Excerpts from the report:

Since March 11, 2023, villages from across the Surjagad and Damkondwahi pattis/ilakas began indefinitely protesting under the banners of “Damkondawahi Bachao Sangharsh Samiti” and “Surjagarh Patti Paramparik Gotul Samiti”. The protest is led by the Madia-Gond Adivasi community. Representatives from over 70 villages have been taking turns to occupy a stretch of land in Todgatta. Several temporary huts or dheras have been built to house the representatives from the different villages. Authorities, state the protesters, are set to criminalise this protest

Mangesh Narote, one of the leaders of the protest, explained that the very existence of the protest village reiterates the reason for the protest. This sort of sustenance would simply not be possible in the city. It would be hot, the tarp would fly away, and there would be no way to feed or sustain the protest. The collective protest needs are only met because of being in the forest. How can anyone survive without jal-jangal-zameen?

“In a tree, the roots are sturdy and big and play the role of taking in water. The branches and leaves, although very small, are crucial in that they absorb sunlight and provide nutrition to the tree. Without the leaves, the roots cannot exist,” he says.

Every morning, the representatives gather at the village’s community centre or gotul. Everything takes place in a collective manner in the gotul. The gotul is a type of community centre, which has been serving as a protest site. In Koitur culture, the gotul traditionally serves as the village’s hub of socio-cultural, and political activity. It is the site of collective decision-making of the village and its focal point of democracy.

The gotul is a constant yet fluid space that simultaneously functions as a university, a court, an entertainment centre, an information hub, and a community centre. One does not sit still in a gotul – adults and elders engage in basket-weaving, rope-making, and even ploughing while the children and youth learn from watching. There is no admission required, and no graduation date, for this practical and generationally-transferred education. The gotul also acts as a court, addressing community issues in a democratic way.

Importantly, the gotul acts as the space wherein people share stories and wisdom, news about national and international issues, and currently, carry out their democratic protest, along with discussions and decisions on it.

The day begins with paying homage to social reformers, revolutionaries and the historical champions of Adivasis – Veer Baburao Shedmake, Birsa Munda, Rani Durgavati, Savitribai Phule, Jyotiba Phule, Dr B.R. Ambedkar and Bhagat Singh. The photographs are carefully placed at the centre stage. This is followed by reading aloud the preamble of the Constitution which has been translated into Madia, the language of the Madia Gond tribe. This protest has also been an exercise in political education, where people are learning about how politics works in this country and are developing their own views.

Some leaders have expressed the view that only if people from the community are within various government bodies can the community views be presented and a healthy people’s politics be developed.

Protesters in Todgatta say the existence (or emergence of) the mine has also led to an increase in violence against women, and therefore, a Nari Mukti Samiti is currently being formed, the process of which is being led by Sushila Narote. People stress that allegation of violence does not just mean physical violence from the police, but also encompasses the mental hardships of becoming a widow, dealing with alcohol addiction and violence within the home, ensuring a safe space for their children, and many other such experiences that cannot be articulated.

The state government has turned a complete blind eye towards the agitation, including the Gadchiroli Guardian Minister Fadnavis, who is also Maharashtra’s Deputy Chief Minister. Fadnavis, along with other Ministers, has in fact attended other events in the district like the new government’s flagship ‘Shasan Aplya Daari’ (government at your doorstep) and yet has not paid a single visit to the protesters.

Nationalist Congress Party’s (NCP’s) local MLA Dharmaraj Atram had been the only political leader to visit the protesters so far. Atram visited Todgatta on June 11, 2023. At the time, he said that while nothing could now be done about the Surjagarh mine that was already operational, he was with the people and he would not let the new six mines start. Atram, who was in the opposition at the time, has switched sides since and along with NCP leader and Dy CM Ajit Pawar is now part of the government.

“We hoped that he would raise our issues during the Monsoon session of the Maharashtra Assembly, now that he is a minister. However, we have heard that he has also reiterated the same old narrative that is used to vilify Adivasis here – that we are being pressured by the Naxalites,” Rakesh Alam, president of the Adivasi Yuva Chhatra Sangathan said.

Significantly, the protest and demands at Todgatta were voiced internationally on October 8, 2023 by advocate Lalsu Nogoti, at the 54th Session of the United Nations Human Rights Commission (UNHRC), Geneva, Switzerland. Adv. Nogoti spoke through a video statement in a General Debate Council Meeting under Agenda Item 9, which covers Durban Declaration and Program of Action. It is yet to be seen what comes out of this and how long it takes before the Indian Government takes cognizance of the demands being put forward in Todgatta.

Livelihood

“Adivasis will only survive if their land survives. These mines will provide jobs for some for a while, but they will shut down in a hundred years or so. What will our future generations do then?” ~ Lalsu Nogoti

A video by Asian News International reporting on the economic development caused by mining in Todgatta claimed that 3,500 men in the area were given jobs in the security forces of Lloyds Metals for salaries ranging between Rs 12,000 and Rs 15,000. It further reported that around 1,600 men had purchased motorcycles from these earnings. However, this, alleges the report, is on based on fact but is only “propaganda to create a false narrative of development and wellbeing.”

“Earlier we used to be lords of the jungle, and now we are their servants! Let us bring in the type of development that we want, by asserting our rights under acts like the FRA and PESA.” This is a sentiment shared by many community members, who refuse the employment narrative peddled by the government, corporates, and even NGOs.

“Most families here have not yet joined the market economy, they live on subsistence agriculture and forest produce. They sell excess produce for a side income. We are not greedy, we don’t need to become lakhpatis.” ~ Mangesh Naroti

The rights given under the Forest Rights Act (2006) provide the community with important and self-sustaining income sources. Gadchiroli district has the highest number of Community Forest Rights claims in the country under the law. CFR claims recognise the right of the claimant to sell, among other things, Minor Forest Produce (MFP) and Non-Timber Forest Produce (NTFP) like tendu leaves. In 2017, 160 gram sabhas in the district earned Rs 400 crore solely by selling tendu leaves used to make bidis. Empirically, as per the findings by Geetonjoy Sahu, a professor at Tata Institute of Social Sciences Mumbai, 162 villages of Gadchiroli collectively earned a whopping 23.36 crore from the sale of kendu/tendu leaves alone in the year 2017-18. However, the proposed mines will make it impossible for people to collect MFP and NTFP, forcing people into poverty, daily wage labour, and unemployment.

“We have everything we need here, we only need to buy salt and clothes. This is a rural area, why do we need a four-lane road here? Of course we want roads, but they should be for our use, not to cut down hills.”~ Sainu Gotta

The mining activities have had detrimental effects on these very farmlands of the community, say protesters. There are 42 families in this village, out of which some 22 families have had their farmlands ruined by the tailings of the existing mine, causing families losses of between Rs 2.5 lakh and Rs      3 lakh per year. Some in Mallampadi said they had received compensation from Lloyds for damage done to their fields – typically around Rs 8,000. These amounts were insufficient to support their families, they noted, and many were forced to work in the mines for a regular income. Almost every family in the village now has one member working in the mines, although four-five families have refused to work there. Two residents working in the Lloyds canteen earn Rs 10,000 per month, which is lower than the daily wage in Maharashtra.

“Not everyone will get a job at the mine. As a people, we are self-sufficient through farming. This is how our generations survive.” ~ Sainu Gotta

There are some who cannot even demand adequate compensation for all the damage caused by these companies. Ajay Toppo, a 38-year-old Oraon man from Mallampadi, attended a public hearing in 2022 to complain about the effect of the ongoing mining on his livelihood. His fields were overrun by the silt and debris formed because of mining, in monsoon. He asked for compensation for the same but was allegedly told that he was not a tribal, did not have land rights and was thus, not eligible for any sort of compensation. Ajay died by suicide that very night.

Health

The Lloyd’s mine has also had a tremendous impact on not just agriculture and livelihood, but also the health of Surjagarh’s residents. The region is polluted by red iron oxide discharge, chemical effluents, and large amounts of debris. The fresh water in the region has turned red and is unusable and agricultural fields are overrun by silt.

According to a study published in 2016 in the International Journal of Current Multidisciplinary Studies, the mining of iron ore causes irreversible damage to underground water systems and surface water, severely affecting the health of those using the water. “The average lethal dose of iron is 200-250 mg per kg of body weight, but even ingesting doses as low as 40 mg per kg of body weight has caused death,” the study said. People have been known to suffer from various diseases such as catharsis, dehydration and gastro-intestinal irritation. Iron ore can interfere with normal body fluid regulation even long after a mine has been closed.

The village of Mallampadi is located at the base of the Surjagarh hills, near the Lloyds mine. Residents explained that there was a time when the river near Mallampadi remained cool throughout the summer and that people from neighbouring villages used to visit it to bathe. “We used this water for everything, but now even pigs won’t drink this water,” said Jagatpal Toppo, a resident of Mallampadi. Since the mining began, villagers have had to depend on bore wells dug by the mining company. The nearby fields are also filled with reddish-brown sludge from the mines. “Until two years ago, there used to be paddy up to our waists,” one resident said. “But now there’s only mining silt up to our waists.” Several times in 2022, the sludge became so thick  that cows that wandered into the fields became stuck and had to be rescued. Even the dogs are coated reddish brown and poultry and cattle in Mallampadi had been falling sick and dying.

Mining has brought illness to Mallampadi – swollen eyes, fevers and body aches. “People are always falling sick these days,” Jagatpal said. “It’s only after we all visited the mine’s medical camp and got our eyes treated that we are doing better. Otherwise, we all would have continued with swollen eyes for days.” Earlier, all food and medicines for illnesses like stomach aches, fever, headaches, and snake and scorpion bites came from the forest and there was also plenty of fresh water. “Our material and health needs were completely met by the forest and we rarely purchased anything. Our sacred deities were also in the mountain and we used to spend a lot of time there. Now the company, and its police, do not let us enter our own lands.”

This report (booklet) has been written to document such events taking place in Surjagad and Damkondwahi, Etapalli tehsil, Gadchiroli District since 2005. As per the 2016 booklet, “Mining: Employment and Development or Displacement and Destruction?” by Visthapit Virodhi Jan Vikas Andolan, a huge amount of iron has been discovered in Etapalli’s regions of Surjagarh, Bande, Damkondwahi, Besewada, Vadavi, Korchi (Aagari-Maseli), Jhendepara, Gadchiroli (Gogaon, Adapalli), and Armori (Deulgaon). Etapalli and other neighbouring tehsils also have large deposits of coal, granite, copper, zinc, quartz, dolomite, and mica, which are eyed by large state and private corporations. In 2005, 25 mining projects were proposed in the Gadchiroli district. Out of these, Lloyds Metals and Energy Private Limited (LMEL) was given clearance to begin 348.09 hectares of iron mining in Surjagarh in 2007 for 50 years.

At the start of 2023, this licence was increased from 3 to 10 Million MTPA (metric tonnes per annum) and LMEL was granted environmental clearance to build a crushing and processing plant in Aidri, Malampadi and Bande. Additionally, in June 2023, six new mines spanning 4,684 hectares were proposed and leased through a composite mining lease to five companies: Omsairam Steels and Alloys Private Limited, JSW Steels Limited, Sunflag Iron and Steel Company Limited, Universal Industrial Equipment and Technical Services Private Limited, and Natural Resources Energy Private Limited. All six mines encroach upon the land already granted to people from surrounding Adivasi villages as part of their community forest rights land under the Forest Rights Act, 2006. According to a local study, at least 40,900 people will be displaced if these mines come into existence.

Repeating the claims made almost seven years ago by Visthapit Virodhi Jan Vikas Andolan, and drawing from the 2023 statement by Community Network against Protected Areas (CNAPA), the report states:

1. Immediately scrap the approved crushing and processing plant and mining lease expansion granted to Lloyds Metals and Energy Private Also, cancel the six new mines that have been proposed and auctioned in Surjagad at once and do not propose any other such projects in this region! All proposed projects must first go through a fair and democratic public consultation and the decision of the traditional Gram Sabha must be treated as final.
2. Stop deceiving local people with false and violent dreams of employment and Shut down all mines, tourism and infrastructure projects which do not provide livelihood and development to the original inhabitants and communities living there.
3. Recognise the rights of Adivasi and Dalit people as the original inhabitants of our land and legally recognise our resource rights, cultural rights and habitation rights in their lands, forests and Stop violent displacements and resettlements, murders and torture immediately.
4. Immediately uphold constitutional rights of self-governance and dignity, and implement the Provisions of the Panchayats (Extension to Scheduled Areas) Act, Forest Rights Act, and other human rights laws such as the Labour Laws.
5. Indigenous peoples have laws and provisions in the Indian constitution (and international laws) that clearly state that we are the ones who will decide what happens to our lands and forests. Recognise the Gram Sabha as the highest decision-making authority and immediately scrap the Forest Conservation Act Amendment of 2023!
6. Militarised repression of Adivasi, Dalit and Vimukta communities must stop and local communities must have the full right to protest against the corporatisation and illegal dispossession of their lands, knowledge systems and societies.

Denials of Community Forest Rights Allocation:

It is important to note that although the land for the new mines falls within traditional boundaries of forest use and occupation, the government has not recognised these traditional boundaries in the community forest rights (CFR) that have been granted to the nearby 13 and more Adivasi villages. The government granted suo moto CFR in 2015 to villages on both sides of the mountain, but it only granted half of the traditionally occupied land and did not include any land from the mountain in the CFR. Some villages were not granted CFR at all. No consultation of the gram sabhas (as is statorily required) was done while the CFR was allocated.

This is a selective use of the Forest Rights Act by those in power. These CFR titles were granted in such a way on purpose in order to leave the entire mountain range vulnerable to mining and limiting surrounding communities’ legal claim on the mountain. Local people  were not informed about their boundaries, the fact that they had received CFR titles, or even what CFR titles actually mean. The documents outlining the CFR boundaries were not provided to each village, and those that did receive it, would have been unable to understand their boundary because of the highly arbitrary and technical notation language used. The process of contesting allocated CFR titles is possible, but it is long and arduous, precisely what the state-corporate nexus wants as it allows them enough time to receive environmental and forest clearance.

Migration and Land Rights:

Alongside the Madia-Gond, Etapalli is inhabited by a number of Oraon Adivasi families who migrated to the area from northern Chhattisgarh in the 1950s and 1960s. They migrated for a variety of reasons, including a paucity of land in their home villages. Once here, they continued their traditional way of cultivating and living off the land.

But after their migration, they encountered a legal and administrative hurdle that has left them in a precarious position. Although they are recognised as a Scheduled Tribe in Chhattisgarh, they have largely been denied this recognition in Maharashtra, which would allow them to access benefits such as special land rights, and educational and employment benefits.

According to lawyers Rajni Soren and Ameya Bokil, there is ambiguity about the land rights of migrant Scheduled Tribe communities. Bokil noted that it is possible that some families migrated before 1950 – under the Maharashtra Caste Certificate Act, an individual who has been permanently residing in the state since September 6, 1950, is eligible to apply for a Scheduled Tribe certificate. Further, Soren said, the Forest Rights Act, 2006, doesn’t specify that its provisions only apply to Scheduled Tribe members who seek benefits within their states of origin. Moreover, the cut-off date for the Act is 2005 – under the Forest Rights Act, a member of a Scheduled Tribe can apply for a land title of a piece of forest land if they have been using it from at least this year onwards.

But other rules and rulings can be read as opposing these provisions. For instance, according to a 2018 notice from the ministry of social justice and empowerment, an individual from a scheduled caste or tribe is only entitled to benefits due to those groups in the states of their origin “and not from the State where he/she has migrated”.

In 2022, the Supreme Court reiterated its own 1994 ruling that Scheduled Caste and Scheduled Tribe migrants cannot claim benefits in the  state to which they have migrated. Bokil argued that as long as individuals qualified under the terms of the FRA, it was unjust to deny them rights because they were migrants.

Kailas Ekka, whose Aadhaar card records Murwada as his home address, visits his native place in Jashpur, Chhattisgarh, every year. But, he explained, he and other Oraon migrants had made their homes in Etapalli more than 50 years ago, and couldn’t return to Chhattisgarh as there was no land there for them to cultivate. Now, with the mines expanding, he is worried that the lack of titles will leave him and others in the community vulnerable to being displaced from their land. “We’re here to save our land,” he said, “We have no choice but to protest.”

In Mallampadi, some in the village have tribal certificates and land titles because their parents had managed to procure them and handed them down. Most, however, lack these certificates. As a result, they cannot claim compensation for damage to land, or avail any benefits due to Scheduled Tribe communities in areas such as agriculture and education. People argue that just because the state doesn’t recognise them as Scheduled Tribes, they don’t cease to be Adivasis!

Madia-Gond Worldviews

Madia-Koitur Adivasis (or Madia-Gond and legally recognised as a Particularly Vulnerable Tribal Group) form the majority population in Etapalli tehsil, Gadchiroli District. Bamboo, tendu leaves, mahua, tori, fruits and berries, medicinal herbs, mushrooms, roots, vegetable greens, wood… everything Madia-Gonds depend on for their sustenance comes from the forest. The community uses at least 79 native plant species for the treatment of 34 ailments including dermal disorders, blood-related diseases, diabetes, edema and fever!

However, the forest is more than just a means of sustenance. The Madia-Gonds believe that the hills are home to spirits of Adipurush or animal-like humans from the past called Khodk in Madia. The rivers and streams are the abode of the water-dwelling beings, called Kaniyam and the Kodhk and Kaniyam must not be harmed. This wisdom says that cutting down the mountains would invite the wrath of the Khodk, and stop the rain from falling on the land. Polluting the rivers would lead Kaniyam to punish the villagers with fatal diseases, forcing them to abandon their homes and the villages.

The legend of Devon ke dev (god of Gods) Ohdal, more famously known as Thakurdeo, is integral to the community’s identity. The deity is believed to reside on the hilltop of Surjagad Hill, which is also the epicentre of mining in the region. A three-day yatra is carried out every year in January to the top of the hill and the procession is joined by no less than 15,000 Adivasis across Maharashtra and neighbouring Chhattisgarh. The actual shrine is on the top, on the other side of the Lloyd mines. Since the mining restarted, we are no longer able to access the shrine aside from the scheduled yatra time.

Part of the community worldview includes honouring and maintaining a strong connection with ancestors and deceased elders. Utensils, cots, chairs, suitcases, clocks, stone structures and quite a few bottles of liquor, amongst several other things, mark the graves or ‘gumiyas’ on the outskirts of Madia villages. Some can be found in places where no humans, besides the Madia ancestors, have ever dared to walk, proving that it was the Madia-Gond ancestors who first set foot in this region as the original inhibitors.

It is clear that the existing and upcoming mines threaten not just livelihood, but a way of life and deep wisdom. This loss cannot be compensated for through false promises of development and employment.

Attacks on Protest

The democratic and peaceful protest against mining in Surjagarh has been repeatedly criminalised since 2005 by what is alleged by the authors of the report to be state-corporate nexus. Activists say that in order to facilitate mining, the state has colluded with private corporations and clamped down on any dissent from Adivasis, by labelling them Maoists and anti-nationals. This is in keeping with a 2014 report by the ministry of tribal affairs, which noted a pattern of criminalisation of Adivasis in areas with mining and other projects. According to the 2021 National Crime Records Bureau (NCRB) data on prisons, seven in 10 of the 5,54,034 people in prison in Indian jails are under trial and a majority are from marginalised castes (21.21% SCs, 10.78% STs, 35.83% OBC).

A 2018 fact-finding report by the Coordination of Democratic Rights Organisations, which examined state-sponsored oppression in Gadchiroli, noted that the mining company, the local administration and the Central Reserve Police Force in Etapalli “all work together”. It said, “a parallel system was being set up around the red soiled hills of Surjagarh that would wreak havoc in the lives of the locals. Security camps were built and additional battalions of specially trained police and security forces were deployed in the area. “All this was done in the name of anti-Naxal operations, as there has been a history of armed resistance in the area.”

Rakesh Alam, president of the Adivasi Yuva Chhatra Sangathan, and Pattu Pottami, Gram Sabha Adhyaksh of Dodur are united in their takedown of the way locals’ rights have been trampled upon to make way for corporates. “The first thing they did to start the mining process in Damkondwahi was to build a road and establish Jio signal towers. Then they built police stations. We know that the police stations are not for our safety, but rather, they have been built to repress our mass dissent,” Alam and Pottami say. Ganesh Korsa, member of the Adivasi Yuva Chhatra Sangathan, also expresses his concern at the growing number of police camps, saying, “If they completely take over our mountain and put up police camps, we will not even be able to move freely between out own houses and villages.”

The protesters also say they have faced police beatings and have been implicated in false cases. Some say they were brutally lathi charged and locked away without any clear accusations levelled. People are accused of being Naxalites in every village here. “The environment here is such that if we protest near the mine or an administrative office we will be arrested and put in jail immediately,” said Lalsu Nogoti.

In October 2021, locals had protested near the Surjagarh mines, after which police came to the site and detained protestors. Several activists – including Nitin Padda, Ramdas Gera, Sainu Gotu, Shiela Gota, Pattu Pottami, Jai Sri Virda, Sushila Narote, Rakesh Alam, and Mangesh Narote amongst many others – have been charged under Section 110 (punishment of abetment if person abetted does act with different intention from that of abettor.) and 353 (assault or criminal force to deter public servant from discharge of his duty) of the Indian Penal Code.

Kailas Ekka a 67-year-old from Murwada village in Etapalli, recounted that in February 2018, Ramkumar Khess, a resident of the neighbouring village of Koindwarshi, went bird-hunting with his friend in the jungle and was killed by the C-60, an elite paramilitary anti-Naxal force. A day

after his death he was declared a “Naxal” – his family has denied this and said he had been killed in a fake encounter. Journalists have reported several such accounts of killings.

Mangesh Naroti, one of the key leaders of the current agitation, explained that in recent months, he had been targeted for harassment by police. In late February, Naroti received a show cause notice under Section 110 of the Code of Criminal Procedure, under which police can initiate preventive action against someone they deem a habitual offender, and claim is likely to commit a criminal offence. The notice accused “Naroti of being a Naxalite supporter, of spreading propaganda against the Surjagarh mining project and inciting people to protest. Naroti had already been booked under section 353 in 2017 for protesting outside Gatta police station against the sexual assault of two tribal girls.”

Naroti was asked to present himself at the police outpost at Haidri police station, close to the Surjagarh mine, some 25 km from his native village of Besewada. Once there, police interrogated him about Naxalites and the upcoming protests. “They accused me of giving Naxals food and helping with their work,” said Naroti. “I denied this, but they wouldn’t listen to me.” They then asked him if he was opposed to mining. “I told them, I’m not a Naxal, but yes, I oppose mines,” he said. “If more mines open up, my community will be displaced. Then where are we to go and die?”

Naroti received notices from the police every week to report to Haidri police station. These visits continued for four months. “I grew completely distraught in those months,” he said. “They used to make me sit at the station for long hours. They would swear at me and tell me not to go to the protests. I used to return home at 8-9 pm.” By June, Naroti couldn’t take the stress anymore and decided to stop going.

This is a form of mental harassment that has been ongoing for decades. “This sort of harassment is happening throughout Gadchiroli, wherever Adivasis are living near valuable natural resources,” Naroti said. “They surveil us and protect the mining officials.”

Police claim that the number of Maoists in Gadchiroli has decreased significantly in the last five years. “If naxal activity has decreased considerably since demonetisation, then why are so many police stations opening up in the area now?” said Sakal Bokare, an independent journalist from Etapalli.

“The government is forcefully constructing police stations without taking the permission of gram sabhas,” said Vichchami, a protester. “This month they constructed a police station at Peepliburgi and have plans to bring more police stations at Todgatta, Morewada, Gardewada and Jharewada, among others. Security forces constantly threaten villagers for opposing mining, interrogating them on their whereabouts. On June 2, around 40-50 policemen along with six forest officials had visited Morewada village to survey land for the construction of a police station. However, they were met with the protests of the villagers. “We questioned them. We told them they cannot build a police station without the permission of the gram sabha, after which they left the place,” said Dasru Gota, 28, secretary at Morewada gram sabha.

References:

This report has been written with the help of the following articles and publications. Much of the report has been taken directly from these sources:

“खदान: रोजगार और fवकास, या fव थापन और fवनाश”, Visthapan Virodhi Jan Vikas Andolan, 2016

“The cost of protesting against mining in Gadchiroli”, The Scroll, 27th September 2023, https://scroll.in/article/1056602/the-cost-of-protesting-against-mining-in-gadchiroli

“In Gadchiroli, Madia Gonds’ way of life and the forces that threaten it”, Ground Report, October 17, 2023, https://groundreport.in/in-gadchiroli-madia-gonds-way-of-life-and-the-forces-that-threaten-it/

“’76 Years After Independence, We Still Fight’: In Gadchiroli, a 150-Day Protest Against Mining”, The Wire, 15th August 2023,

https://m.thewire.in/article/rights/independence-mining-gadchiroli-adivasi-protest-maharashtra

“Lalsu Nogoti raises Todgatta tribals protest at UN Council”, https://dvoice.in/lalsu-nogoti-raises-todgatta-tribals-protest-at-un-council/

“Todgatta Protestors find Support in Community”, Indie Journal, 8th August 2023, https://www.indiejournal.in/article/todgatta-protestors-find-support-in-community/

“As land bleeds, the struggle for ‘Jal Jungle Jameen’ in Gadchiroli continues”, Ground Report, 17th October 2023,

https://groundreport.in/as-land-bleeds-the-struggle-for-jal-jungle-jameen-in-gadchiroli-continues/

“‘Authorities indifferent’: 90 days on, Adivasis from 70 villages protest against mining in Maharashtra’s Surjagarh”, Newslaundry, 15th June 2023,

https://www.newslaundry.com/2023/06/15/authorities-indifferent-90-days-on-adivasis-from-70-villages-p rotest-against-mining-in-maharashtras-surjagarh

The post Does opposing mines & protecting our forests mean we support “Maoists”, Adivasis protest mining in Gadchiroli appeared first on SabrangIndia.

The civil rights group, Forum Against Corporatization And Militarization (FACAM), New Delhi, insisting on the need to resist “intimidation and repression on the people of Mali Parbat opposing Hindalco mining”, has said that the hill, “rich with bauxite, sacred to local tribes in Koraput district of Odisha, is facing threat of destruction” from the mining giant Hindalco (Aditya Birla Group), which “is seeking to mine 268.1 hectares of land.”

In a “solidarity statement, it said, “The people are opposing the proposed mining for almost 2 decades and now are facing militarisation, intimidation and arrests.” Stating that matter is being fought in Court, apart from the “tooth to nail’ ground struggle”, it added, on January 5, 2023, the Odisha High Court ordered the district administration of Koraput to conduct a ‘free and fair Gram Sabha’ with participation of locals in the decision of land concerning the proposed mining as mandated under Panchayat Extension of Schedule Areas Act (PESA).”

“However”, it regretted, “the preparations to conduct a ‘free and fare Gram Sabha’ by the district administration meant hundreds of police and paramilitary, armed to the teeth, parading around the villages — threatening and intimidating the villagers and slapping false cases on the leaders of Mali Parbat Suraksha Samiti, a body that heads the anti mining movement.”

Mali Parbat, a hill rich with Bauxite, sacred to local tribes in Koraput District of Odisha, is facing threat of destruction as Mining Giant Hindalco (Aditya Birla Group) is seeking to mine 268.1 hectares of land. The people are opposing the proposed mining for almost 2 decades and therefore, facing brute militarisation, intimidation and arrests. The matter is also being fought in Court, apart from the ‘tooth to nail’ ground struggle. Recently, on 5th January, 2023, Odisha High Court ordered the district administration of Koraput to conduct a ‘free and fair Gram Sabha’ with participation of locals in the decision of Land concerning the proposed mining as mandated under Panchayat Extension of Schedule Areas Act. However, the preparations to conduct a ‘free and fare Gram Sabha’ by the District administration meant hundreds of Police and Paramilitary, armed to the teeth, parading around the villages- threatening and intimidating the villagers and slapping false cases on the leaders of Mali Parbat Suraksha Samiti (a body that heads the anti mining movement). This was done before the holding of ‘free and fair Gram Sabha’ in order to intimidate the villagers to give-in to the corporate-state’s nexus behind Hindalco mining and gain their forced ‘free consent’ to loot and plunder of resources and destruction of environment. Currently, 28 activist and people of Mali Parbat Anti mining struggle are behind bars. Amid much militarisation and subsequent intimidation, the Gram Sabha was conducted on 7th Jan,2023, as directed by the Odisha High Court. Despite continuous threats, the majority of 72 out of 81 representatives of Mali Parbat region has opposed the mining, in the said meeting. The next hearing of the matter in Odisha High Court is on 15th Jan, 2023.

Environmental Clearance (EC) process for the purposes of mining in Mali Parbat, started in 2003, sparking the resistance movement that is continuing till date. In 2006 the environmental Clearance was given and Hindalco was granted mining lease in 2007. Due to people’s struggle, Hindalco could not carry out mining and the EC expired in 2011, however, Hindalco started mining illegally after the EC expired, with the collaboration of state and aid of the paramilitary forces being poured in large numbers. The mining stopped again, in 2014-15, due to surge in the people’s movement and the mining lease got expired in 2019. In 2021, the process to renew the lease of 268.1 hectare of land began, which saw two fake Gram Sabhas (village council meeting) being conducted, amid heavy deployment of police and paramilitary forces. Both the Gram Sabha meetings conducted in September and November of 2021, saw a deployment of around 4000 Police and Paramilitary personnel. The second Gram Sabha, conducted in November, 2021 saw strong opposition of the locals, as it was conducted only with 300 pro- Hindalco persons, debarring 1500 people from joining the gram sabha. Both Gram Sabhas were hailed by Koraput District administration as Highly successful. In the 3rd Gram Sabha conducted on 7th Jan, 2023, state government deployed 20 Battalions of Indian Reserve Battalions (IRB), Central Reserve Police Force (CRPF) and Border Security Force (BSF), despite clear direction of Odisha High Court to conduct free and fair Gram Sabha so that the locals can join it without fear and intimidation.

It is important to understand that this is the general modus operandi of the unholy State-Corporate alliance to intimidate and break the people’s movement against loot of resources by mining giants aided by imperial capital. Such is the case of Mining in Surjagarh Hills, Maharashtra, Rowghat mining and proposed mining in Amdai Ghati hills, Chhatisgarh, Niyamgiri Hills in Odisha, among many more. These anti-mining movements are the biggest blockade to the imperialist extraction machinery and to break these very movements is the objective behind rampant militarization of these states by building paramilitary camps in the fancy military terminology of “forward operational bases” that are nothing but Carpet security for extraction machinery of big corporates, such is the experience of past and present anti mining movements. These Paramilitary Camps or “forward operational bases” are part of Operation Samadhan-Prahar, launched as an extension of Operation Green-Hunt, to supposedly defeat the Maoist movement. However, It is clear that these camps and rampant deployment of forces, in the name of fighting the ‘Maoists’, are acting as a tool to suppress anti mining movements like Mali Parbat movement against Hindalco mining.

Forum Against Corporatization and Militarization strongly condemns the intimidation tactics used by the state against people of Mali Parbat region, who are struggling against Hindalco’s predatory mining of Mali Parbat to save 36 natural water streams and hundreds of Hectares of land and forest, set to be devastated by the blasting and other processes to mine the bauxite. We also demand the following:

• Stop slapping false cases on the people opposing the Hindalco mining of Mali Parbat.

• Release all the arrested activists of Mali Parbat Suraksha Samiti and people opposing the mining.

• Withdraw the various Battalions of paramilitary forces from the region.

• Respect the majority position of the locals in 7th Jan Gram Sabha and stop mining in the region.

• Restore the autonomy of Gram Sabhas as mandated under Panchayat Extension of Schedule Areas Act.

• Stop Operation Samadhan-Prahar.

Courtesy: counterview.net

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Days after Chhattisgarh’s tribal communities in HasdeoArand forest garnered support from government officials, three mining projects in the area were indefinitely put on hold, reported the Hindustan Times on June 10, 2022.

On October 14, 2021 as many as 350 tribals marched from Sarguja and Korba districts towards Raipur to meet Governor AnusuiyaUike and Chief Minister BhupeshBaghel. Community members wished to talk about the proposed coal mining projects in HasdeoArand region which is considered the ‘lungs’ of the region.

The area also includes a traditional elephant habitat and a catchment area for Hasdeo and Mand rivers, which irrigate the northern and central plains. As such, villagers have been protesting against mining projects for the last 10 years.

These sustained protests finally garnered support from Health Minister T. S. Singhdeo, who visited his own constituency Surguja as well as Surajpur on June 6, 2022, said the Hindustan Times. Singhdeo promised to take the first blow for the people if protesters are subjected to violence. Similarly, Chief Minister BhupeshBaghel on June 7 declared that not a single branch will be chopped without the consent of Singhdeo. Accordingly, collectors were instructed to halt all mining projects.

छत्तीसगढ़ के वरिष्ठ मंत्री टी एस सिंहदेव ने हसदेव में चल रहे आंदोलन को समर्थन देते हुए कहा कि अगर आप एकजुट हो कर लड़ेंगे और गोली चली तो पहली गोली मैं खाउंगा.

उन्होंने अडानी द्वारा खदान के समर्थन में गाड़ियों में भर-भर कर बाहर के लोगों को लाने पर भी नाराज़गी जताई.@RahulGandhi pic.twitter.com/hcHFZuEQC8

— Alok Putul (@thealokputul) June 6, 2022

However, while netizens celebrate this move, activists speaking to the newspaper asked that the government scrap the projects altogether.

Some relief reading that mining projects in #Hasdeo have been put on hold, though demand still continues to cancel them. Want to acknowledge this is an important milestone & one we owe to leadership on ground by the communities who have been protesting https://t.co/g2tj1dH441

— Neha (@nehsaigal) June 9, 2022

During a meeting on May 26, Chhattisgarh BachaoAndolan Convener Alok Shukla spoke about how there have been decades-long opposition from local communities against the mining projects that have received clearances from the Chhattisgarh government. Locals claim that these clearances were approved through serious irregularities like a forged gram sabha resolution, cancellation of their forest rights titles, illegal land acquisition, and administrative. For the last three years, villagers have repeatedly asked for an inquiry into this matter and even met the Chief Minister and Governor after a 300 km march. As such, he stressed the need to cancel the projects.

According to the Indian Express, all public hearings in the area related to mining have also been cancelled like the hearings for Kente extension and Parsa. However, while the matter was to be heard on June 13, the village sarpanch and others learnt about the cancellation on June 9. Meanwhile, district authorities issued the letter intimating the same on June 7. As such, the gram sabha has already convened and it recorded its verdict.

The HasdeoArand coalfield, spread over 1,878 sq km in the northern part of the state, comprises 23 coal blocks. In 2009, the Union Environment Ministry categorised the region as a “no-go” zone for mining but later said the policy was not “finalised”.

Yet an earlier report by the Peoples’ Commission on Public Sector and Services (PCPSPS) said the government had failed in its duty to develop and augment existing coal mines while handing over more land to private companies for such projects. The three projects in discussion have been allotted to the Rajasthan RajyaVidyutUtpadan Nigam (RRVUL). Both these states are governed by the Congress party.

Activists working on both Adivasi rights and the environment and climate change have been repeatedly asking the party to listen to people’s grievances.

#Hasdeo में PKEB कोयला खदान के दूसरे चरण में ग्राम घाटबर्रा की ग्रामसभा ने यूपीए सरकार के भूमि अर्जन कानून 2013 की धारा 41(3) के तहत भूमि अर्जन के प्रस्ताव का विरोध कर जमीन नही देने का निर्णय लिया

राज्य सरकार तत्काल भूमि अर्जन की अधिसूचना रद्द करे।@RahulGandhi @bhupeshbaghel pic.twitter.com/8rDQDR1bfl

— Alok Shukla (@alokshuklacg) June 9, 2022

Related:

GoI has failed in its duties towards coal provisions: PCPSPS
Scrap mining projects in Hasdeo forests: Friends of HasdeoAranya
Jal, Jungle, Zameen: Chhattisgarh Adivasis march 300kms to oppose coal mining projects
Dilution of environmental laws, a persistent tactic: AIUFWP

The post Chhattisgarh gov’t halts three Hasdeo Arand mining projects appeared first on SabrangIndia.

During this Budget session of the Parliament, a list of questions was raised by Lok Sabha member Ms. Chandrani Murmu (Biju Janta Dal) regarding the Tribals in Odisha enquiring about:

1. the number of tribal settlements that have been removed to pave way for mining;

2. whether the Government made any assessment of the area of tribal land acquired for mining in the last twenty years in the country and particularly in Odisha and the people displaced;

3. the details of the percentage of tribal land taken away for mining in Odisha;

4. whether the Government has been able to resettle the displaced population adequately; and

5. the details of resettlement policy of tribal population and the monitoring mechanism thereof?

Answering the abovementioned questions, the Minister of State for Tribal Affairs, Shri Bishweswar Tudu revealed that neither does the Central Government maintain information regarding tribal settlement removed for mining, nor does the Department of Land Resources maintain information relating to land acquisition and resettlement by various State Governments and Central Ministries due to mining in tribal areas. The minister reasoned that the State Governments are the owners of the minerals located within their respective boundaries and mineral concessions are granted by the State Governments as per the provisions of the Mines and Minerals (Development and Regulation) (MMDR) Act, 1957.

As per the information provided by the Government of Odisha, 529 tribal families from Jharsuguda district, 179 families from Angul district and 356 families from Sundergarh district have been displaced due to mining in the last 10 years. However, the Minister does not disclose where have the tribals been moved to. It is only informed that the that they have resettled the displaced population as per Orissa Resettlement & Rehabilitation Policy, 2006.

Moreover, it is hard to believe that only 1,064 families have been displaced in the span of 10 whole years when it has been reported by the Hindustan Times in 2020 that about 32,000 hectares of the land to be acquired for mining in Angul district itself was estimated to displace up to 10,000 families. “The auction of these coal block at one go would not just devastate the lives of thousands of families, they would alter the landscape for all time to come putting in peril the lives of wildlife in the region. Angul district is already among the most critically polluted areas of the state as per Central Pollution Control Board due to coal mining in Talcher area. Once these 8 blocks are mined, living in Angul would be nothing less than a nightmarish experience,” noted environmentalist and wildlife activist Biswajit Mohanty was quoted by Hindustan Times.

Meanwhile, in the Ministry’s response before the Parliament, the Minister goes on to mention that each displaced family has been provided with Employment, Provision for Homestead Land, House Building Assistance, Maintenance Allowance, Assistance for Temporary Shed, Transportation Allowance but resettlement of Tribal people and forest dwellers is more than providing just a roof over their head. What’s important to note here is that driving these people out of their natural or traditional habitat exposes them to hostile environments which lead to exploitation, poverty, malnourishment and mental trauma. As reported by The Wire, they are deprived of their food security and diversity, livelihood’s security thereby resulting in poor health.

The Minister fails to disclose the details of the percentage of tribal land taken away for mining in Odisha and without providing any further clarification on the issue it merely reiterates the legal provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013; Minerals (Other than Atomic and Hydro Carbons Energy Minerals) (MOAHCEM) Concession Rules, 2016; (Welfare of Tribal Communities) of National Mineral Policy, 2019.

The answer dated April 4, 2022 may be read here: 

Ground reality

In reality, tribal people in Odisha have been enduring police brutality and repressive State-sanctioned acts only because they stood up to protect their rights. For instance, on January 14, 2022, in the Dhinkia village, Jagatsinghpur district of Odisha, villagers were brutally assaulted by security personnel for peacefully protesting a Jindal project. The Movement leaders Debendra Swain, Murlidhar Sahu and INSAF State Convener Narendra Mohanthy were arrested shortly after they released a fact-finding report on previous crackdowns by the administration.

According to villagers, the leaders were illegally detained by the Abhaychandpur police while several villagers suffered injuries during lathicharge. Residents also claimed the personnel houses and targeted women and children. 

Years ago, POSCO withdrew its proposed steel project after facing fierce resistance from locals. However, instead of returning this land to the people, the state government put the area in a land bank where it was transferred to Jindal Steel Works Ltd. The company planned to build an integrated steel plant, a captive power plant and a cement factory.

The district administration, between August and November this year, called for a fresh notification for further acquisition of land, Panchayat hearings to ascertain people’s grievances and trifurcation of Dhinkia revenue village – all amidst heavy police deployment.

Further, villagers accused the government of ignoring their demand for the implementation of the Forest Rights Act-2006 since the time of anti-POSCO movement. Earlier, the two centrally-instituted committees recommended that the forest land be distributed to the people, who will then decide if they want the project in the area.

However, according to the movement spokesperson Prasant Paikray, “The Odisha Govt is forcibly grabbing the fertile agricultural land and homestead land of 11 Villages for JSW. As you are well aware, with a lot of hardships and sacrifices our villagers drove POSCO from our soil. The irony is that we are forced to confront the same reality now because of the government’s love for another election fund provider, JSW.”

According to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR) of 2013, “Land acquired and possession taken over but not utilized within a period of five years from the date of possession shall in all cases revert back to the original land owner.” Yet, ignoring this provision, the Odisha government on February 7, 2015 declared, “Land acquired… but not utilized within a period of five years from the date of possession shall in all cases revert back to the state and be deposited in the Land Bank automatically.” This notification went against the Forest Rights Act 2006 as well that recognises legal rights of local communities over forest land and community forest resources. Three different official committees i.e., the Saxena Committee, the POSCO Enquiry Committee and the FAC found that the law was violated in the proposed POSCO area. The Movement demanded that the administration acknowledge that there is no provision which provides for land acquisition for any land bank. As such, the land must return to the original inhabitants.

“The government must respect the unanimous resolution passed by over 2,000 people at a Gram Sabha held in October 2012 that the land used for betel cultivation was under the rights provided to the Gram Sabha under the Forest Rights Act (FRA), 2006,” said Paikray. He warned that continued state conflicts would also violate the IPC and the SC/ST Prevention of Atrocities Act 1989 and the amendments done in 2016.

Related:

Tougher Than Steel: Odisha Community Rally Against Transfer of Their Land, Again

Tougher than steel: Decades on, Odisha villagers still struggle to protect their land

Tougher than Steel: Odisha villagers condemn govt’s to attempts to usurp their land

Odisha: 3 activists arrested for speaking truth to power in fact-finding report

Dhinkia: A story of perseverance against administrative oppression

Odisha Police beat up Adivasi villagers

The post Were only 1,064 Tribal families displaced in Odisha for mining in the last 10 years? appeared first on SabrangIndia.

For the tribals in the Chandragiri-Pottangi subrange in Odisha, Maliparvat (mountain) is an integral part of their lives and their livelihood. The ecological, religious and economic pull of this land is such that, despite years of corporate pressure, local communities continue to defend the land against mining auctions proposed by the state government.

On July 7, 2021, the Mines, Steel and Mines department Director tendered for the grant of mining lease for iron ore, bauxite, manganese and dolomite. Corporates like the Aditya Birla Group’s Hindalco Industries Limited (HINDALCO), TATA and Vedanta were reported as the main bidders for these mines. However, local activists pointed out that among the 11 mines auctioned by the state, seven are virgin blocks and the rest are expired lease blocks.

Particularly, regarding the bauxite mining lease in the area, Lok Shakti Abhiyan (LSA) President Prafulla Samantara said that the permission was given to HINDALCO as far back as 2007. Samantara said the government allowed it to apply for fresh environmental clearance, which will be considered on September 22, 2021.

“The illegal construction still continued in the cleared area. The repression on people has not decreased because the plant remains and the Odisha government is going to hand it back to corporates,” Samantara told SabrangIndia.

For the Dongria tribe, this re-auctioning of leases poses a threat to their livelihood. HINDALCO’s earlier Environment Impact Assessment (EIA) report said that there were no significant streams and forests in the area. However, in a letter addressed to Chief Minister Naveen Pattnaik, Samantara argued that the small mountain contained 36 perennial streams that sustain River Kolab – a major river in the state. Further, the streams allowed locals to carry out agricultural activities, including vegetable farming in over a hundred villages.

Moreover, the area is home to thousands of trees, including Sal, and medicinal plants. It is also an important elephant corridor for the region. However, following the mining turmoil, the animals have begun straying from their traditional habitats.

“Unlawful mining transportation is just one of the many problems faced by locals due to the corporate projects. Elephants now live inside villages. The community lost 240 sq.km. land to mining and 140-160 years old trees. Meanwhile, corporates made a super-profit of Rs. 2 lakh. But the money was never used to create a steel plant that would have helped the people,” said Kirankumar Sahu, another activist working with the locals against the mining auction.

Similarly, local activist Damodar Jani spoke about how the affected villages were yet to receive road connection let alone other forms of development like drinking water. “These projects only benefit the leasing companies and the government. Till date, no individual has received a job, adequate educational or health facilities. Even people living around areas where production was carried out 38 years ago, received no relief,” he said.

On Wednesday, he said that as many as 20,000 people will gather for the public hearing regarding the clearance of the lease. Activists said the demands of the people are simple: improved livelihood and freedom from police repression and non-bailable arrests.

HINDALCO’s environmental clearance

In 2020, the Expert Appraisal Committee (EAC) of the Environment Ministry objected to renewing the green clearance to HINDALCO as violator of law and said the company deserved punishment.

Locals allege that authorities allowed illegal mining even before 2012-2014 when the company received the clearance. They claimed that such activities came to a halt due to their democratic resistance.

“We ask should everything be destroyed for mining? This small mine of 14 million tons is not necessary for immediate use for industries in the state. The government will get little revenue as royalty because it is allotted not by auction. But the permit’s ecological and sustainable economic value of livelihood for tribals are immense,” said Samantara.

On top of providing fodder and grazing area for domestic animals, Mali Parvat is a sustainable resource for climate justice, said locals. They argued that sustainable development should not be sacrificed for the profit of private entities who aim to monopolise Odisha’s mines.

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Climate change policies will never work until Adivasis are included: AIUFWP Roma Malik

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Goa’s iron ore mining leases that were halted in March 2018 may be auctioned off soon to restart the industry, said Chief Minister Pramod Sawant on November 30, 2020.

Following a meeting with Union Minister of Coal, Parliamentary Affairs and Mines Pralhad Joshi and Home Minister Amit Shah and other officials, Sawant said that the government would auction the 88 mining leases that were quashed by the Supreme Court two years ago.

This step was made possible by the environmental action group the Goa Foundation whose extensive legal work on preserving mineral resources of the state since 1992 has been hailed by environmentalists and people of Goa. On Monday evening, the Goa Foundation celebrated the announcement as a “victory” for Goan people.

https://www.facebook.com/GoaFoundation/posts/2885162811587213

Following the court verdict, the state’s mining industry was stuck between the Supreme Court’s orders to issue fresh leases and the MMDR Act’s current clauses mandating an auction process for granting leases.

While Sawant said that the auctioning could be one of the solutions for reviving the mining industry. He also expressed concern over the impact of such a decision on people working under these leases. Nonetheless, he said the government would ensure that new lease holders do not dismiss their services.

Similarly, netizens also raised doubts regarding the benefits of auctioning in view of outstanding dues.

To this, member of the Goenchi Mati, a movement started by the Goa Foundation, Rahul Basu said, “I think the government has to issue final orders by December 4 where they have issued Rs. 3,431.31 crores of show cause notices. That money should also go into the permanent fund for future generations.”

When asked whether the government would be able to recover such an amount from existing mine owners, he said the administration could be compelled to do so by the people.

Auctions could open Goa’s mines to companies across India rather a handful of family-run companies such as the Goa Mineral Ore Exporters Association.

This mining industry lobby of the state that enjoyed mining concessions by the erstwhile Portuguese colonial regime, said they are awaiting a joint meeting with the Union of India and the state government to find a prudent solution while considering legal and technical aspects of the project.

Related:

Goa’s People say NO to Coal
Withdraw virtual clearance given to two projects in Goa’s wildlife sanctuary: NAPM
NAPM demands that Centre immediately revoke the commercial auction of 41 coal blocks
Goa Lokayukta slams Governor for ignoring order to take action against errant officers

The post Goa government considers auctioning 88 halted iron ore mining leases appeared first on SabrangIndia.

The Ministry of Coal plans to acquire 1,760 hectares of protected forested land in Sarguja, Chhattisgarh for mining, said a Daily Chhattisgarh report on October 15, 2020.

The report, which was the first public announcement of such a project, said the notification was issued on May 11 for the Hasdeo Arand area, one of the largest contiguous stretches of dense forest in central India spanning 170,000 hectares with 22 coal blocks. According to the Coal Ministry, the Kente extension coal block there has total coal resources estimated at 200 million tonnes.

Noting the resistance from the state government, Union Minister of Coal and Mines Pralhad Joshi, accepted a proposal to exclude five coal blocks in the area – Morga -2, Morga (south), Madanpur (north), Shyang, and Fathehpur (east) – that were among 41 coal mines being auctioned.

The government plans to acquire the land under the Coal Bearing Areas (Acquisition and Development) Act provides land ownership to the centre within two years of notification provided it is satisfied that coal is extractable from whole or part of a tract of land.

However, convener of the Chhattisgarh Bachao Andolan Alok Shukla, argued that there should be no mining in the area because it is proximity to dense forests. He said the state government should have notified Gram Sabhas to seek people’s opinion first because the decision “devastate the lives of local people.” This claim also goes in line with the rights given to indigenous people under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

Similarly, environmental lawyer Sudiep Shrivastava said the decision went against the Supreme Court’s observation on September 30 that neither the centre nor the state has the right to mine an area if it falls in an eco-sensitive zone.

This decision is based on a plea by the Jharkhand government that challenged the Centre’s plan to auction coal blocks for commercial mining. Chief Justice of India S. A. Bobde had asked the Centre to file an affidavit on whether the coal blocks being auctioned are in eco-sensitive zones or not.

The Hasdeo Arand area, being the catchment area of River Hasdeo, has very high crown density. Moreover, the Coal Bearing Areas Act cannot grant land ownership to a state PSU which has a mine developer and operator (MDO) agreement with a private company, although attempts are being made to bring such an amendment.

In 2009, the Environment Ministry categorised Hasdeo Arand stretch as a “No-Go” zone for mining. However, it was opened to mining again because the policy wasn’t finalized. A senior official from the Ministry said that coal mining is impossible without environmental clearance and forest clearance. The specifics of this case would be known to Coal India Limited.

Much like the Coal Bearing Areas Act, the government has made many changes to environment and natural resource laws. The notification of the Environment Impact Assessment (EIA) 2020 has relaxed the approvals required by corporates to undertake construction projects. Similarly, the Mines and Minerals (Development and Regulation) Amendment Act, 2015 increases the limits for mining. Moreover, it creates a new category of mining license for undertaking prospecting operations such as exploring or proving mineral deposits, followed by mining operations. Further, a Mineral Laws (Amendment) Ordinance, 2020 will remove the eligibility restriction prescribed in the Coal Mine (Special Provisions) Act, 2015 that only let companies engaged in a ‘specified end-use’ bid in the auction of Mining Concessions.

These amendments are likely to change the state of natural resources in the country. At the same time, adivasis, forest-dwellers, fishermen and other communities directly engaged with nature are becoming more aware about these laws. Tribals in certain areas have also begun to voice their voice against these legislations.

Citizens for Justice and Peace (CJP) has actively worked with such communities and recently conducted a training programme where forest-dwellers were sensitised about various legal provisions relating to the environment.

Related:

No auctioning yet: Madras HC stays state tenders for mining in Dharmapuri
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Is Adani enterprises illegally acquiring land for coal mining in Chhattisgarh?

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The Madras High Court restrained Tamil Nadu government from finalising tenders floated for mining of black granite in Dharmapuri district on September 29 upon receiving a plea that alleged a lack of environmental clearance, said a New Indian Express report.

Justices M. M. Sundresh and R. Hemalatha passed the interim order based on former DMK MP R. Thamaraiselvan’s petition which said the state had failed to assess the environmental impact of the project.

As per the court order, the state had not satisfied any of the several conditions imposed by the Central government for awarding a tender or mining clearances in the state.

The petitioner’s senior Counsel R. Viduthalai said that the state in calling for an auction without a prior clearance had gone against the guidelines issued by the Central Government under Section 20A of The Mines and Minerals (Regulation and Development) Act 1957.

However, Advocate General Vijay Narayan who spoke for the state said the government had followed all necessary rules for calling an auction and demanded that the petitioner’s claim of an “illegal” activity be dismissed. He went on to say that there is no rule that a tender can be awarded only after seeking environmental clearance.

According to Narayan, only the highest qualified bidder from the auction has to carry out the necessary processes such as obtaining environmental clearance.

Even so, judges said that the government should have undertaken a proper survey of the entire locality for holding mining activities before floating a tender. Moreover, they said the assessment should have been done so as to evaluate the necessity of the project along with the environmental impact. The court thus stayed the auction and adjourned the plea to October 8.

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PIOs who don’t act as per RTI Act should be shown the doors: Madras HC

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With the government deciding to auction off coal blocks to private players as a part of the Atmanirbhar Bharat Abhiyan, several concerns are being regarding the health, lives and livelihood of residents of these areas, particularly forest dwellers and forest workers. And while predictable the mining industry has welcomed the ‘reforms’ proposed by the government, one can neither ignore the threat to the environment, nor the concerns of those employed in the mining sector.

Noted activist and Green Nobel Prize winner Prafulla Samantara told Sabrang India, “The mining industry has been operating all through the lockdown. There have no precautions been taken for the health of the tribals who are working in factories that are operating during the lockdown.”He added, “There is widespread corruption in the mining industry. Companies who take coal blocks on lease will take 1000 MT but show 200 MT on paper. Natural forests have been cut down for commercial activities. If the power distribution companies hadn’t shut during the lockdown, why did the government allocate Rs. 90,000 crore to them? This is only to earn more profits.”

Jharia, a coal producing region of Jharkhand’s Dhanbad district, appears to be in particular peril given how more than a century of underground coal mining in the region left the land hollow, and houses and other overground structures collapsing due to subsidence has become increasingly common. Fires rage under the surface and smoke often bellows from the earth. In fact, residents are in the middle of a rehabilitation plan to evacuate them from underground-fire-hit areas to safer places.

Here’s a deeper look at the impact of mining on Jharia’s people, environment and labour rights.

Jharia’s infamous underground infernos

Jharia holds the largest coal reserves in the Jharia coalfield which lies in the Damodar River Valley. As per the data by Bharat Coking Coal Limited (BCCL), the Jharia coalfield covers an area of about 393 sq. km, out of which BCCL operates on approximately 258 sq. km. The estimated coal reserves in Jharia stand over 17 billion metric tonnes and is the only source of high-quality coking coal needed for steel production.

Resulting from poor mining practices, the nature of the coal deposits and the apparent susceptibility of the coal to self-heating, uncontrolled coal fires reportedly began in the Jharia coal fields in 1916. As per a research paper by Dr. Mita Malkhandi on the ‘Displacement and socio-economic plight of tribal population in Jharkhand with special reference to Jharia Coal Belt’, according to the investigations made in the Master Plan (2008) – after nationalization, 70 fires were known to exist there in the leasehold of BCCL, covering an area of 17.32 kilometers. In the last 100 years, the fires have nearly claimed 20 lives and destroyed nearly 200 houses.

Impact on the population

The open fires in Jharia have had an enormous impact on the people living there. A Greenpeace India report released on January 22 this year, ranked Jharia 1st and Dhanbad 2nd among the most polluted 287 cities and towns.

Impact on livelihood

In 2001, the population of Jharia was estimated to be around 475,341. The 2011 figures of Jharia’s population haven’t been released. Out of these, the Scheduled Tribes population stands at 81,450. The underground fires have been the main reason for people migrating from the area. In a paper by Abhishek Das on the ‘Jharia Coal Mine Fire and its Impact’, he states that people are moving out of Jharia because of the fire not only because it has an economic impact as they have to rebuild their houses due to the fire without any help from the government, but also due to the physiological effect of these fires.

The fires in Jharia have greatly reduced the livelihood of the locals who depend on coal scavenging to meet their daily needs. While people are being relocated to safer places due to the open fires, the threat to their livelihood still persists. This is had led to a rise in illegal mining where locals scavenge for coal and sell it. They take 4 – 5 sacks of coal with approximately 45 kg coal and sell it to restaurant and street food-cart owners who depend on coal.

Health impact

Along with carbon dioxide, sulphur dioxide, carbon mono-oxide and suspended particles etc. emanating in the fumes due to open fires cause many health problems to the locals like skin and health diseases, chronic bronchitis, asthma and pneumoconiosis (caused by coal dust). These gases get trapped in the land eventually contaminating the underground water and nearby surface water bodies resulting in sulphur poisoning causing diseases like diarrhoea and gastritis.

While coal fires do give out toxic fumes, current activities of companies like the Bharat Coking Coal Ltd (BCCL) are allegedly responsible for the deteriorating air quality in Jharia. Much of the environmental pollution in the area is due to the opencast mines operated by the state-owned company, a subsidiary of Coal India Ltd. Since the year 2000, BCCL has started opencast mining that involves the extraction of coal through an open pit or borrow.

The residents of Jharia have been suffering in silence for decades. Though on one hand working in coal mines gives them a livelihood, the increasing pollution is also affecting their health. As smoke and fire escape from the fissures in the earth, life in Jharia is akin to living in a gas chamber. Respiratory and heart diseases are common, just as tuberculosis and persistent coughs due to the inhalation of poisonous fumes of carbon monoxide, the most toxic gas produced in coal gas fires.

Villagers say that the government conducts routine surveys about the plight there, but does little to actually reach a solution. They also face problems in the rehabilitation process due to the unavailability of documents as per government norms.  

Cultural impact

When asked about the cultural impact of deforestation and reckless mining on the tribal population, Dayamani Barla, veteran activist and journalist, also known as the ‘Iron Lady of Jharkhand’ told Sabrang India, “The relationship of every Adivasi is with forests, water, rivers and mountains. Without these elements of nature the collective society will crumble. The tribals live together, celebrate festivals together, their whole ecosystem is based on collective living.” Barla explains the bond between forest dwellers and forests saying, “When the tribals are separated from the jungle, their collectiveness is dislodged. They get displaced and land up in different places and their lifestyle is impacted. This leads to their language, culture and livelihood being destroyed. Their social and cultural indigenous identity will get destroyed right now and not reach the next generation. This is the reason that the Adivasi community cannot live without its forests. Hence, all over the world it is only indigenous tribes who fight for land rights and rights for environment.”

She adds, “Currently, more than 1 crore people have been displaced from Jharkhand. Most of the people who are now rickshaw pullers or coolies, are all those who are displaced from their lands.”

Hazards due to inadequate workplace safety

A study revealed that hazards were linked to both human and mechanical issues. About 40 – 50 percent of the total accidents in the coalmines were associated with the handling of mining tools, like lift-cages in the shaft, explosives used for blasting a coal seam, coal-cutting machines, tram lines and tubs, haulage engine, boilers, railway sidings or tramways, lamps and electricity. Industrialists install machine tools to undertake vertical and horizontal expansion of mining activity.

Deep underground mines and water logged mines cause a lot of danger to miners. A visit to a BCCL Boragarh underground coalmine by the team that conducted the study revealed that the structure of work and tools used were quite outdated. It also revealed that the safety lamps that workers wear use batters that sometimes leak acid causing skin burns. The lifts used to carry the workers were completely outdated too.

As mines continued to remain operational as they came under the gamut of essential services, the question of safety of workers given the social distancing clause was raised once again. BCCL Chairman and Managing Director told Economic Times that at least 3,000 workers were engaged in underground mining in three shifts with restricted activities.

Another source told ET, “The lives of workers at mines at Putki, Gopalichak, Lohapatti, Tetulmuri, Moonidih, Salanpur, Akshkinari besides other areas have been put at risk as leave apart basic hygiene issues, dust masks or sanitisers some of the mines even lack adequate water to wash hands. Neither regular medical checks ups are being done nor are there temperature measuring devices.”

The one-metre distance is also impossible to be followed in underground mines as four to five people work together to operate drill machines, push mine tubs, etc. At any given time in an underground mine, at least 50 – 60 people are present in close proximity.

Impact on environment

The unsustainable mining causes ripple effects for the generation to come. Local air and water quality are harmed, natural resources are exploited, green cover has decreased, rainfall has reduced and area under cultivable land has dwindled; apart from several health issues cropping up in the population.

A study by Sribas Goswani in 2015 on ‘Coal Mining and Indigenous Communities: A case study of Jharia Coalfields’, reads,

“Coal Mining has multiple adverse impacts on the environment: disturbance of the land resource, adverse effect on river channels and aesthetical deterioration of the landscape. Mine fire occurring mainly in underground coal seams and the effect on the land, water and air due to refuse created from mining and coal preparation units. The environmental implications of energy use arise from the fact that nearly 90% of the primary energy consumption comes from combustion of fossil fuels. The most direct environmental impact of fossil fuel use is an increase in air pollution levels  and  production of greenhouse gases  increasing  the  threat of  global  warming  and this is besides the land degradation due to mining, water pollution, and vibrations due to blasting adverse impact  on  the  health  of  the  mineworkers  and  of  the  people  living  in  the  adjoining  areas.” The study estimates that the washery and benefication activities amount to dumping of 10 – 15 percent of coal into rivers such as the Damodar.

The Damodar River is the main source of water for cultivation and sustaining the underground water table. The pumped-out water with suspended coal dust from the coal mines may cause the river to get polluted with phenolic (a toxic organic chemical) contaminating both, surface and underground water. Due to unplanned dumping of waste rock or overburden materials, the drainage flow is blocked, causing partial blockade of rivulets which could also change the original course of the rivers, thus upsetting the ecological balance and hampering settlements.

In Jharia Coal Fields, says Varinder Sahni in his paper ‘Impact of Coal Mining and Mine Fires on the local environment in Jharia Coalfield, Jharkhand’, the soil is polluted due to strip mining as it involves removal of top soil, wind erosion from overburden dumps, coal heaps, tailing ponds, dust generated due to heavy machinery used for extracting coal, burning of coal, loading and unloading of coal as this dust settles on nearby areas.

Studying the impact of changes in vegetation pattern, he said that in Jharia alone, hundreds of square kilometres of land are currently affected by surface and subsurface mining, out of which a significant portion is without vegetation cover. Re-growing vegetation on overburden dumps and mine spoils is a gigantic task as the soil gets devoid of nutrients, has acidic pH, and is often contaminated with heavy metals.

Activists cite law violations

Dayamani Barla, also explained the issues caused by mining there. Speaking about the Jharia rehabilitation plan she said, “The rehabilitation has not taken place the way it was supposed to. The mining is only going to increase as the land under mining increases. People will continue to get displaced. Economically, the people there are very poor. There are very few land owners left in that area. Most of the migration has taken place from the colliery areas.”

Speaking about land rights the veteran activist and journalist belonging to the Munda tribe said, “The land there – some of it belongs to the people and some of it is gair majarua land (community lands without deeds), but because this is a Fifth Schedule land, this land is not wholly owned by the government. It is looked after by the tribals and the government acts as a custodian of the land. This land can’t be sold. However, the government ignores this principle and continues mining there leading to the displacement of the people.”

A report by Centre for Policy Research says that with respect to the provision of the return of unused land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, states such as Odisha and Jharkhand have done away with any possibility of returning any unused land to the landowners. The unused land in these states get deposited in the government’s land bank with land owners effectively being kept out of what they rightly own.

In the book, ‘The Wild East: Criminal Political Economies in South Asia’ by Smita Gupta, chapter 2 addresses the ‘negative externality’ of fire, showing how fire has become an essential input to the expansion of il/legal coal mining. It examines how the nexus between politics and economic crime violates policies for fire-fighting and fire prevention as also the policies of rehabilitation and resettlement.

While three separate planning organisations are responsible for rehabilitation and resettlement, victims of the fiery threat to habitats and livelihoods are progressively and illegally disenfranchised by procrastinating state agencies. Some have been forcibly evicted. The irony that many disenfranchised workers are forced by lack of alternatives to scavenge coal illegally is not lost.  

The rules and regulations of filling the coal mine cavities after extraction with a mixture of sand, water and fire-retardant chemicals to avoid damage to the surface area and prevent subsidence have never been enforced by the Director General of Mine Safety (DGMS).

It was said that certificates of the ‘good health’ of mines were issued without verification, via political pressure and monetary ‘gifts’. The book reads, “As per the law, no mining can take place at or below the surface within 50 metres of a highway or railway track; therefore, the underground mining by BCCL under and close to the highways and railway lines is a blatant violation.”

BCCL was issued a letter on the Ministry of Coal on April 5, 2002 charging it with undercutting the safety and stability of railway lines in the area by ‘indiscriminate’ mining without following safety provisions as stipulated by the DGMS. Speaking of the incident a BCCL manager was quoted saying, “‘Of course it is a violation, but the coal below the railway line was of high quality.”

The Supreme Court order dated 16 January 2008 stated: (a)s regards fires and subsidence of earth in the mining areas, two reports have been filed by the Committee appointed by this Court … It is pointed out by the learned Amicus Curiae that no serious steps have been taken either for rehabilitation of the residents of the affected area or for controlling the fires in these areas … many a time the remedial measures are not taken and whatever action is taken so far, are not sufficient.

Jharia Rehabilitation Master Plan

In 2009, the Master Plan for dealing with fire, subsidence and rehabilitation in the lease hold of BCCL was approved on August 12, 2009 by Govt. of India with an estimated investment of Rs.7112.11 crores for Jharia Coalfields. Implementation period has been delineated as 10 years after the pre-implementation period of 2 years. According to the plan, BCCL had to construct 25,000 houses at a cost of 1068.45 crores.

However, a report by Amicus Curiae Gaurav Agarwal found the masterplan for the rehabilitation severely wanting. The Times of India cited Agarwal’s report – “Since the masterplan does not provide payment of market compensation, in the ten years since, not one legal title holder has moved.”

There are three sets of households to be moved out. One the legal title holders (LTH), two their tenants and occupiers of those lands, and third, the non-legal title holders (NLTH) who the report terms “encroachers”. The report found that the package for even the legal title holders was insufficient, and the tenants had not been taken into account at all.

The report by Agarwal found that the first essential problem is the masterplan’s cut-off date of August 2004, which means the rehabilitation process would include only the 54,179 households who were there by that date, and anybody who has come after the cut-off date would not be entitled to any ‘benefit’ under the masterplan. The report said the ‘benefits’ must be extended to the “large number of people who have settled after the cut-off date” — the current total number of households is 104,946.

The report said that the plan would serve no purpose if all the families aren’t shifted out of the area. He said, “The non-legal title holders as per masterplan was 23,837, but NLTH as per latest survey is 72,882. Therefore, GOI/ GOJ/ BCCL would have to ensure all non-legal title holders are shifted out.”

Complaining about the compensation for legal title holders his report noted that the rehabilitation package should be attractive for the families to move out. Noting that land is in “short supply”, the report said acquisition of land may be a tough and long process and may result in further displacement. “Therefore, payment of adequate compensation for lands acquired from LTHs seems to be the only way to get the lands vacated by those who have legal title to the land.” The report said that the Centre “may have to relook the masterplan as far as LTH is concerned”.

He also reported that there was no mention of tenants of the Legal Title Holders and no survey had been carried out to find the number of people or families residing or carrying businesses on such lands.

Speaking of the Non legal title holders numbering over 70,000 households, the report said that the plan contemplates a 2-bedroom accommodation of 350 sq. ft., minimum wages of Rs. 250 for two years and a nominal shifting allowance of Rs. 10,000. However, he said that merely shifting them would not be sufficient. he onus of “facilitating some income generation scheme for the families” is on the Centre, the state and BCCL, the amicus curiae noted, adding, “Means of transportation from the rehabilitation sites, at a distance from any nearby towns, would have to be developed for the displaced families to find some work.” Provide means of livelihood so that NLTH can shift or “they will go back to mines as their livelihood depends on it”.

Relief and Rehabilitation

The three categories of people there – encroachers, owners and livelihood dependents are all cited to be ‘affected persons’ in the relief and rehabilitation policy of Coal India Limited (CIL). The R&R policy if Coal India Limited also talks about ‘involuntary displacement for any other reason’, thus making CIL responsible if their mining has had an adverse effect on residents or property.

However, such persons have progressively been denied coverage, with eligibility being restricted to land losers or bona fide land owners to the exclusion of squatters and encroachers.

Even though the Jharia Master Plan is designed for CIL areas, it excludes the provision of a job to families affected by fire and subsidence, even though this is required by CIL’s own R&R policy (Coal India Limited 2008). In 2012, CIL diluted its own 2008 policy by inserting the additional condition that monetary compensation and employment would only accrue to those losing at least two acres of land.

In the leasehold lands of BCCL, the master plan deals with fire, subsidence and rehabilitation with relief and rehabilitation for non-BCCL persons in the area endangered by the BCCL, finance by the Coal Ministry and implemented by the Jharkhand government. Temporary relief and rehabilitation of a meager Rs. 10,000 per family is allotted by BCCL to those families where opencast mining is underway.

Exposing the mafia operating in these areas, Smita Gupta’s book says, “In several localities, people live in small settlements on the upper terraces of opencast mines. Many of these hamlets are also home to the unorganised contract workforces of these same mines, whose employment is as insecure as are their lives. As the fire expands into these areas and fire-fighting excavation is contracted out, BCCL in connivance with the contractors and local police – and in a shocking illegality – dynamite out ‘encroachers’, who should be considered ‘affected persons’ under CIL’s own R&R policy. BCCL gives a one-time lump sum settlement of INR 10,000 and a temporary plot on a reclaimed and refilled mined site to construct houses at the victims’ own cost – a dishonest and undemocratic ploy to deprive the oustees of their relief and rehabilitation rights.”

In the areas not endangered within the leasehold of the BCCL, CIL’s relief and rehabilitation restricts benefits to only ‘entitled project affected persons’ – families, individuals, tribals, leesees, tenants, but only those who have lost land of two acres or more. While the entitlements are many, very few turn out to be available for benefits.

The Jharia Rehabilitation & Development Authority claims that unavailability of land is the main hindrance in resettlement. While BCCL says there are no vacant safe areas to rehabilitate those affected, another take on the matter is the relationship between crime, politics and policy furthering illegal mining interests.

At the bottom of things, the illegal coal mafia is scared of losing out on cheap workforce who is willing to risk their lives to earn some money as the national government is eager to grab large mining contracts.

According to an audit by the Comptroller and Auditor General (CAG) of India in 2019 on the Assessment of Environmental Impact due to Mining Activities and its mitigation in Coal India Limited and its subsidiaries, it observed the following shortcomings in the Jharia Master Plan.

1.       Even after lapse of nine years since JMP was approved, BCCL did not formulate fire fighting activities as envisaged in the JMP. Firefighting activities commenced only in 25 projects (as against 45 projects identified), thereby endangering the lives of the people residing in and around the fire area, besides impacting the environment adversely.

2.       Although JMP recommended adoption of excavation and back filling technique only in six projects, BCCL adopted it in all 25 projects thereby deviating from the JMP for which no reasons were found on record. National Remote Sensing Centre, Hyderabad reported that the quantum of surface fire which covered an area of 2.018 sq. km in 2014, expanded to 3.28 square km in 2018 due to excavation. We also observed that the extent of underground fire was not assessed. BCCL stated (November 2018) that it did not have the expertise to assess it. We further observed BCCL did not explore the possibility of hiring other agencies to assess the extent of underground fire so far.

3.       Infrastructural facilities for resettlement created at a cost of Rs. 51.35 crore were lying idle. The slow pace of progress in the implementation of JMP exposed the inhabitants to the threat of subsidence and other environmental hazards.

Speaking about the dilution of tribal rights and demands, Dayamani Barla said, “The government is not giving royalty to the land owners who add to the GDP. The locals are not getting jobs in their own lands. If this continues, it is obvious that people will protest against the powers. Dalits and Adivasis have been part of the freedom struggle as have others. The Constitution of India has made provisions for the Adivasi community keeping our uniqueness in mind. The Fifth Schedule for Advisasis made this keeping in mind the relationship of the Adivasi society with the earth. If these two are separated, the tribal community will perish. The Chota Nagpur Tenancy (CNT) Act is like a safety shield for tribal land owners. The Forest Rights Act, 2006 also supports the CNT Act. However, no government has implemented these in favour of the land owners. When the President signs on a bill it becomes an Act. But why does it only become an Act for the rich and not for the poor, Adivasis, Dalits and farmers? These have to be implemented. The power given to Gram Panchayats in the Fifth Scheduled has to be enforced by the President with the help of the governors who are custodians of these areas. However, they’ve all become puppets serving the corporates.”

“The RTI Act which was the main weapon to lend justice to those cheated of their land and rights, which I have used extensively myself to help the community, now even that Act is riddled with changes and loopholes. We have to correct these. Isn’t the Constitution for people like us? Are we not the citizens of India? If we are, we should be granted our rights and granted justice,” says Barla adding that if Dalits and Adivasis don’t get protection and justice, how will this earth be calm?

With accounts of residents, activists and environmentalists, it is clear that Jharia – Jharkhand’s inferno district continues to burn even after promises by government to curb mining activities there. As residents tread on hot coals in reality, a fire rages in their hearts too – one that cannot be doused with false promises of a better future.

Brief background of how mining became open to private players

Pushing for privatisation, the Union government recently opened up the mining sector to private players to start commercial mining. On May 16, Finance Minister Nirmala Sitharaman put an end to the government’s monopoly in coal mining, stating during the fourth set of announcements regarding the Atmanirbhar Bharat Abhiyan that it will be done on a revenue-sharing mechanism. Now, any company could bid for a coal block and sell in the open market. There would be no eligibility of condition and only be upfront payment with a ceiling, she added. According to the government, the decision has been taken to reduce reliance on coal imports and improve local production. Nearly 50 coal blocks would be offered to private players immediately, Sitharaman had said.

The revenue sharing model is based on recommendations of an expert committee headed by former Central Vigilance Commissioner Pratyush Sinha. Economic Times reported a government official saying, “The firms will be selected based on the amount of revenue they agree to share with the government. The bank guarantees for the commercial coal blocks will be slightly higher than those auctioned for the captive mines to ensure participation of serious players.”

A press release from Coal India stated, “The Cabinet Committee on Economic Affairs, chaired by Prime Minister Shri Narendra Modi, has approved the methodology for auction of coal and lignite mines/blocks for sale of coal / lignite on revenue sharing basis and increasing the tenure of coking coal linkage. This methodology provides that bid parameter will be revenue share. The bidders would be required to bid for a percentage share of revenue payable to the Government. The floor price shall be 4% of the revenue share. Bids would be accepted in multiples of 0.5% of the revenue share till the percentage (%) of revenue share is up to 10% and thereafter bids would be accepted in multiples of 0.25% of the revenue share. There shall be no restriction on the sale and/or utilization of coal from the coal mine.”

It adds, “The methodology is oriented to make maximum coal available in the market at the earliest and it also enables adequate competition which will allow discovery of market prices for the blocks and faster development of coal blocks. Higher investment will create direct and indirect employment in coal bearing areas especially in mining sector and will have an impact on economic development of these regions.”

The press release also states that the revenue from the auction / allotment of coal mines would accrue to the coal bearing states and incentivise them with revenues to be utilised for the growth and development of backward areas and their inhabitants, including tribals. “States in Eastern part of the country will be especially benefited,” it read.

The announcement by the finance minister seems to have come as a big boost to companies like Hindalco, Jindal Steel Private Limited, Adani, Essel Mining, Sesa Goa, JSW Energy, Vedanta and to international giants like Rio Tinto, BHP Billiton, PeaBody and Glencore and Vale among a few, a report by The Hindu Business Line read.

As per Observer Research Foundation, the Centre expects coal demand of 1,250 mt in 2024, which can in no way be met by CIL alone, forcing the country to move to this market-driven approach. The Mineral Laws (Amendment) Ordinance 2020 promulgated by Union Cabinet proposed removal of the requirement to auction mines to companies ‘already engaged’ in coal mining in India. The ordinance opens up the coal sector completely for commercial coal mining for all local and global firms by clearing restrictions on end-use and prior experience in auctions. Last year, the government allowed 100 percent foreign direct investment in coal extraction amid surging imports and falling output at Coal India Limited.

Not just Jharkhand, Assam is burning too

Last month, the National Board of Wildlife (NBWL) had permitted Coal India Ltd. to carry out coal extraction in 98.59 hectares of the reserve, triggering opposition by the All Assam Students’ Union (AASU) apart from various other organizations and individuals.

The Dehing Patkai sanctuary, also called the Amazon of the East, is spread over an area of 111.19 sq. kms and is home to over 40 species of animals including elephants, several varieties of big cats, bears and the famous Assam Macaque, over 300 species of birds, more than 40 species of reptiles and 60 types of trees and over a 100 varieties of orchids.

General Secretary, Lurinjyoti Gogoi, AASU had told The Telegraph, “On April 7, there was a meeting of the NBWL chaired by Union minister of environment, forest and climate change Prakash Javedkar. In the meeting North Eastern Coal Field, a unit of Coal India Ltd, was allowed for open cast mining in 98.59 hectares in Dehing Patkai elephant reserve. This was in addition to the 57.20 hectares in Dehing Patkai where the CIL had carried out coal mining between 2003 and 2019. This move for coal extraction in Dehing Patkai cannot be accepted.”

Apart from this, the drilling and walkover work being carried out in the elephant corridor area by Oil India Limited (OIL) has also caused heavy disturbance in the area. Bijay Gogoi, President of Evergreen Foundation, NGO told NE Now, “The elephants of upper Dehing reserve under Jorajan area are facing problems due to the disturbances from OIL which has been carrying out some work in the area which has created problems for the elephants to cross the area. The man-elephant conflict in the area is the result of heavy-encroachment and deforestation in Dehing Patkai elephant reserve.”

Related:

All Assam Students’ Union protests coal mining in Dehing Patkai forest
Scientists urge citizens to write to demand rejection of forest clearance in Dibang Valley

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Veteran social activist and Lokshakti Abhiyan president Prafulla Samantara has written to the Odisha Chief Minister requesting him to suspend mining and industrial activity in tribal areas to protect tribals from the Covid-19 pandemic.

Samantara writes that thousands of tribal people and others working in the mining sector in Odisha are vulnerable to the Coronavirus given how they lack preventive or protective measures. The letter says, “In Keonjhar district, people of Joda and Badabil have been protesting to stop thousands of trucks transporting mineral ores. It is dangerous as the virus is transported from different states to tribal areas.”

The letter lists OMC, Tata, JSW, Vedanta etc. as the key players in the mining sector and pleads with the CM to “stop the open industrial and mining activities” and offer “economic package to all people there.”

Samantara also urges that health check-ups be conducted for every worker, as well as for villagers who live near the mines.

Odisha is rich in chrome, iron ore, coal, bauxite and manganese ore, and many of the mines are located in areas inhabited by tribal populations. According to ENVIS Centre of Odisha’s State of Environment, “Major industries in Orissa at the moment include an integrated steel plant at Rourkela, NALCO (National Aluminium Company Ltd.), Thermal power plants, Fertilizer plants, Pulp and paper industries, Ferro alloys plants, cement plants etc.”

The state can be divided into twelve industrially active zones / areas namely:

1.   Rajgangpur Area (Iron & Steel, Sponge Iron, Cement, Secondary steel. Melting and rolling mill & refractories and chemicals).

2.   Ib valley area (Thermal power, Sponge iron, refractories, and coal mines)

3.   Hirakud area (Aluminum & rolling mills)

4.   Talcher-Angul area (Thermal power, Aluminum, Coal washeries, Ferro alloys, Coal mines).

5.   Choudwar area (Ferro alloys, Thermal power, pulp and paper, coke oven)

6.   Balasore area (pulp and paper, ferro alloys, rubber industries)

7.   Chandikhol (stone crusher, coke oven)

8.   Duburi (Integrated steel, ferro alloys, rubber industries)

9.   Paradeep area (fertilizer, sea food processing, petroleum coke)

10. Khurda – Tapang area (stone crusher)

11. Joda – Barbil area (iron, sponge iron, ferro alloys, iron ore crusher, mineral processing).

12. Rayagada area (pulp and paper, ferro alloys).

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