minerals & PEOPLE
which is member of mm&P national alliance had approached the supreme court
of India in 1995 and won the historical judgment popularly called the
“samata judgment” (AIR 1997, SC, 3297) in 1997 July.
Relevant portions of the Samata judgment in the present context are:-
In cases where the similar Acts in other States do not totally prohibit grant
of mining leases of the lands in the Scheduled Area, similar Committee of
Secretaries and State Cabinet sub-Committees should be constituted and
decision taken thereafter.
Before granting leases, it would be obligatory for the State Government to
obtain concurrence of the Central Government, which would, for this purpose,
constitute a sub- Committee consisting of the Prime Minister of India. Union
Minister for Welfare, Union Minister for Environment so that the State's
policy would be consistent with the policy of the nation as a whole.
It would also be open to the appropriate legislature, preferably after a
thorough debate/conference of all the Chief Ministers, Ministers holding the
concerned Ministry and the Prime Minister and the Central Ministers concerned,
to take a policy decision so as to bring about a suitable enactment in the
light of the guidelines laid down above so that there would emerge a
consistent scheme throughout the country, in respect of the tribal lands under
which national wealth in the form of minerals, is located.
would like to point out that recent reported decision of the cabinet sub
committee of the Orissa Government that the Samata judgment is not applicable
to Orissa is in contravention of the supreme court orders and therefore
from the above point the Orissa Government is consistently flouting its own
laws and regulation such as the Orissa schedule area transfer of immovable
property (by scheduled tribes amendment regulation 2000) Dt
government of Orissa has conveniently avoided the aspects favorable to the
tribal people in the Samata judgment and has tried to circumvent & subvert
the direction and spirit of the judgment by above strategy.
the Chief Minister proclaims that the Government is pro tribal & dalit, if
one observes all the recent
developments in Orissa state on the mining front and industrialisation it can
be clearly said that the state of Orissa is anti tribal and anti dalit and
therefore anti poor.
above point can be confirmed by the popular protests of the Dalits
and Adivasis of Orissa against rampant land
acquisition for mining and other industrialisation even at the cost of
innocent lives, disregarding all the laws of the land.
example the popular movements are : Against Bauxite mines in Lakimpur,
Kashipur & Langhigarah, Sponge Iron Factories
in Sundargarah, Iron ore in Keonjhar,
Chromite in Sukinda ,
Coal mines in Anugul Talcher,
Jarsuguda and many other major industries in the
pipe line which include the world largest and dirtiest mining multinational
like BHP-Billiton, Rio Tinto
Zinc, ALCAN, Vedanta/Sterlite.
point in question is how much of this so called development benefits the
people of Orissa and the state exchequer?
demand that the Government of Orissa come out with a white paper detailing the
projects and the benefits accrued to the state exchequer & also the
various violations of the laws of the land.
also demand that the state should not use force in such contexts of conflict
over natural resource’s and withdraw all the false cases foisted on the
innocent tribal people.
see a well planned conspiracy in all the above moves of the Orissa government
to justify its misdeeds by subverting the Samata judgment and the related V
scheduled laws and to usurp all the resources of the scheduled areas of Orissa.
all this proposed development the people who suffer are the Dalits
, Adivasis and the large Farming Community
of Orissa – Gross human rights abuses- violation of right to life,
livelihood with dignity.
Lok Shakti Abhiyan
Member – EC /mm&P
– High Court
Member – EC /mm&P
Member – mm&P