AG to submit views on expanding Niyamgiri gram sabha scope soon

The Odisha tribal affairs department has consulted the state advocate general (AG) on the possibility of expanding purview of gram sabhas to decide the fate of bauxite excavation atop Niyamgiri hills.

The AG is likely to give his comments on the matter in a couple of days.

"The possibility of including more villages for gram sabhas to decide the fate of the proposed bauxite mining project is still under scrutiny. We are holding consultations with the AG whose views are expected in two days," said a senior government official.

The state government's decision to limit gram sabhas to only 12 villages on Niyamgiri hill slopes had drawn flak from the Union ministry of tribal affairs (MoTA).

MoTA held that limiting gram sabha proceedings to only 12 villages is not in accordance with the Supreme Court order dated April 18 and directions issued by the ministry under Section 12 of Forest Right Act (FRA).

"The list of villages where rights of forest dwellers are guaranteed under the FRA or where cultural and religious rights are likely to be affected cannot be arbitrarily decided by the state government. It is to be decided by the people (palli sabha) where claims would be filed through a transparent manner so that no genuine gram sabha which has a legitimate claim is left out of the process. This is in line with para 59 of the apex court judgement," Vibha Puri Das, secretary, MoTA, had written to the Odisha chief secretary recently.

The MoTA said it is in receipt of copies of several claims under FRA for various rights including religious and cultural rights claimed over Niyamgiri forests and sacred areas from villages over and above the 12 villages selected by the state government.

It shows that Niyamgiri forests are shared by not just 12 villages, many other villages in Kalahandi and Rayagada districts too share religious and cultural rights over Niyamgiri, the ministry held.

Referring to Para 53 and 54 of the Supreme Court (SC) judgement, the MoTA letter said, "Such observations cannot be interpreted to assess the number of villages that need to be considered for recognition and vesting of claims under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Right) Act-2006."

In its April 18 order, the Supreme Court had directed the state government to complete gram sabhas within three months to get the mandate of the local people regarding the mining project.

The judgment had also called for considering all claims on community, individual, cultural and religious rights of the local inhabitants.

The gram sabhas' views were to be communicated to the Union ministry of environment & forests (MoEF). The MoEF, after reviewing the gram sabhas' views, was to take a final decision in two months as per the apex court's direction.