Tribal people seek cancellation of e-tender notification issued for calcite mining

The Hindu | June 01, 2021
‘No resolution was passed on the issue in grama sabha’
The tribal people of Nimmalapadu, Karakavalasa and Rallagaruvu villages of Anantagiri mandal in the district have appealed the to the Vice-Chairman and Managing Director of AP Mineral Development Corporation (APMDC) to cancel the e-tender notification for calcite mining at Nimmalapadu issued by the APMDC without a resolution by the ‘gram sabha.’

Referring to the e-tender notification issued by the APMDC in a Telugu daily on May 19, 2021, they noted in a memorandum to the VC and MD, that they had been cultivating lands for the past several years on the land proposed to be mined for calcite. They recalled that they had opposed the calcite mining proposal by Birla company in the past by approaching the Supreme Court and sought protection of their lands under the Samata Judgment.

The Samata Judgment clearly states that the right of local resources is vested with the ‘gram sabha’ under the the Panchayats (Extension to Scheduled Areas) Act (PESA Act). Any business done in the Agency areas, should have prior approval of the ‘gram sabha’, failing which it would be considered a violation of the Constitution. As calcite is a mineral, mining should invariably have the approval of the ‘gram sabha.’

They noted that neither a ‘gram sabha’ was held on the issue nor a resolution passed in this regard. The Fifth Schedule of the Constitution says that tribal people alone would have the right over local resources. When that was the case, they wondered as to how the APMDC could issue the e-tender notification that too during the COVID-19 crisis and the curfew imposed by the government.

I am not in race for CM post: Nirani

The Hindu | May 29, 2021

He says his focus will be on all-round development of Kalaburagi district in the next 30 years Dismissing media reports, Mines and Geology Minister Murugesh Nirani on Saturday made it clear that he was not an aspirant for the post of Chief Minister.

“I am not in the race. It is speculation by a section of media. I have not visited Bengaluru for the last few days. I am completely engaged in COVID-19 containment activities in Bilagi and Kalaburagi and it is my priority. B.S. Yediyurappa is our leader and the government would work under him,” Mr. Nirani told mediapersons at a press conference in Kalaburagi.

Mission 2020-2050
After chairing a meeting of legislators and district-level officers from Kalaburagi district, Mr. Nirani, who is also the in-charge Minister for Kalaburagi, announced that the administration would come up with Kalaburagi Mission 2020-2050 to fundamentally transform the district which had been one of the backward districts in the State as per Dr. D.M. Nanjundappa panel.

“The Mission envisages all-round development of the district in the next 30 years. Agriculture, industry, irrigation, education, health and other core areas would be focused on. The mission would be implemented in three phases each having 10-year duration,” he said adding that he would spend a whole day with intellectuals and subject experts in the district discussing the initiative and taking their suggestions.

On the poor ranking of Kalaburagi in SSLC results, Mr. Nirani said the Deputy Directors of Public Instruction under whose tenure the districts bagged the first rank in the SSLC results would be summoned to Kalaburagi and asked to share their efforts and experiences with their counterpart in Kalaburagi.

On the State’s financial condition to handle COVID-19, Mr. Nirani said that there was no dearth of funds. “At present COVID-19 cases in the district are on the decline. 170 of the 404 beds in GIMS [Gulbarga Institute of Medical Sciences] are vacant. The demand for oxygen and Remdesivir has also fallen. Taking up vaccination on a massive scale is our next priority. There is no dearth of funds for handling COVID-19. Kalaburagi has ₹175 crore of the District Mineral Foundation funds and the Chief Minister has permitted to use 33% of it for COVID-19 containment activities. Besides, we have ₹50 crore Disaster Management Funds. We are renovating the ESIC Hospital at Shahabad which remained unused for the last 20 years. We are spending ₹12 crore for it,” Mr. Nirani said.

Administrator’s laws put Lakshadweep in the middle of nowhere

The Federal | May 26, 2021

Take a close look at what he has proposed in the name of development – a larger picture being communally polarized in a small tribal territory

Lakshadweep’s new Administrator Praful Khoda Patel’s draft proposals have drawn huge public outcry with many criticizing them as a product of a communal agenda against the majority Muslim population in the island with an intention to tarnish their culture and tradition. A reading of the proposed laws brings out a larger picture that has multiple objectives aimed at creating polarisation in the guise of development.

Here are the proposed laws in chronological order:

The Goonda Act (January 28, 2021): The draft law named as a The Lakshadweep Prevention of Anti-social Activities Prevention 2021 which is colloquially known as ‘Goonda Act’ provides arbitrary powers to the Administrator of the island. It empowers the police to detain a person for seven days without giving him the opportunity to represent before a court of law.

“It is meant to terrorize people and prevent protests. Goonda Act is the beginning of their saffronisation project in the island,” says Mohammad Faizal, MP from Lakshadweep, while talking to The Federal. He alleged the Administrator was trying to impose authoritarian rule in the island.

Under this law, several offences under IPC which are bailable and those amounting to punishment of less than three years are included. The law empowers the police to keep any person in detention even if there is an apprehension that he may commit an offence causing harm to public interest.

As per this proposed law, a “cruel person” and a “dangerous person” can be taken into custody on the grounds which appear satisfactory to the authority under the Administrator. Section 2 of the draft law defines “cruel person” as one who violates or intends to violate the ‘Prevention of Cruelty to Animals Act of 1960’.

A dangerous person is defined as one who commits a range of offences such as theft, unlawful assembly, mischief, criminal intimidation, breach of trust, criminal trespass and misconduct by a drunken person in public. In addition, the proposed Goonda Act creates a new category of offence as ‘property grabber’. Section 2(O) of the draft law defines ‘property grabber’ as one who illegally takes possession of land belonging to the government or local authorities.

Several of these offences listed in the draft law are bailable; even non-cognizable which attract punishment for less than three years or six months or fine. The offences like ‘unlawful assembly’ are often used against protesters who gather for any social or political cause.

Under the proposed ‘Goonda Act’ any person can be detained even before committing any offence on the grounds that there was reasonable apprehension of his committing any of the offences. The person can be kept in custody without even being informed the reasons for his arrest for seven days.

Lakshadweep Town & Country Planning Regulation 2021 (April 28, 2021): The law proposes formation of a development authority which is to be empowered to notify any area of land classifying into any of the four categories as ‘residential, commercial, agricultural and industrial’.

In the guise of development, the authority is empowered to acquire any land notified under the Land Acquisition Act of 2013. Under this law, the government is entitled to declare any land as planning area by notification.

According to Section 35 of the draft law, the people — owners of the notified land — have to seek approval of the town planning authority for any ‘change of use’ of the land. This includes even the alteration of houses in the exterior. The permission is granted only for three years which has to be renewed; failure or delay in renewal will lead to a fine of up to ₹ 2 lakh (section 37). “This literally takes away one’s right over one’s land,” says Advocate Rohit, a lawyer at the Kerala High Court who handles law suits in Lakshadweep as well.

Rohit argues that the new law is brought to overrule the land rights entitled to the tribal community in Lakshadweep by the Land Revenue and Tenancy Regulation Act of 1965 pertaining to Lakshadweep and Minicoy islands. (Only revenue land can be used for any development activity by the government according to this Act).

“Lakshadweep, a tribal majority Union Territory with a 94.8 per cent tribal population should enjoy protection under Article 244 of the Constitution as it is notified as a scheduled area under the Fifth Schedule and PESA Act of 1996,” says C.R. Bijoy, an expert on land rights.

Besides, the authority of town planning is vested in the local bodies according to 73rd Amendment of the Constitution.

Notification for the transfer of powers from the PRIs to the Administrator (May 5, 2021): Many say the notification has close links to the proposed law for creating an authority to have the powers to take over the land. The notification transfers the entire establishments of agriculture, fisheries, animal husbandry, health and education with immediate effect to the hands of the Administrator. The order explains that the transfer of powers to the PRIs in 2012 ‘had overburdened the PRIs which caused an adverse impact upon the efficiency of the execution of schemes’ which is cited as the reason for this current decision.

The proposed beef ban, omission of meat from the noon meal and the lifting of liquor ban in the name of tourism are widely criticized as provocative steps challenging their culture, tradition and religious practices.

The creation of a new category of offence as ‘property grabber’ and bringing the same under Gunda Act, the suppression of fundamental rights, the introduction of a law that empowers the authorities to acquire any land for development and the shifting of powers from the PRIs to the Administrator set the alarm bells ringing for the people of the island.

Children raise voice against MP govt to save Buxwaha forests

Web India 123 | May 27, 2021
Children in Madhya Pradesh have come forward to raise their voice against the proposal by the Bharatiya Janata Party (BJP) government to handover the forests of Buxwaha located in Chhatarpur district of Bundelkhand to a private company for mining diamonds.

Children have not only pointed out the impact of cutting down forests to the state government but have appealed to it not to cut them.

In the past Bundelkhand was vastly rich in terms of water and forests. Unfortunately, the area is no longer covered with greenery and has scarcity of water sources. This exploitation of the environment continues and now the last green cover left is being slowly plundered.

The Buxwaha forests have been given on lease for diamond excavation but protests have also started growing against it. This is probably the first time in Bundelkhand when public awareness to protect the environment is taking centrestage because the Covid-19 pandemic has made the people realise the importance of oxygen.

Oxygen is considered to be essential for the survival of Covid-infected patients which is emitted by trees.

To protect the forests of Buxwaha, people are raising their voices not only in Bundelkhand but in many parts of the country. The children which are the future of the country are also not far behind.

Several videos of children have gone viral on social media where they are trying to tell the government about the significance of trees for the people. Children have penned poems to save the Buxwaha forests and urged the government with folded hands to reconsider cutting down trees through these videos.

People of all classes and age groups have joined the campaign to save the Buxwaha forests and are trying to give the message that they will not allow forests to be cut.

On the one hand, the forest is an important part of the environment and on the other hand, it is also a means of livelihood for thousands of families living in villages in the Buxwaha area besides being the habitat of wildlife. There are rich water sources and these forests are revered in Indian culture so everyone is coming forward in the campaign to save the forests.

There is a huge stock of diamonds in the forests of Buxwaha with nearly 34.4 million carat diamonds believed to be buried here estimated to be worth several thousand crores of rupees.

The private company which has shown keen interest in taking up diamond mining has demanded nearly 382 hectare of land in the area. If this happens then 2.5 lakh trees in this area will be cut down.

Why no action against Vedanta directors, cops for Thoothukudi ‘massacre’?: NAPM

Counterview Desk | May 24, 2021
Recallig the third anniversary of Thoothukudi “massacre” in Tamil Nadu, in which 15 people were gunned down for resisting Vedanta’s Sterlite Copper Plant, India’s civil society network, National Alliance of People’s Movements (NAPM) has called for the ending corporate impunity by carrying forward the global campaign launched on May 14 by the Anti-Sterlite People’s Movement and other organisations.
In a statement, NAPM said, “While the protestors faced legal charges, no police officer has been charged and convicted till date under appropriate sections of the law, for the murders and injuries.” “Similarly”, it regretted, “Vedanta whose Sterlite Copper Plant was shut down due to fraudulent and unlicensed operation and expansion for over 20 years, gas leaks and pollution, still hasn’t been prosecuted for any of its crimes.”
Text:
National Alliance of People’s Movements remembers with anger and pain the 15 people of Thoothukudi, Tamil Nadu who were brutally killed by the armed police, this day in 2018, for peacefully protesting against Vedanta’s Sterlite Copper Plant. We reiterate our solidarity with people of Thoothukudi and communities across India, resisting Vedanta and other mega-corporates, who, with absolute state support, are on a ruthless and endless spree of exploitation of lands, resources and people’s rights. We commend the global campaign efforts from May 14 to 22 organized by Anti-Sterlite People’s Movement and various organisations to build support for the struggle.
The people’s struggle in Thoothukudi has been fought over decades, to challenge Vedanta’s impunity to pollute the villages for its own profits. The historic mass agitation on May 22, 2018, which was a culmination of 100 days of continuous protest, led to a lethal firing by the Tamil Nadu police.

The one-sided firing killed 15 people, including 17-year-old minor Snowlin, and left hundreds injured. Instead of dialoguing with the people protesting against the illegal and polluting operation of the Copper Smelter plant, the State government resorted to excessive and unjustifiable force and vilification of the movement.
The shootout itself was a culmination of the everyday violence that the multinational conglomerate unleashed on the locals for over two decades. The plant’s fraudulent and illegal operations and expansion since 1996 poisoned the air that the people breathe and the water they drink.

Farmers, salt pan workers, fisher people, small traders, concerned villagers were all part of the struggle in Thoothukudi and women who played a key role in keeping up the spirit of resistance, despite severe backlash are a symbol of hope in this country, which seems to have reached its pinnacle of corporate-state nexus.
While the shooting was widely condemned across the country, the legal machinery also came down on the protestors with police cases being registered against 71 people. Only after years, the cases, except those under investigation and those concerning destruction of public property, have been dropped by the newly elected Tam Nadu government.

While the protestors faced legal charges, no police officer has been charged and convicted till date under appropriate sections of the law, for the murders and injuries. Similarly, Vedanta whose Sterlite Copper Plant was shut down due to fraudulent and unlicensed operation and expansion for over 20 years, gas leaks and pollution still hasn’t been prosecuted for any of its crimes.
The Thoothukudi police killing was not ‘exceptional’, as the State and dominant sections of the society would want us to believe. This was the premeditated response of a neo-liberal state that sought to suppress the people’s struggles that were gaining momentum and solidarity by perpetrating cold-blooded violence without any regard for democracy and human rights; and with complete disregard for life itself.
We express our support to all demands of the people of Thoothukudi and call upon the Government of Tamil Nadu to immediately:
Ensure that all operations of Vedanta are permanently stopped in Thoothukudi.
Prosecute Vedanta and its directors for fraud and violation of environmental laws and human rights violations.
Identify and take action against police persons responsible for the May 22, 2018 massacre.
Withdraw all pending cases against Thoothukudi residents filed to cover up the state’s collusion with Vedanta and complicity in the violence.
We also urge the National Human Rights Commission to reopen the Thoothukudi enquiry, and make public its findings.
We seek a direction to the Justice Aruna Jagadeesan Committee to examine witnesses online to expedite finalisation of the enquiry into the Thoothukudi massacre.
The actions of police across the world, from Cali, Colombia to Bhopal and most recently, Silger, Chhattisgarh, show that within the existing state apparatus, the institution of police exists only to protect the status quo and do the biddings of the oligarchy.
Even as we pay homage to the departed lives and demand accountability of the State, we note that the struggle is a long-drawn one in Thoothukudi and elsewhere and are committed to extending all forms of solidarity to the communities for whom resistance against is an everyday act.

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