Niyamgiri
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The Niyamgiri is a hill range situated in the districts of
Kalahandi Kalahandi district (Pron: Kaḷāhāṇḍi) is a district of Odisha in India. It was a princely state in British India and in post-independence period it merged with Odisha state in India as Kalahandi district comprising current Kalahandi d ...
and
Rayagada Rayagada is a municipality in Rayagada district in the Indian state of Odisha. It is the administrative headquarters of Rayagada district. History The city of Rayagada was founded by King Vishwanath Dev Gajapati (1527-1531 CE) of the Suryava ...
in the south-west of
Odisha Odisha (), formerly Orissa (List of renamed places in India, the official name until 2011), is a States and union territories of India, state located in East India, Eastern India. It is the List of states and union territories of India by ar ...
, India. These hills are home to Dongria Kondh
indigenous people There is no generally accepted definition of Indigenous peoples, although in the 21st century the focus has been on self-identification, cultural difference from other groups in a state, a special relationship with their traditional territ ...
. The hills have one of India's most pristine forests in the interior. It is bound by Karlapat Wildlife Sanctuary on the north-west side and Kotgarh Wildlife Sanctuary on the north-east end. The Environment and Forest ministry of Government of India scrapped a forest clearance given to a mining firm,
Vedanta Resources Vedanta Resources Limited is a diversified mining company headquartered in London, United Kingdom. It is the largest mining and non-ferrous metals company in India and has mining operations in Australia and Zambia and oil and gas operations in ...
, to mine
bauxite Bauxite () is a sedimentary rock with a relatively high aluminium content. It is the world's main source of aluminium and gallium. Bauxite consists mostly of the aluminium minerals gibbsite (), boehmite (γ-AlO(OH)), and diaspore (α-AlO(OH) ...
in the area and the mining project was scrapped. In 2013, the Supreme Court of India asked the tribal people to take the decision, in which BMP was rejected in all village council meetings.


Timeline of Vedanta mining controversy

* 7 June 2003 -
Vedanta Resources Vedanta Resources Limited is a diversified mining company headquartered in London, United Kingdom. It is the largest mining and non-ferrous metals company in India and has mining operations in Australia and Zambia and oil and gas operations in ...
enters into Memorandum of understanding with
Government of Odisha The Government of Odisha and its Districts of Odisha, 30 districts consists of an executive branch, executive, led by the List of Governors of Odisha, Governor of Odisha, a judiciary, and a legislative branch. Like other states in India, the ...
for setting up of 1 MTPA aluminium refinery and
Coal-fired power station A coal-fired power station or coal power plant is a thermal power station which burns coal to generate electricity. Worldwide there are about 2,500 coal-fired power stations, on average capable of generating a gigawatt each. They generate ...
in
Kalahandi district Kalahandi district (Pron: Kaḷāhāṇḍi) is a district of Odisha in India. It was a princely state in British India and in post-independence period it merged with Odisha state in India as Kalahandi district comprising current Kalahandi d ...
. The
Bauxite Bauxite () is a sedimentary rock with a relatively high aluminium content. It is the world's main source of aluminium and gallium. Bauxite consists mostly of the aluminium minerals gibbsite (), boehmite (γ-AlO(OH)), and diaspore (α-AlO(OH) ...
for refinery was decided to be mined from Niyamgiri mountain. * March 2004 -
Vedanta Limited Vedanta Limited is an Indian multinational mining company headquartered in Mumbai, with its main operations in iron ore, gold and aluminium mines in Goa, Karnataka, Rajasthan and Odisha. History Sterlite Industries Vedanta (then called Sterlit ...
applies for the
Ministry of Environment, Forest and Climate Change The Ministry of Environment, Forest and Climate Change (MoEFCC) is an Government of India, Indian government Ministry (government department), ministry. The ministry Portfolio (government), portfolio is currently held by Bhupender Yadav, Union ...
clearance. * September 2004 -
Vedanta ''Vedanta'' (; , ), also known as ''Uttara Mīmāṃsā'', is one of the six orthodox (Āstika and nāstika, ''āstika'') traditions of Hindu philosophy and textual exegesis. The word ''Vedanta'' means 'conclusion of the Vedas', and encompa ...
gets MOEF clearance. * 21 September 2005 - Central Empowered Committee headed by MK Jiwarajka IFS gives report before
Supreme Court of India The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also ...
that the MOEF clearance violates Forest Conservation Act, 1980 and Environment Protection Act, 1986. * 23 November 2007 -
Supreme Court of India The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also ...
denies permission to mine
Bauxite Bauxite () is a sedimentary rock with a relatively high aluminium content. It is the world's main source of aluminium and gallium. Bauxite consists mostly of the aluminium minerals gibbsite (), boehmite (γ-AlO(OH)), and diaspore (α-AlO(OH) ...
from Niyamgiri unless
Vedanta Limited Vedanta Limited is an Indian multinational mining company headquartered in Mumbai, with its main operations in iron ore, gold and aluminium mines in Goa, Karnataka, Rajasthan and Odisha. History Sterlite Industries Vedanta (then called Sterlit ...
meets conditions. * 8 August 2008 -
Supreme Court of India The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also ...
gives Stage - II clearance for mining in Niyamgiri by over ruling CEC reports of 2005 and 2007. * 2008 - 2009 - Protests by tribals in
Bhubaneswar Bhubaneswar () is the capital and the largest city of the States and territories of India, Indian state of Odisha. It is located in the Khordha district. The suburban region, especially the old town, was historically often depicted as ''Chakra ...
and
Kalahandi Kalahandi district (Pron: Kaḷāhāṇḍi) is a district of Odisha in India. It was a princely state in British India and in post-independence period it merged with Odisha state in India as Kalahandi district comprising current Kalahandi d ...
against mining by
Vedanta Resources Vedanta Resources Limited is a diversified mining company headquartered in London, United Kingdom. It is the largest mining and non-ferrous metals company in India and has mining operations in Australia and Zambia and oil and gas operations in ...
. * 2010 -
Church of England The Church of England (C of E) is the State religion#State churches, established List of Christian denominations, Christian church in England and the Crown Dependencies. It is the mother church of the Anglicanism, Anglican Christian tradition, ...
,
Government Pension Fund of Norway The Government Pension Fund of Norway () is the sovereign wealth fund collective owned by the government of Norway. It consists of two entirely separate sovereign wealth funds: the Government Pension Fund Global (or Norges Bank Investment Mana ...
and various other prominent investors withdraw their funds from
Vedanta ''Vedanta'' (; , ), also known as ''Uttara Mīmāṃsā'', is one of the six orthodox (Āstika and nāstika, ''āstika'') traditions of Hindu philosophy and textual exegesis. The word ''Vedanta'' means 'conclusion of the Vedas', and encompa ...
. * 16 August 2010 - A four member expert committee headed by N. C. Saxena submits a report that suggests that mining in Niyamgiri violates Forest Rights Act, 2006 and will jeopardize the existence of
Particularly vulnerable tribal group A particularly vulnerable tribal group or PVTG (previously known as a primitive tribal group), in the context of India, is a sub-classification of Scheduled Tribe or section of a Scheduled Tribe, that is considered more vulnerable than a regular ...
s * July 2011 - MOEF revokes its license for mining at Niyam Dongar. * 18 April 2013 -
Supreme Court of India The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also ...
orders for an Environmental Referendum among
Particularly vulnerable tribal group A particularly vulnerable tribal group or PVTG (previously known as a primitive tribal group), in the context of India, is a sub-classification of Scheduled Tribe or section of a Scheduled Tribe, that is considered more vulnerable than a regular ...
s in Niyamgiri through Gram panchayat to decide on mining. This is a Landmark verdict called '' Odisha Mining Corporation'' ''vs
Ministry of Environment, Forest and Climate Change The Ministry of Environment, Forest and Climate Change (MoEFCC) is an Government of India, Indian government Ministry (government department), ministry. The ministry Portfolio (government), portfolio is currently held by Bhupender Yadav, Union ...
case'' in which court upheld principles of
Panchayats (Extension to Scheduled Areas) Act, 1996 The Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 abbreviated as PESA Act is a law enacted by the Government of India for ensuring self governance through traditional Gram Sabhas for people living in the Scheduled Area ...
and
Free, prior and informed consent Free, prior and informed consent (FPIC) is aimed to establish bottom-up participation and consultation of an indigenous population prior to the beginning of development on ancestral land or using resources in an indigenous population's territory. I ...
. * July - August 2013 - More than 112 ''Palli Sabhas'' of 12 villages unanimously rejects mining by
Vedanta Resources Vedanta Resources Limited is a diversified mining company headquartered in London, United Kingdom. It is the largest mining and non-ferrous metals company in India and has mining operations in Australia and Zambia and oil and gas operations in ...
in Niyam Dongar sacred mountain. * January 2014 - MOEF issues complete ban on mining at Niyamgiri however
Aluminium Aluminium (or aluminum in North American English) is a chemical element; it has chemical symbol, symbol Al and atomic number 13. It has a density lower than that of other common metals, about one-third that of steel. Aluminium has ...
refinery at Lanjigarh was allowed to operate.


Forest Rights Act controversy

The issue of controversy over the VEDANTA mining lease on the upper reaches of the Niyamgiri hills in Orissa was examined by an official committee headed by Dr N C Saxena, formerly Secretary (Planning Commission). Here are some excerpts: ''“ The VEDANTA site, the forested slopes of the Niyamgiri hills and the many streams that flow through them, provide the means of living for Dongaria Kondh and Kutia Kondh tribes, classified as ‘Primitive Tribal Groups’ that are eligible for special protection. The Niyamgiri massif is important for its rich biodiversity. It also plays the critical role of linking a whole series of forests and wildlife sanctuaries. The two Kondh communities regard the Niyamgiri hills as sacred and believe that their survival is dependent on the integrity of its ecosystem. The VEDANTA site is amongst the highest points in the hills and it is considered especially important as a sacred site. The proposed mining lease (VEDANTA) area is clearly the Community Forest Resource area as well as the habitat of the two Primitive Tribal Groups and their villages, as defined in the
Forest Rights Act The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, is a key piece of forest legislation passed in India on 18 December 2006. It has also been called the Forest Rights Act, the Tribal Rights Act, ...
. Mining, if permitted, will directly affect almost 20 per cent of the world population of the Dongaria Kondh community. The mining operations will destroy significant tracts of forest lands. Since the Kondh are heavily dependent on forest produce for their livelihood, this forest cover loss will cause a significant decline in their economic well-being.Mining operations of the intensity proposed in this project spread over more than 7 square km would severely disturb this important wildlife habitat and inflict severe ecological damage. Several perennial springs flow from below the top plateau, which is a part of the proposed mining lease site. VEDANTA area is one of the main sources of Vamsadhara river which would make mining on this plateau a hydrological disaster. '' ''These Kondh villages have been vested with recognizable community and habitat rights by GoI under section 4(1) of the TFRA, and the procedure laid down in section 6 of the TFRA must be followed by the district authorities. These rights should have been formalized as soon as the Act came into being on 1 January 2008. As per the Preamble of the FR Act, forest dwellers are ‘integral to the very survival and sustainability of the forest ecosystem’. Therefore, in law, forests now include forest dwellers and are not limited to trees and wildlife. Since the MoEF is charged with the responsibility of implementing the Forest Conservation Act, it has to ensure that both forests and forest dwellers are protected. Section 5 of the TFRA has authorized the Gram Sabhas to ensure that their habitat is preserved from any form of destructive practices affecting their cultural and natural heritage. MoEF, as the authority under the Forest Conservation Act, cannot override the statutory authority under the Forest Rights Act, viz. the Gram Sabhas. '' ''From the meeting with the senior officers and the Chief Secretary, it was apparent that the district administration has been reluctant to act fairly and firmly under section 6 of the Act to formalize the rights of Kondh over the VEDANTA area, as the state government has already decided to transfer the said land for mining. '' ''Despite the reluctance of the district administration and state government, several Gram Sabhas have passed resolutions claiming community and habitat rights over the VEDANTA area and forwarded the same to the SDLC, as provided in section 6(1) of TFRA. From the evidence collected by the Committee, we conclude that the Orissa government is not likely to implement the FR Act in a fair and impartial manner as far as the VEDANTA area is concerned. It has gone to the extent of forwarding false certificates and may do so again in future. The VEDANTA Company has consistently violated the Forest Conservation Act, Forest Rights Act, Environmental Protection Act and the Orrisa Forest Act in active collusion with the state officials. Perhaps the most blatant example of it is their act of illegally enclosing and occupying at least 26.123 ha of Village Forest Lands within its refinery depriving tribal, dalits and other rural poor of their rights.”''


See also

* Plachimada Coca-Cola struggle *
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References

{{Coord, 19, 35, N, 83, 24, E, display=title, type:landmark_region:IN-OR_dim:30000 Hills of Odisha