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On Tuesday, July 9, 2013 9:24:56 PM UTC+5:30, awajdotribals wrote: > > > Court directs gram sabhas to take a call on Vedanta’s mining project > Government Job > Vacancies<http://www.googleadservices.com/pagead/aclk?sa=L&ai=CQ0a71CvcUeiFEIzEkAWK44H4CtzikugD_KbJqyawhdWCARABIL2DvxNQnbLnlAZg5ermg7wOoAGaoof0A8gBAakC8RHwg4HOUT6oAwGqBNoBT9BpvYhN0TbsC9rSDSQT5qSR7IExtdPsxFRc8msrN6oQXTZavJxhO3PmTwifg1WsCvUmm4qTbo46bAKF2W-xNsPiU4ccY1H6ZCEiNUfeo-xKuG3q5lHJ0UGcE5ouxac6jm03FKpwPL5_Q2OsTEPx9QqrQOpei8FGI7CJEjr76X7eJHbBjIcSIK975RIgZamXiZfpKU41xboT9gZSyjXp3uV31fNMJKajSfa3ok3HXym7ic7S7wfNoHmhxnk1wkKKVnSZEkzIpCr6sg2bg-JH7cNpAkdBNgg4dVWIBgGAB87d-As&num=1&cid=5Ggg5x9dcsrbHK7iQFofv1Ps&sig=AOD64_00q54mVuYOpy_qxZED7tGeTFEOAQ&client=ca-hindu_site_html&adurl=http://www.quikr.com/government-jobs-Jobs/government-jobs/z93> > - Find 1000's of Jobs in your City. Connect with Employers. Apply Now! > Quikr.com/Government-Jobs<http://www.googleadservices.com/pagead/aclk?sa=L&ai=CQ0a71CvcUeiFEIzEkAWK44H4CtzikugD_KbJqyawhdWCARABIL2DvxNQnbLnlAZg5ermg7wOoAGaoof0A8gBAakC8RHwg4HOUT6oAwGqBNoBT9BpvYhN0TbsC9rSDSQT5qSR7IExtdPsxFRc8msrN6oQXTZavJxhO3PmTwifg1WsCvUmm4qTbo46bAKF2W-xNsPiU4ccY1H6ZCEiNUfeo-xKuG3q5lHJ0UGcE5ouxac6jm03FKpwPL5_Q2OsTEPx9QqrQOpei8FGI7CJEjr76X7eJHbBjIcSIK975RIgZamXiZfpKU41xboT9gZSyjXp3uV31fNMJKajSfa3ok3HXym7ic7S7wfNoHmhxnk1wkKKVnSZEkzIpCr6sg2bg-JH7cNpAkdBNgg4dVWIBgGAB87d-As&num=1&cid=5Ggg5x9dcsrbHK7iQFofv1Ps&sig=AOD64_00q54mVuYOpy_qxZED7tGeTFEOAQ&client=ca-hindu_site_html&adurl=http://www.quikr.com/government-jobs-Jobs/government-jobs/z93> > Ads by > Google<http://www.google.com/url?ct=abg&q=https://www.google.com/adsense/support/bin/request.py%3Fcontact%3Dabg_afc%26url%3Dhttp://www.thehindu.com/news/national/other-states/court-directs-gram-sabhas-to-take-a-call-on-vedantas-mining-project/article4629659.ece%26gl%3DIN%26hl%3Den%26client%3Dca-hindu_site_html%26hideleadgen%3D1%26ai0%3DCQ0a71CvcUeiFEIzEkAWK44H4CtzikugD_KbJqyawhdWCARABIL2DvxNQnbLnlAZg5ermg7wOoAGaoof0A8gBAakC8RHwg4HOUT6oAwGqBNoBT9BpvYhN0TbsC9rSDSQT5qSR7IExtdPsxFRc8msrN6oQXTZavJxhO3PmTwifg1WsCvUmm4qTbo46bAKF2W-xNsPiU4ccY1H6ZCEiNUfeo-xKuG3q5lHJ0UGcE5ouxac6jm03FKpwPL5_Q2OsTEPx9QqrQOpei8FGI7CJEjr76X7eJHbBjIcSIK975RIgZamXiZfpKU41xboT9gZSyjXp3uV31fNMJKajSfa3ok3HXym7ic7S7wfNoHmhxnk1wkKKVnSZEkzIpCr6sg2bg-JH7cNpAkdBNgg4dVWIBgGAB87d-As&usg=AFQjCNEcdOaIy7WDsJT99Y2TBnpWJIWO0A> > PRISCILLA JEBARAJ > SHARE · > COMMENT<http://www.thehindu.com/news/national/other-states/court-directs-gram-sabhas-to-take-a-call-on-vedantas-mining-project/article4629659.ece#comments> > · > PRINT<http://www.thehindu.com/news/national/other-states/court-directs-gram-sabhas-to-take-a-call-on-vedantas-mining-project/article4629659.ece?css=print> > · > T+<http://www.thehindu.com/news/national/other-states/court-directs-gram-sabhas-to-take-a-call-on-vedantas-mining-project/article4629659.ece#> > > [image: File photo of members of the Orissa Dongaria Kondh tribe > conducting a protest against the Vedanta project before the State > Secretariat in Bhubaneswar. After the government rejected the proposal to > start mining activities in Orissa, Vedanta has said it will look for > alternate sites.] > The HinduFile photo of members of the Orissa Dongaria Kondh tribe > conducting a protest against the Vedanta project before the State > Secretariat in Bhubaneswar. After the government rejected the proposal to > start mining activities in Orissa, Vedanta has said it will look for > alternate sites. > TOPICS > India <http://www.thehindu.com/topics/?categoryId=81> > Orissa<http://www.thehindu.com/topics/?categoryId=178> > company information <http://www.thehindu.com/topics/?categoryId=702> plant > opening <http://www.thehindu.com/topics/?categoryId=744> > metal and mineral <http://www.thehindu.com/topics/?categoryId=897> > mining<http://www.thehindu.com/topics/?categoryId=901> > With international activists and Congress leader Rahul Gandhi highlighting > the rights of the Dongria Kondhs, the case had taken on a high-profile > dimension. > > In a landmark judgment, the Supreme Court on Thursday directed the > smallest units of local governance to use their powers and take a decision > on whether the Vedanta group’s $1.7 billion bauxite mining project in > Odisha’s Niyamgiri Hills can go forward or not. > > Affirming the decision-making power of the village councils of Rayagada > and Kalahandi under the Forest Rights Act (FRA), the court directed these > gram sabhas to “take a decision...within three months” on any claims of > cultural, religious, community and individual rights that the forest > dwellers of the region may have. > > “We are, therefore, of the view that the question whether STs [Scheduled > Tribes] and other TFDs [traditional forest dwellers], like Dongria Kondh, > Kutia Kandha and others, have got any religious rights i.e. rights of > worship over the Niyamgiri hills, known as Nimagiri, near Hundaljali, which > is the hill top known as Niyam-Raja, have to be considered by the Gram > Sabha,” said a three-member Bench in its order. “Gram Sabha can also > examine whether the proposed mining area Niyama Danger, 10 km away from the > peak, would in any way affect the abode of Niyam-Raja. Needless to say, if > the BMP [bauxite mining project], in any way, affects their religious > rights...that right has to be preserved and protected. We find that this > aspect of the matter has not been placed before the Gram Sabha for their > active consideration.” > > *MoEF given two months to decide* > > Once the gram sabhas have made their decision, the court gave the Ministry > of Environment and Forests (MoEF) a further two months to take a final > decision on granting a forest clearance for the bauxite mining project > being run as a joint venture between a State-owned mining corporation and > the U.K.-based Vedanta’s Indian arm. The Vedanta Group declined to make any > comment on the ruling. > > The Bench gave its ruling on a petition which challenged the MoEF’s 2010 > decision to cancel the bauxite mining project’s forest clearance — on the > grounds that environment and forest laws had been violated, as well as the > rights of primitive tribal groups such as the Dongria Kondh. With > international activists and Congress leader Rahul Gandhi highlighting the > rights of the Dongria Kondhs, the case had taken on a high-profile > dimension. > > *A victory for* > > *Dongria Kondhs* > > Jubilant tribal activists are also treating the verdict not just as a > victory for the Dongria Kondhs against Vedanta, but as a validation of the > gram sabha’s powers under the FRA. “The court’s construction of the FRA > says that the gram sabha can decide on rights, that decision is final, and > the gram sabha has the power to decide on protecting forests and natural > heritage,” says Shankar Gopalakrishnan from the Campaign for Survival and > Dignity. > > “In particular, by sending the matter back to the gram sabha because a key > matter has ‘not been placed before it for its active consideration’ the > court is treating the gram sabha as a statutory, legal authority at the > same rank as, say, the forest advisory committee or MoEF.” > > The Bench also made it clear that the FRA “protects a wide range of rights > of forest dwellers and STs including the customary rights to use forest > land as a community forest resource and not restricted merely to property > rights or to areas of habitation.” > > Mr. Gopalakrishnan argued that “this construction of the FRA is now > binding on every High Court and every Supreme Court Bench of less than > three judges, as well as on the government.” It could also throw a shadow > on recent guidelines drafted by the Prime Minister’s office, which seemed > to hold that, under the FRA, gram sabha consent was not mandatory, and that > its input was only required in some cases because forest dwellers should be > treated “humanely” and to ensure public “consultation.” > -- ----------------------------------------------------------------------- This mail is sent you by AYUSHgoogle group AYUSH | adivasi yuva shakti | www.adiyuva.in We are online group of youth who want to take initiative for awareness about Tribal empowerement & Developement, Let us do it together Our Online contact points : Google us as "adiyuva" Home Page : www.adiyuva.in Join AYUSH : www.join.adiyuva.in Let us do it together : www.do.adiyuva.in Warli Art | India's Global Art, Proudly Tribal Art : www.warli.in Tribal Tourism : www.tourism.adiyuva.in Face book profile : www.facebook.com/adiyuva Face book page :www.facebook.com/adiyuva1 You Tube : http://youtube.com/adiyuva twitter : http://twitter.com/adiyuva Linked In : www.linkedin.com/in/adiyuva --- You received this message because you are subscribed to the Google Groups "AYUSH | adivasi yuva shakti" group. 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