[Reader-list] Statement of Concern on Niyamgiri issue for endorsement

[Asit asitreds]

Dear Friends,

Please endorse the statement and if possible please forward it to other
concerned organisations and individuals.

With Regards

Asit



*STATEMENT OF CONCERN ON NIYAMGIRI*



We the undersigned are deeply concerned over the recent order of the Supreme
Court in T.N. Godavaraman Thirumulpad vs. Union of India and Others in the
matter of M/s Sterlite Industries (India) Ltd. This Order will pave the way
for forcible displacement of thousands of *adivasis *for the mining of
bauxite by Sterlite Industries Ltd., a frontal company of the notorious
Vedanta Alimunium Industries, which is already tainted with its corporate
malpractices.



We note with deep anxiety that most of the inhabitants here are Dongria
Kondhs who are classified as Primitive Tribes (which itself is a colonial
construct) who know no other way of life hence need to be dealt with due
sensitivity and precaution and who will be uprooted and marginalized once
they are removed from their natural habitat. Today, where the UN bodies, all
the governments, international and national civil societies including the
progressive and democratic organisations world over are worried and
deliberating on global warming and the impending ecological disaster and
death of the planet. The issue raised by this judgement has become of
crucial importance. The Dongria Kondhs who live a harmonious and symbiotic
relationship with their environment show the way to mankind on how to lead a
sustainable, meaningful and egalitarian life.



It is also to be noted that the present order of the Supreme Court
contradicts the 89th Amendment of the Constitution which clearly stipulates
that no industry, mines or townships or any other construction activity can
be undertaken without the consent of the Gram Sabhas of *adivasis *residing
in the areas demarcated under the Fifth Schedule of the Constitution.



This order will also nullify the implementation of the recently passed *Forest
Rights Act*, under which the *adivasis *tilling forestland should get the
ownership of the land they have been tilling since years.



We are also deeply concerned that mining in Niyamgiri area will seriously
upset the ecological equilibrium; this area is very rich in bio diversity
including rare flora and fauna and many species of rare medicinal herbs.
Niyamgiri hills are also the source of important rivers like Nagavali,
Vansdhara, which caters to the need of many districts in Orissa including
the southern coastal districts. The mining in that area will contravene the
provisions of the Environmental Protection Act 1986 because it will
seriously violate the letter and spirit of the Act.



We urge the political parties especially the three most important pillars of
our democracy i.e. the Executive, Judiciary and the Legislature to take
cognisance of the aspirations of innumerable anti-displacement movements and
progressive and democratic organisations in the country and scrap the
draconian and colonial land acquisition act of 1894. Thus we call upon the
Supreme Court, Government of India and Orissa to reconsider the case of
mining in the Niyamgiri Hills and rescind the permission given to Sterlite
Industries for mining in Niyamgiri.



Professor Arun Kumar   Centre for Study of Economic and Social Planning,
School of Social Science, JNU

Vijay Pratap                     Convenor, Lokayan

Babulal Sharma             Convenor, Global Gandhi Forum

Rakesh Bhatt                 Coordinator, SADED/CSDS

Faisal Khan                    Asha Parivar, NAPM, New Delhi

Anil Thakur                      Vasudhaiva Kutumbakam, New Delhi

Chandrasekhar Hota     Research Scholar, Centre for Political Studies,
School of Social Science, JNU

Jeet Bhattacharya         Research Scholar, Film Studies, School of Art and
Aesthetics, JNU

Peeyush Pant                Editor, Lok Samvad, New Delhi

Sayantoni Datta             SADED/CSDS

Asit                                  Social Activist-Researcher, New Delhi

Kumar Sameer             Social Activist, New Delhi