nearby lies the Ekana Wetland, now protected by a government order, with work on a watch tower and walkway already in progress. On the afternoon I visited the wetland, young men in large cars were using the ‘natural’ backdrop to record reels, performing reverse somersaults to loud cheers. Behind them, at least two species of wagtails were performing tricks of their own. No less raucous than similar specimens of the human species, these highly vocal, long-tailed immigrants arrive in Lucknow in large groups at the onset of winter and promptly take over feeding areas. The wetland, in this case, is overtaken by their (mis)behaviour. Both species—the white-faced, sombre white wagtail and the black-faced, white-browed wagtail—can be seen chasing each other from one low bush to another. If birds made reels, these immigrants would be best known for the animated twerking of their backsides, which incidentally gives them their name—wagtails.

I walk away from the crowd, towards the stadium. Various water birds call from the thicket. This is home to the Purple Swamphen, a large bluish-purple bird with an amusing tuft of white hair under its tail. Apart from the usual waterhens and moorhens, the wetland also hosts the stunning jacanas – I have seen both the Bronze-Winged and the Pheasant-Tailed Jacanas here – ‘walking’ on water on their elongated toes and nails. In Jamaica, these jacanas are also called ‘Jesus’ birds for this miraculous feat. However, in flight, the bird loses its glamour, appearing gangly with long thin legs awkwardly trailing behind. These water birds, pretty as they are, unfortunately emit a range of off-key, raucous cackles starting from the guttural to the high-pitched, which at times can sound very human-like. Presently a man emerges from the bend with a beer can in hand, looking positively harried. He looks around, alarmed. “Ye kiski awaz hai?” Who is making these sounds? he asks. I tell him about the waterbirds and lend him my binoculars to persuade him. This convinces him. “Humne socha chudail hai. I thought it was a witch.” He says, relieved. He then requests me to take a picture of him with the binoculars. I am asked to hold his drink as he turns into an ornithologist and peers into the marshes pensively.

The witchy cackle is the quintessential wetland sound, its resident symphony. From the croaking Egrets to the laughing White-Breasted water hens, water-birds deploy a uniquely multitude of non-musical calls and songs. Here, in the gathering dusk, Ekana resembles a ghost town. From the tall grass that lines both sides of the path, rise the skeletal remains of babool trees. Devoid of leaves, these wooden towers provide the birds with an ideal perch to survey the marshes around them. In turn, they offer an unmatched view to the birdwatcher who can observe these birds unhindered. This is one of Ekana’s unique specialties.

Hunched, on two adjacent branches of a babool, sit two Indian rollers. The otherwise drab, brown-ish bird reveals a dazzling blue under its wings when in flight. A hundred years ago, Rudyard Kipling’s father wrote about the roller in his book, Beasts and Man in India, saying, ‘ “Undreamed-of wings he lifted,” a quotation that comes to mind when this gray and sober-looking bird suddenly rises and displays the turquoise and sapphire-tinted splendor of its wings’.

It can be seen year after year occupying the same perch—the bare limb of a towering tree or an electric wire. Salim Ali called it the farmer’s best friend for its steady diet of insects and other pests of standing crops. The acrobatic bird is known for gliding and dropping down on prey, battering it mercilessly against the perch before swallowing it; a certainly delisghtful sight to the farmer.

In Northern and Central India the roller is also known as Neelkanth for the faint blue under its neck, the colour of poison that Shiva drank. A sighting of the Neelkanth on Dusshera is considered to bring good luck, for it is said to deliver messages to Ram himself. On the internet, I came across this simple Haiku:

Neelkanth tum neele rahiyo, dudh bhaat ka bhoj kariyo, hamri baat Ram se kahiyo

(Neelkanth, you stay blue, feast on rice and milk, and convey our wishes to Lord Ram).

The Indian Roller is also the state bird of Karnataka, Telangana, and Odisha. In press handouts, published on social media, keen birdwatchers can spy a framed portrait of the Indian roller in flight on the walls of Congress president Mallikarjun Kharge’s New Delhi residence.

The State of Indian Birds report released this year, reports a fifty percent drop in the Indian Roller’s numbers. This was perhaps one of the most surprising revelations in a report that already paints a difficult picture of India’s avifauna. This drop in numbers of the commonly seen roller is almost certainly due to the loss of habitat and the indiscriminate use of pesticides. But that evening in Ekana, I counted at least six rollers including a juvenile.

As the sun sets around me, a mustering of Open-Billed Storks (Ghonghil in Hindi) arrives at the wetland. A low Babool tree close to the stadium is the communal residence of this gentle bird. The name comes from a permanent gap between its reddish-brown beak which helps it extract the soft parts of its favourite food—freshwater snails or Ghonga. One after the other, in the falling light, the storks glide regally back home. In the distance sits a majestic Nilgai, perhaps reflecting on one or another lofty questions of existence. I am close to the stadium and mall now, and can hear the thump of distant music. Behind me, water is being pumped out to make way for the foundation laying of a large mall. A car, perhaps returning from the site, sounds its horn and flushes a bird out of hiding. It is a heron judging by its long neck and long, pointed bill, though I have never seen it before. The bird is a glossy black, with yellowish stripes on the neck and white spots on its back, which on the deep black of its wings, look like stars in the night sky. It looks vulnerable and out of place. When a Pond-Heron takes an unkind swipe at it, flying low over its head, it ducks awkwardly. This is most certainly a rare sighting of the elusive and solitary Black Bittern. Crepuscular and nocturnal, it is most active at dusk and dawn. A bird of thick cover, seen sparsely outside, freezes when startled. The Britten sat on the branch long enough to give me the opportunity to admire it at length. This must be the Dussehra good luck granted to me by the Neelkanths.

As other birds fall silent one by one, a steady hum rises all around me. The darkening sky above the Ekana wetland is filled with tens of thousands of chattering Barn Swallows, flying in no particular pattern, in no particular rhythm, but simply in the celebration of being alive, marking the end of another day. It is a joyous, magnificent melody. A once-in-a-lifetime sight.

Even though the Ekana Wetland itself is under government protection; the extraordinary diversity of birds that arrive here every winter, as well as the resident ones, feed on the various water bodies scattered throughout this area. Most of these water bodies, marshes, and wetlands, though lying in the Gomti’s flood plain, are in-turn fed by water being pumped out of the ground for foundation-laying of active construction sites. Many of these water-bodies themselves seem to be earmarked as construction sites. Soon, the digging will stop, and construction will begin. Families will move in, shops and malls shall be made available to them. In a few years, the ‘Bird Sanctuary’ or Eco-tourism centre of Ekana will become an island in the middle of a sea of high-rises. Eventually it will only support a fraction of the birds who now live or migrate here. This is after all how habitats are lost. This is how species are lost.

Alone in this wilderness, with the star-studded Bittern, water-witches, a sky full of swallows, and a forest of dead babools, I wonder what is lost when a bird disappears.

In Aesop’s fable, a young boy, fond of gambling, sells off his only cloak when he sees a swallow fly by, convinced that spring is around the corner and sadly, freezes to death. In our mad scramble to build our houses over the nests and homes of others, convinced of our immortality, perhaps we are ignoring a warning in plain sight—that it is only a matter of time before a land not suitable for a bird becomes unsuitable for us.

(Suhel B is a writer and filmmaker)

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On June 22, 2021, the environment ministry invited consultancy organisations to express interest in preparing a draft comprehensive amendment to the draconian and colonial Indian Forest Act 1927. The government has used this draconian law of colonial origin to weaponise the forest department and control land and produce actually devolved to traditional forest dwellers under the Forest Rights Act of 2006.

This announcement comes after unsuccessful attempts to push through an amendment to this Act in 2019. The announcement may be read here.

In March 2019, it was the same ministry that circulated a draft amendment to the Indian Forest Act 1927, to overhaul the 1927 version. This had invited widespread protests and sharp criticisms. These controversial amendments included provisions that allowed the officers of the forest department to shoot anyone in the name of forest protection, with little threat of criminal action. They could even terminate the forest rights of any forest-dwellers by paying them a paltry sum of money (section 22A (2), 30(b)). Forest officials could also raid and arrest without warrants and confiscate the property of any forest-dweller. If the forest department accused anyone of possessing any illegal objects, the accused would have to prove their innocence, not the accuser. The proposed amendments may be read here.

If this draft had become law, it would have ended the rule of law in India’s forests and turned them into grim battlefields. It would have deviously overridden the Forest Rights Act 2006 (FRA), a law enacted after a century and a half long battle of indigenous peoples of the country.

Prakash Javadekar, the then environment minister, was quick disowned this draft in November 2020, in the face of widespread criticism. With an eye on that, Javadekar said, “We are completely withdrawing the draft amendment to the Indian Forest Act to remove any misgivings; the tribal rights will be protected fully and they will continue to be the important stakeholder in forest development.” Jawdekar’s statrement may be read here. 

It was then that the onus on drafting the changes was passed from government and its bureaucrats to private companies. The FRA 2006 recognises all conceivable forest rights except hunting, whether listed in the law. These pertain to the rights of individuals and the community and territorial rights of habitations. It effectively shifted the authority to protect forests, wildlife and biodiversity from the forest department to the gram sabha of these habitations. The law was enacted because “forest rights on ancestral lands and their habitat were not adequately recognised in the consolidation of State forests during the colonial period as well as in independent India resulting in historical injustice”.

Eighteen years before in a significant policy shift, the National Forest Policy, 1988 –in tune with national and international evolving understanding around forest conservation and the rights of India’s indigenous peoples– also recognised “the symbiotic relationship between the tribal people and forests”. Then, the passage of the FRA gave fuller expression to this goal.

It was under the NDA II government, with its inherent policy to transfer public resources to private capital that the central environment ministry, in March 2018, released the draft National Forest Policy as a replacement of the 1988 document. This draft completely ignored the FRA and its gram sabha-based governance structures. It brazenly promoted commercial plantation-centric investments that sought to manage forests through private entities, under the rubric of private-public participation. The aim was to increase tree cover and productivity to meet industrial and other needs – at the cost of negating the fact that more than half of India’s forests are currently within the jurisdiction of gram sabhas. This draft policy may be read here. 

It was several months and several protests before the tribal ministry responded. In June 2018, the tribal affairs secretary wrote to the environment secretary that the environment ministry doesn’t have “exclusive jurisdiction” to frame policies related to forests. In actual fact, 12 years before, on March 17, 2006, “all matters, including legislation, relating to the rights of forest dwelling Scheduled Tribes on forest lands” had been carved out from the subject of forests from the environment ministry, and transferred to the tribal affairs ministry’s jurisdiction through an amendment to the Government of India (Allocation of Business) Rules 1961.

These may be read here. This put an end to the environment ministry’s perceived monopoly over forests. MOTA is on record saying that the draft National Forest Policy 2018 “disregarded the traditional custodians and conservatives of the forests, namely, tribals” and that it gave “a thrust to increased privatisation, industrialisation and diversion of forest resources for commercialisation”. What is to follow now is a fresh confrontation between the MoEF and MOTA as can be gleaned in the New Forest Policy (2020), not public yet.

A recent joint communication by the tribal and environment ministries signed a ‘Joint communication for more effective implementation of the Forest Rights Act’ on July 6, 2021. This is what former environment minister Javadekar called this “a paradigm shift from one of working in silos to achieving convergence between ministries and departments”. Apparently, the result of discussions between the two ministries since August 2020, the ‘joint communication’ said that, henceforth, “both ministries may take a collective view on the matter including issuing joint clarification, guidelines, etc.”

However, all matters relating to forest rights on forest land are today under the tribal ministry. It is in fact the nodal ministry for FRA implementation. And it has asked frontline forest staff to assist the gram sabhas with preparing conservation and management plans for the forests under their respective jurisdictions. They are to “integrate such conservation and management plans with the micro plans or working plans or management plans of the forest department”. This is contrary to the law. Gram sabhas have a free hand to make their own plans and also “to modify the micro plan or working plan or management plan of the forest department”.

State governments have also been asked “to give suitable instructions” to the gram sabhas to harness the joint forest management committees to protect and manage forests. These are admittedly entities under the control of the forest department – but ultimately the gram sabhas have the authority to “protect the wildlife, forest and biodiversity”.

Taken together, the tribal affairs ministry has asked the forest bureaucracy to take control of FRA implementation at all levels – again contrary to the law. India’s traditional forest dwellers and Adivasis are closely observing what the environment ministry will do next, and how the tribal affairs ministry will respond.

Related:

Compendium of Judgments on the Forest Rights Act, 2006 (June 15, 2016)
Counter Affidavit filed by MoTa in support of tribal rights in the FRA

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