The Odisha government's decision to hold gram sabhas in only 12 villages of Niyamgiri hill slopes to decide the fate of bauxite excavation there, has drawn flak from the Union ministry of tribal affairs (MoTA).
In its latest missive to the state government, MoTA has said 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 wrote to Odisha chief secretary, B K Patnaik.
Para 59 of the apex court's judgement read, "The gram sabha is also free to consider all the community, individual as well as cultural and religious claims, over and above the claims which have already been received from Rayagada and Kalahandi districts. Any such fresh claims should be filed before the gram sabha within six weeks from the date of this judgement. The state government as well as MoTA, would assist the gram sabha for settling of individual as well as community claims." 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 further shows that Niyamgiri forests are shared by not just 12 villages and a number of other villages in Kalahandi and Rayagada too share religious and cultural rights over Niyamgiri.
