IIT Mumbai Samwad Friday, April 5, 2013 Page1 Science, Democracy and Ecology in India Madhav Gadgil, [email protected]Background note for interactive session with Samwad, IIT Mumbai, Friday, April 5, 2013 Contents Summary ........................................................................................................................ 2 Democratic culture of science......................................................................................... 5 Ecology as a holistic science .......................................................................................... 7 Dharma and abhaya ....................................................................................................... 7 Dismal science ............................................................................................................... 9 Myth and reality .............................................................................................................10 Rent seeking .................................................................................................................11 Rule of point one per cent..............................................................................................11 Development as freedom...............................................................................................12 Natural capital ...............................................................................................................12 Non-renewable resources ..........................................................................................13 Plachimada experience ..............................................................................................14 Polluters pay? No way! ..............................................................................................16 Human capital ...............................................................................................................19 Health and nutrition ....................................................................................................19
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Our information base on agricultural, horticultural, livestock and fishery production is
weak, that on employment in unorganized sector even weaker. For instance, fishing and shell-
fishing in the river Ganga is a major economic activity. Yet no proper information at all is
available on the fish and shell-fish yields, on the number of people employed, on the income
generated, or on the protein resources thus made available. In recent years sand mining has
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become a major activity over large tracts of Ganga. Yet there is absolutely no information being
collected on the extent of sand being mined, on the number of people employed in mining and
as a result going out of fishing, on the income generated in mining and as a result being
reduced in fishing, or on the protein resources being decimated through the impact of sand
mining. So all of this figures in no way in the GDP figures or the poverty statistics being touted
around.
A rare instance of a case where impacts of industrial activity on the capital of natural
resources and on the livelihoods of people has been looked at comes from Plachimada, a
Panchayat in Palakkad district of Kerala where a Coca Cola plant is located. The Coca Cola
plant has severely depleted ground water in the area, leading to drying up of wells, loss of
agricultural productivity and consequent negative impacts on livelihoods. Going against the spirit
of democracy and of science, the state level Governmental authorities are in favour of totally
ignoring all these issues, not collecting the relevant information and let the privileged economic
enterprises make unjustified profits – a classic example of rent-seeking. But Kerala has made
substantial advances in decentralized governance and the Plachimada Panchayat has stood its
ground, forced a proper scientific inquiry into the losses suffered by the Plachimada residents
and gone ahead and rescinded the license of this global soft drink major. While cancelling the
license, the panchayat evoked its constitutional rights (further empowered by state legislation).
As local elected government, it has argued, it has the duty to protect the well-being of its
subjects. So it has the right to cancel -- or refuse permission -- to anything that affects its
subjects adversely. The panchayat holds the soft drink plant responsible for depleting
groundwater in the area under its jurisdiction; this has affected local agriculture. The
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panchayat's reasoning is important: it establishes the crucial link between governance and
managing local natural resources. After all panchayats have been constituted precisely for this
reason. The company, on its side, contends that the panchayat is a subordinate of the state
government and thus cannot operate out of its domain. The state high court rejected this
argument and dismissed the company's writ petition. In the meantime, a state government
constituted Technical Expert Panel has estimated the economic loss suffered by the residents of
Plachimada at Rs. 2 billion and the state legislature has gone on to unanimously pass a bill
named “Plachimada Coca Cola Victims Relief and Compensation Claims Special Tribunal Bill
2011”. Kerala Governor forwarded the bill for Presidential assent on March 30, 2011. The
Ministry had, in turn, referred it to the Ministries of Law, Agriculture, Environment and Forests
and Water for comments on April 18, 2011 and that is the last that has been heard about it from
Delhi.
Polluters pay? No way!Polluters pay? No way!Polluters pay? No way!Polluters pay? No way!
Stiglitz and many other economists insist that polluters must pay for cleaning up pollution
and other related social costs fully to ensure healthy economic growth. In India today not only is
this principle being ignored, but the democracy too is being subverted in the process. A case in
point is that of Lote MIDC chemical industry hub in Chiplun taluka of Ratnagiri district in
Maharashtra. I had an opportunity to understand the situation in some detail in conjunction with
the work of the Western Ghats Ecology Expert Panel. During the WGEEP meeting with
Government of Maharashtra officials in Mumbai on 30th September, 2010, I enquired if there
were any on-going programmes of involving the people in environmental monitoring in
Ratnagiri-Sindhudurg districts. I was informed that this function was being performed by a
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Ratnagiri District Environment Committee chaired by the Ratnagiri District Collector, and
additionally there was a very active ‘Lote Abhyas Gat’ attached to Lote MIDC.
I immediately contacted Ratnagiri District Collector, as well as the Lote Abhyas Gat with
the help of Maharashtra State Pollution Control Board. On 5th October 2011 I had a meeting
with the Lote Abhyas Gat. During the meeting, it was reported that although the Abhyas Gat
was constituted in 2006, only two meetings had been held till that date, the last being in 2008.
Representatives from Kotavale, the worst hit village were not included in the Lote Abhyas Gat
despite their request. Shri Sachin Ambre, Upsabhapati, Khed Panchayat Samiti, and a
member of Lote Abhyas Gat insisted that the functioning of the Lote Abhyas Gat was
thoroughly unsatisfactory. The Abhyas Gat had prepared some norms on effluent discharge, but
these were not being followed. It is understood that many industries at Lote are pumping toxic
waste into ground water through bore wells. Apparently, three such cases were brought to light,
but there has been no action.
This Abhyas Gat meeting was followed by a field visit to Common Effluent Treatment
Plant and some surrounding areas, as well as visits to Dabhol creek and discussions with many
community members. It was revealed that the CETP cannot handle the quantity of effluent it is
receiving, and its functioning is highly defective. We saw large overflows of untreated effluent
from the plant going into streams serving Kotavale village. Since the situation was not being
brought under control, the Sarpanch of Kotavale attempted to commit suicide by drinking the
polluted stream water. He was rushed to Mumbai and saved, but there had been no abatement
of pollution affecting Kotavale. Also, in 2000 around 30 School children near Lote MIDC became
unconscious due to inhalation of poisonous gases. The company involved took no notice, and
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did not come forward to take children to the hospital. People also reported that solid toxic
sludge from industries was mixed with soil and dumped in the ghat area. Around August 2011,
some party dumped toxic wastes via a tanker in the Boraj Dam which is the water supply of
Khed town. The town water supply had to be stopped for several weeks, but nobody had been
brought to book. There has been significant decline in fish landings from Dabhol creek due to
Lote chemical pollution, and severe loss of employment opportunities for members of fishing
communities.
With all these problems persisting all that the Pollution Control Board has done seems to
be to transfer the Lote office to Chiplun, rendering any chances of effective action even more
remote than before. At the same time, the district administration has been actively suppressing
completely lawful and peaceful protests against pollution exceeding all legal limits by local
citizens on grounds of law and order by invoking Bombay Police Act 1951 Sec, 37(1)(3)
prohibiting gathering of people. Such prohibitory orders had been promulgated on as many as
191 out of 600 days previous to my visit.
This field work around Lote was followed by a meeting at the office of the Ratnagiri
District Collector on 7th October, 2010. Contrary to what I was informed by State level officials in
Mumbai on 30th September, 2010, I was told that while there was a proposal to constitute a
Ratnagiri District Environment Committee, no such committee was in existence. It was further
learnt that there have been a large number of public hearings about various projects, and the
overwhelmingly unanimous sentiments of people have been completely ignored. In public
hearing of Finolex (1000 MW) coal TPP at Ranpar Ratnagiri Taluka and nuclear power Station
(1600 MW X 6) at Jaitapur of Rajapur Taluka public opinion was unanimously against these
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projects. In Kalane village, the first Public hearing regarding a mine project was held on 20-9-
2008. At this time, Marathi EIA was not available and therefore the hearing was postponed. The
public hearing was held once again held on 11-10-2008, after Marathi EIA was made available.
At this hearing, the unanimous resolution of Gram Panchayat dated 6-8-2008 opposing mining
was submitted and several objections were raised: 1. Pollution of Kalane river and adverse
impact on water supply scheme on this river at Chandel in Goa. 2. Adverse impact on
horticulture dependent on natural water sources in Kalane. The villagers were not provided
summary minutes during the public hearing. These summary minutes were made available only
after 57 days. Despite the unanimous rejection of mining proposal, Government of Maharashtra
went ahead and gave Environmental Clearance to the mine on 17th march 2009. Furthermore,
several Gram Panchayats, and Panchayat Samitis, including Ratnagiri Taluka Panchayat Samiti
have specifically passed resolutions relating to environmental issues that are also being
completely ignored by state government. Clearly, people are in no way involved in protecting,
managing, monitoring the environment of Ratnagiri-Sindhudurg districts, or, for that matter,
anywhere else in India.
Human capitalHuman capitalHuman capitalHuman capital
Health and nutritionHealth and nutritionHealth and nutritionHealth and nutrition
A well-nourished, healthy, well-educated and well-informed people are an important
asset of any state. Indeed, Mahabharata insists that a mal-nourished people are a major
blemish on the ruler. What then is the status of our people’s health and nutrition? What stands
out is that we are exceedingly poorly informed of the situation despite the network of Primary
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Health Centers throughout the country. A case in point is the experience of the Loss of Ecology
Authority set up to award compensation to people affected by serious pollution of Noyyal river of
Tamilnadu by tanneries. Some, though allegedly inadequate, compensation has been awarded
for loss of agricultural production. However, no compensation has been awarded for adverse
impacts on health, although it is admitted that there have been such impacts, because the
Authority is forced to rule out any such compensation in the absence of any documentary
evidence to ascertain the extent of these impacts, evidence that ought to have been available in
the PHC records.
Many records that do exist are extensively doctored to suit the requirements of the
authorities. For instance, the programme of providing mid-day meals in schools is an important
component of the national effort to ensure that the children do not suffer from malnourishment.
Regular records are therefore maintained of indicators of levels of malnourishment by the
authorities. Regrettably, the Mid-day-meals programme suffers badly from corrupt practices and
the desired results are not being obtained. This is being concealed by providing fake statistics.
Thus, the statistics compiled from state level educational institutions shows that at the all India
level the proportion of malnourished school children declined from 28% in 1993 to 17% in 1999
and further to 8% in 2006. This dubious statistics may be compared with the results of the much
more careful National Family Health Survey (NFHS), a large-scale, multi-round survey
conducted in a representative sample of households throughout India. The NFHS results
indicate that proportion of malnourished school children declined from 53% in 1993 to 47% in
1999 and had remained pretty much static at 46% in 2006. A recent study by International
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Food Policy Research Institute suggests that fully 50% of world’s malnourished people are
citizens of India.
Employment Employment Employment Employment
An important benefit of new economic activity is of course employment generation. Very
strikingly, the national level empirical data suggests that the current pursuit of economic growth
is not accompanied by higher levels of employment generation. The most reliable information
on this count comes out of National Sample Survey. According to this statistics 63 million new
jobs were created during the period 1999-2004. It was expected that at least 50 million new jobs
would be created 2002002002004-09. However the number of new jobs created was a meager 1 million.
Notably no account is being taken in all this statistics of old jobs destroyed by environmental
degradation. For instance, the Chemical Industry hub at Lote employs around 11-12 thousand
people, while the loss of employment amongst fishing community due to water pollution has
been estimated at a similar level, that of around 10-20 thousand.
Abuse of scientific informationAbuse of scientific informationAbuse of scientific informationAbuse of scientific information
An important facet of building the nation’s human capital is creating a well-informed and
well-educated populace. Nurturing of a scientific temper, including encouraging objective
scientific record-keeping and studies has to be a vital component of this endeavour. Going
completely against this spirit is much deliberate non-recording or falsification of information, as
noted above in the case of levels of malnourishment amongst school-children.
Nevertheless, some good environment-development related data sets have been
created in the country over the years. One such set is the Zonal Atlas for Siting of Industries
(ZASI), prepared for most of the districts throughout the country as a co-ordinated effort of
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Central and State Pollution Control Boards. The exercise was justified by the GoI agencies
themselves on grounds that this information would facilitate proper siting of new industrial units
which would benefit industrial development by ensuring that industries do not propose new units
in unsuitable locations, thereby avoiding undue delays and obviating protests. ZASI adopts a
systems perspective, and attempts to evaluate potential cumulative impacts that may cross
some unacceptable thresholds. With this in view the reports consider the pollution load-bearing
capacity of various parts of any given district, prevalent levels of pollution and levels of
permissible additional pollution generating activity. As an example, the table below reports the
air quality in Ratnagiri district, which shows critical air pollution levels in the Lote MIDC area.
The conclusion is that no more polluting industries should be located in the Lote MIDC
area. Despite this there are plans to setup new Petro Chemical MIDC area nearby on 550Ha, a
completely inappropriate decision. Regrettably, such short-sighted and scientifically
unjustifiable pursuit of industrial growth, has led to the Ministry of Environment and Forests, GoI
itself suppressing this vital data set, a data set that was generated at large public expense and
much investment of human resources. So even its own Western Ghats Ecology Expert Panel
(WGEEP) was not informed of this data set by the Ministry of Environment and Forests, despite
specific inquiries for all available data sets, till the Panel learnt of its existence through some
local concerned citizens of Ratnagiri district. As a result of requests, the Panel was then
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provided a copy of the Ratnagiri Zonal Atlas for Siting of Industries, although it failed to access
any others, except that of Goa, made public due to citizen pressure.
WGEEP report suffered a similar fate of suppression of good scientific information
compiled at public expense and with serious investment of human resources. This Panel was
constituted by the Ministry of Environment and Forests, GoI, with a mandate to:
(i) To assess the current status of ecology of the Western Ghats region.
(ii) To demarcate areas within the Western Ghats Region which need to be notified as
ecologically sensitive and to recommend for notification of such areas as ecologically sensitive
zones under the Environment (Protection) Act, 1986.
(iii) To make recommendations for the conservation, protection and rejuvenation of the
Western Ghats Region following a comprehensive consultation process involving people and
Governments of all the concerned States.
Basically this entailed a scientific task of deciding on a set of criteria for declaration of
Ecologically Sensitive Zones on the Western Ghats, putting together a spatial database on
ecological parameters for the region, delineating potential ecologically sensitive zones, and
suggesting a strategy for conservation, protection and rejuvenation of the Western Ghats tract,
taking into account our assignment of ecological sensitivity levels.
In order to properly appreciate the issues, WGEEP conducted field visits and wide
ranging consultations with civil society, experts, concerned state governments, MoEF officials,
elected representatives ranging from Gram Panchayat members to MPs and Ministers and
CMs. WGEEP also published a scientific paper based on the initial formulation of our criteria for
ecological sensitivity for public discussion in India's premier scientific fortnightly, Current
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Science in January 2011. WGEEP submitted its report as required on August 30, 2011. It was
informed that the report will be released at a public function on 21 September 2011. On 19
September 2011 it was informed that the report is not going to be made public.
Beyond that, the report set in motion a series of developments that culminated in Central
Information Commissioner passing a significant order on April 9, 2012. This order, passed by a
Commissioner who is a graduate of IIT, Mumbai and had himself been a private industrial
entrepreneur includes the following remarks:
“Disclosing a report or information does not mean that the government has to follow it. It
may perhaps have to explain the reasons to public for disagreeing with a report based on logic
and coherent reasons. This cannot be considered as prejudicially affecting the scientific and
economic interests of the State.
If such reports are put in public domain, citizens’ views and concerns can be articulated
in a scientific and reasonable manner. If the Government has reasons to ignore the reports,
these should logically be put before people. Otherwise, citizens would believe that the
Government’s decisions are arbitrary or corrupt. Such a trust deficit would never be in the
interest of the Nation.
The disclosure of the WGEEP report would enable citizens to voice their opinions with
the information made available in the said report. Such opinions will be based on the credible
information provided by an expert panel constituted by the government. This would facilitate an
informed discussion between citizens based on a report prepared with their/public money.
MOEF’s unwillingness to be transparent is likely to give citizens an impression that most
decisions are taken in furtherance of corruption resulting in a serious trust deficit. This hampers
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the health of our democracy and the correct method to alter this perception is to become
transparent. Such a move would only bring greater trust in the government and its functionaries,
and hurt only the corrupt”.
Social capitalSocial capitalSocial capitalSocial capital
Social capital, reflected in prevalence of a sense of fairness/ unfairness in the society
and the resulting social harmony/ disharmony is another vital component of nation’s capital
stocks. One striking manifestation of our failure to build social capital is the violence afflicting
India’s tribal heartland. One instance of what has been gone on in this region is the
controversial VEDANTA mining lease on the upper reaches of the Niyamgiri hills in Orissa. This
issue was very critically examined in 2010 by an official committee headed by Dr N C Saxena,
and the following account draws on the Executive Summary of the report of this committee.
Sacred hills of Sacred hills of Sacred hills of Sacred hills of Niyamgiri Niyamgiri Niyamgiri Niyamgiri
The VEDANTA site is largely a grassland surrounded by sal forests. 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. These are Scheduled Tribes, with the Schedule V
of the Indian Constitution which enjoins the government to respect and uphold the land rights of
Scheduled Tribes applying to the entire Niyamgiri hills region. These tribes are also notified by
the government as ‘Primitive Tribal Groups’ and eligible for special protection. While the
Dongaria Kondh live in the upper reaches of the Niyamgiri hills, the Kutia Kondh inhabit the
foothills. The Niyamgiri hills are the sole habitat of Dongaria Kondh group whose distinctive
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identity is evident in their unique language, agro-forestry expertise, social structure, and
religious practices.
The Niyamgiri massif is important for its rich biodiversity. In addition, it also plays the
critical role of linking forests of Kandhamal district to forests of Rayagada, Kalahandi and
Koraput districts. These forests also join the Karlapat wildlife sanctuary in the north-west and
Kotagarh wildlife sanctuary in the north-east. They thus have high functional importance in
creating an uninterrupted forest tract which is part of a continuous long corridor extending
outside the protected area. The fact that this forest- grasslands ecosystem is mostly prevalent in
areas inhabited by the Dongaria Kondh suggests that, besides natural geological and climatic
factors, it has also been modified by human actions such as burning for grasses and collection
of Minor Forest Produce (MFP) practiced over a long period by the hill tribes. Kondh tribes use
many of these plants as medicines to treat different ailments.
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 used by both Dongaria and Kutia Kondh and is part
of their Community Reserved Forests as well as their habitat, since they depend on it for their
livelihoods as well as socio-cultural practices. Their reverence for the hills is rooted in their
strong dependence on the natural resources that the mountains provide. Their customary
practices in the area include agriculture, grazing and the collection of minor forest produce. The
age-old access of Kutia and Dongaria Kondh to the VEDANTA area and the surrounding forests
has been recognized in several forest settlement reports and Working Plans.
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Dongaria Kondh cultivate patches of land cleared from the forest that are rotated to
maintain soil fertility. Since their population is very small, they regard land as plentiful and leave
most of it forested. They are renowned for their skill in horticulture. The fruit that they grow on
forest plots fetches them a handsome income throughout the year. In addition, they collect a
variety of forest produce and also rear chicken, pigs, goats and buffaloes.
Ecological Costs of Mining Ecological Costs of Mining Ecological Costs of Mining Ecological Costs of Mining
Mining operations of the intensity proposed in this project spread over more than 7
square km would severely disturb this important wildlife habitat. The entire Niyamgiri hills will
suffer major ecological damage if mining is allowed in the VEDANTA area. Several perennial
springs flow from below the top plateau, which is a part of the proposed mining lease site. It
appears likely that the VEDANTA area is one of the main sources of Vamsadhara river which
would make mining on this plateau a hydrological disaster.
As many as 1,21,337 trees will have to be cut in case the mining lease is granted. Of
these trees approximately 40 per cent would be in the mining lease area while the remaining 60
per cent would have to be removed to construct the access road and other mine related planned
activities. Given that more than 1.21 lakh trees have to be felled; and since the number of
shrubs and large herbs in a rich tropical forest are at least thrice the number of trees, it can be
reasonably concluded that more than 3.63 lakh shrubs and ground level flora would also be
cleared under the project.
The VEDANTA (and the Niyamgiri Hills habitat) is highly productive in terms of wildlife
since it provides the valuable ‘edge effect’ to wild animals, with open grasslands as feeding
space and neighbouring trees for shelter and escape. The grasses are breeding and fawning
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ground for Four-Horned Antelope (Tetracerus quadricornis), Barking Deer (Muntiacus muntjac),
as well as Spotted Deer (Axis axis). A rare lizard, Golden Gecko (Callodactylodes aureus), is
found on the proposed lease area. The value of Niyamgiri hill forests as an important elephant
habitat is well recognized; therefore this habitat has been included within the South Orissa
Elephant Reserve. Mining on the scale proposed in this habitat would severely disturb elephant
habitats, and threaten the important task of elephant conservation in south Orissa. That mining
causes severe disturbance to elephant habitats has already been demonstrated in Keonjhar
district.
Human Costs of Mining Human Costs of Mining Human Costs of Mining Human Costs of Mining
The VEDANTA area falls under four different administrative categories of forests.
Though there are no villages inside the VEDANTA area itself, there are four villages inside the
boundaries of the four forest blocks, as per the topo sheet, and 12 villages inside these four
blocks as per government notification. In addition, there are 27 villages adjoining to the four
Forest Blocks as per the toposheet.
Mining, if permitted, will directly affect almost 20 per cent of the world population of the
Dongaria Kondh community. An impact on such a significant fraction of the population of the
community will have repercussions on the community’s very survival, the overall viability of this
group and its biological and social reproduction. All the 104 Dongaria Kondh villages are linked
by marriage, since the member of a clan must seek a spouse from another clan. The circulation
of women and bride-price between villages is essential for maintaining the social and economic
integrity of the community. The mining operations will also have significant adverse impact on
the livelihoods of these communities for three reasons.
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The mining operations will destroy significant tracts of forest lands. Since the Dongaria
and Kutia Kondh are heavily dependent on forest produce for their livelihood, this forest cover
loss will cause a significant decline in their economic well-being. Their cultivation lands lie in
close proximity to the VEDANTA area. Mining-related activities such as tree-felling, blasting, the
removal of soil, road building, and the movement of heavy machinery will deny them access to
their lands that they have used for generations. These activities will also adversely affect the
surrounding slopes and streams that are crucial for their agriculture. If the economic and social
life of one-fifth of Dongaria Kondh population is directly affected by the mining, it will threaten
the survival of the entire community – mining would destroy their economic, social and cultural
life.
Enforcement of the Forest Rights Act Enforcement of the Forest Rights Act Enforcement of the Forest Rights Act Enforcement of the Forest Rights Act
The entire VEDANTA area falls in the category of Community Forest Resource (CFR) as
defined in section 2(a) of the Forest Rights Act (FRA) for the tribals living in the villages inside or
surrounding the four forest blocks. In addition to these villages, there are several villages within
one to five km aerial distance from the proposed mining lease (VEDANTA) area. The entire
VEDANTA area (including the area of all the four forest blocks) is clearly the habitat of the two
Primitive Tribal Groups and their villages, as defined in section 2(h) of the FR Act.
These villages have been vested with recognizable community and habitat rights by GoI
under section 4(1) of the FRA, and the procedure laid down in section 6 of the FRA must be
followed by the district authorities. These rights should have been formalized by now, as the Act
came into being more than two years ago on the 1January, 2008. As holders of these rights, the
entire Dongaria Kondh community and Kutia Kondh living close to the four forest blocks are
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empowered under section 5(c) of the Act to ensure that their habitat is preserved from any form
of destructive practices that affects their cultural and ecological heritage. The state government
cannot take any action that appropriates a part of their habitat without following the due process
of law.
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. As far as forest rights are concerned, the Forest Rights Act, is a special law and
therefore the authorities specified under it override those recognized by the Forest Conservation
Act, a more general law. Section 5(c) 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. MoEF would in fact be
guilty of violating the FR Act, if it ignores the wishes of the Gram Sabhas.
The FR Act does not provide for modification of rights for any purpose other than
conservation of critical wildlife habitats. The Section 5 of the Act vests the Gram Sabhas and the
forest dwellers with statutory rights to their habitats, where they have the authority to conserve,
protect and manage forests, biodiversity, wildlife, water catchment areas and their cultural and
natural heritage. The rights conferred under the Forest Rights Act automatically imply that free,
prior and informed consent of forest dwellers such as the Dongaria and Kutia Kondh is a
prerequisite for the diversion/destruction of the forest that they inhabit. The consent of these
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communities is required before any damage or destruction of their habitat and community
forests is authorized. This is independent of the fact whether the Gram Sabhas submit their
claims for the VEDANTA area or not.
Appropriation of land over which tribal and other inhabitants of these habitats have well-
recognized ownership and access rights, without due process of law and without consulting the
villagers themselves, would not only violate the Forest Conservation Act, but would also
forcefully evict forest -dwelling Scheduled Castes and Tribes from their lands and prevent them
from exercising their rights under FRA over their habitats.
According to section 4(5) of FRA, there can be no removal or eviction of people from
forest land unless the tribal rights under FRA have been recognized and the verification
procedure is complete. In order to ensure the compliance of this section, MOEF, vide its circular
F.No.11-9/1998-FC (pt) dated 3 August, 2009, asked the state government to submit a number
of certificates to GoI, before its proposal for diversion under the Forest (Conservation) Act, 1980
can be considered. These certificates included letters from each of the concerned Gram
Sabhas, indicating that all formalities/processes under the FRA have been carried out, and that
they have given their consent to the proposed diversion. The District Collectors did not attach
any of these letters from the Gram Sabhas in their certificates given in March 2010.
The Chief Secretary, Orissa in a general direction dated 24 October, 2009, to all District
Collectors, had instructed that proposals for diversion of forest land should be put before the
Gram Sabhas, and their consent or rejection should be attached. This directive was also
ignored by the district administration of Rayagada and Kalahandi; the letters from the Gram
Sabhas were not attached with the certificates given by the Collectors.
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The district authorities have failed to provide maps and electoral rolls to the Gram
Sabhas as provided in rule 6(b) of the FR Rules. Hence they have violated these FR Rules. In
addition, they have also failed to act under rule 12(3) of FR Rules. This rule mandates that if a
forest area is used by more than one Gram Sabha, the Forest Rights Committees of the
respective Gram Sabhas shall meet jointly to consider the nature of enjoyment of such claims,
and submit the findings to the respective Gram Sabhas in writing. As the VEDANTA habitat may
be common to a large number of villages or an entire tribal group, it was incumbent upon the
district administration to call a meeting of multiple concerned villages. In fact, by failing to record
the community and habitat rights of the Kondh, these officers are guilty of violating the law. They
should not forget that they could be punished under section 7 of the FR Act for contravening the
provisions of the Act and the Rules.
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. Hence, it was not keen to recognize community and
habitat rights of the Primitive Tribal Groups over the VEDANTA area. This is in spite of the
undisputed fact that, as dictated by the FR Act, government authorities have no discretionary
rights to ignore these rights. Not only is the transfer of community resources for mining without
seeking their informed consent unfair, it is also illegal after the enactment of the FR Act. The
administration has also failed to consult the PTGs and other forest dwellers about the impact of
mining on their lives after the passing of FR Act. Their consent for diversion of land has not
been taken.
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Despite the reluctance of the district administration and state government, several Gram
Sabhas have already passed resolutions claiming community and habitat rights over the
VEDANTA area under various sub sections of section 3, such as (1)(b), (c) and (e), and
forwarded the same to the SDLC, as provided in section 6(1) of FRA. For instance, the
resolution of the Gram Sabha of village Kendubardi demanding rights over Aonlabhata (one of
the local name for the VEDANTA area) has been received in the SDLC in Aug 2009. Similarly,
the Palli Sabha resolution dated 8 January, 2010, from village Phuldumer, which was visited by
the chairperson, states, ‘We use Aonlabhata (Badabhatta) the area of Niyamgiri which is the
proposed mining lease area of VEDANTA’. Rather than process such applications as under law,
the district authorities chose to give a false certificate in March 2010 that there have been no
claims from the Gram Sabhas for the area covered under mining lease.
After the visit of the committee members to village Khambesi, their Palli Sabha too
passed a resolution on 30 July, 2010, stating, ‘It was unanimously decided that as the proposed
area is the primary source of our life and livelihood as well as the basis of our culture, the
mining would be protested. Through this Gram Sabha resolution this message would be
conveyed to the Committee constituted by the Ministry of Environment and Forest, Government
of India, not to allow the VEDANTA company for the extraction of bauxite from the Niyamagiri
reserve forest, Proposed Khambesi reserve forest , proposed Nimagiri reserve forest and other
adjacent forest areas’.
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
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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.
A dire warningA dire warningA dire warningA dire warning
In conclusion the Saxena Committee gives a dire warning: “In view of the above this
Committee is of the firm view that allowing mining in the proposed mining lease area by
depriving two Primitive Tribal Groups of their rights over the proposed mining site in order to
benefit a private company would shake the faith of tribal people in the laws of the land which
may have serious consequences for the security and well being of the entire country.”
Regrettably this is no isolated example. Throughout the country democratic processes
and constitutional rights of the people are being brazenly violated, hand in hand with destruction
of the environment. This is being done in furtherance of an extremely reductionist approach of
pursuing economic growth at all costs. Such an approach militates against the wisdom of
adopting a holistic, systems perspective in addressing the complex problem of charting the
course of development of one of the world’s most multifaceted societies.
A heartening experienceA heartening experienceA heartening experienceA heartening experience
Fortunately, there are rays of hope. The Government of Maharashtra is as hell-bent on
sabotaging rights of local communities to promote corporate interests that have regrettably
decided to take full advantage of the prevalent economic growth at all costs approach instead of
adopting a broader perspective in long term social interests. Yet, local struggles can yield
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positive results as has happened with Gond and other local communities of Gadchiroli district of
Maharashtra that have won Community Forest Rights over extensive areas. This is promoting
prudent resource use in the long term interest of the resource base as well as far greater
economic returns to the local community. Notably enough, the communities have spontaneously
decided to set apart 10% of the Community Forest Rights areas as strict nature reserves. The
people, especially the youth are motivated to assess the resource base carefully, plan its
sustainable use and conservation, work out the potential of local level industrial processing and
appropriate marketing strategies. This provides a major scientific and technological challenge
and I am personally enthralled at this opportunity of working closely with highly motivated
people with a rich store of practical ecological knowledge in a scientific and technological
enterprise.
Science for social revolutionScience for social revolutionScience for social revolutionScience for social revolution
It is being said that 21st century will belong to India and China. The 21st century will be
an age of knowledge and it is hoped that given its democratic strengths India will eventually
prevail despite the current much higher rate of economic growth in China. But to do this we
must surely halt the on-going abuse of knowledge and of democratic values in India. This we
must do within the democratic framework and drawing on our scientific and technological
strengths.
Kerala, the God’s own country, has provided some notable examples of these
possibilities. These efforts were initiated by a fifty-year old popular science movement, Kerala
Sastra Sahitya Parishad (KSSP), that has “Science for social revolution” as its motto. In the true
scientific spirit it has promoted a holistic vision of development, exemplified by its assessment of
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the Silent Valley Hydroelectric project on the Kunthipuzha River in Palakkad district. This
interdisciplinary assessment was undertaken by a team of a physicist, an electrical engineer, an
economist and an ecologist. It brought out both the flaws in the arguments of the project
proponents as well as highlighted the conservation value of the region. The resultant process of
a very transparent and participatory debate finally led to the constitution of the Silent Valley
National Park. Although at that time the National Park proposal had many political opponents, at
its Silver Jubilee celebrations in 2011 all parties joined hand in declaring that wiser council had
prevailed in the constitution of the National Park.
River Research CentreRiver Research CentreRiver Research CentreRiver Research Centre
A worthy successor to Kerala Sastra Sahitya Parishad’s careful, interdisciplinary study of
the Silent Valley Project is the River Research Centre(RRC)’s assessment of the proposed
seventh large dam, the 163 MW Athirappilly Hydro Electric project on the 144 km small but
heavily dammed Chalakudy River, with her magnificent Waterfalls and rapids and her unique
biodiversity rich gallery forests and one of the highest levels of fish diversity among Western
Ghats rivers. The KSEB had engaged the WAPCOS (Water and Power Consultancy Services
(India Ltd) in January 2002 to conduct a Comprehensive Environment Impact Assessment
(CEIA) of the project. Their report was questioned by the Chalakudy Puzha Samrakhna Samithi
(CPSS) on various grounds; its period of study, consultations with the agencies (local bodies,
various departments of the government and the local communities) as suggested by the High
Court, methodology, and the scientific reliability. The Kerala State Biodiversity Board in an
affidavit filed in the High Court of Kerala categorically stated that the EIA report of the WAPCOS
was not comprehensive, and that the methods followed for the biodiversity studies were totally
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wrong and unacceptable. There was no indication that the WAPCOS had any consultations with
the agencies suggested by the Public Hearing Panel. However, the KSEB went ahead and
obtained the clearance to the project from the MoEF on 10.2.2005. Another PIL was filed by the
Athirappilly Grama Panchayath and the tribals, the prime potential sufferers of the proposed
dam, challenging the sanction accorded by the MoEF, mainly on the ground that the report of
the second EIA was not circulated and kept away from the public and that there was no public
hearing on the second EIA. The High Court of Kerala by its order dated 23 March 2006 quashed
the Environmental Clearance given by the MoEF on 10.2.2005 and asked the Kerala State
Pollution Control Board to conduct a Public Hearing after “publishing the environmental
assessment report stated to have been prepared by the KSEB”.
This second Public Hearing on the proposed Athirapilly hydro-electric dam was
conducted on 15 June 2006 at Chalakudy, Trichur. According to CPSS’s written submission to
the WGEEP, more than 1200 people attended the Public Hearing where none spoke in favour
of the project and, in the 252 written representations submitted to the Public Hearing Panel, the
ratio for and against the project was 1:9 respectively. CPSS further stated that the minutes of
the Public Hearing Panel was not unanimous; of the five members, three were against the
project and among them two happened to be the Presidents of the Athirapilly Gram Panchayath
and the Chalakudy Block Panchayath; representatives of the people of the two Panchayaths
who would be affected directly by the construction of dam.
The Kerala State Biodiversity Board discussed the issue in detail and took a decision
against the project considering the rich biodiversity of the area and filed an affidavit at the
Kerala High Court. On mounting pressure from the Government of Kerala for the clearance from
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the MOEF, it has asked the WGEEP to examine the issue, along with a few other projects
proposed in the Western Ghats, and give recommendations.
The WGEEP visited the proposed dam site, the reservoir area, and the primitive tribal
settlements at Pokalappara and Vazhzchal, its surroundings and, the downstream
Thumburmuzhi Major Irrigation project (Chalakudy River Diversion Scheme) on 29 January
2011. It had consultations at various levels; with the representatives of the primitive tribals at the
site, the local Panchayath (Athirappilly Panchayath), and the general public who responded to
the WGEEP’s press note inviting those interested to come and give their views.
In addition to these, the WGEEP organized a technical consultation which was attended
to by the experts from the KSEB, CPSS, RRC, KSSP, Kerala Forest Research institute, Kerala
State Biodiversity Board, Tropical botanical Garden and Research Institute), Nature
Conservation Foundation, officers from Kerala State’s departments of Irrigation, Tribal
Department, and Forest & Wildlife. It may be noted that this was the first time that such a
discussion was held between the proponents and opponents of the project. The RRC team
raised a number of significant issues at this technical consultation.
Impact on the availability of wateImpact on the availability of wateImpact on the availability of wateImpact on the availability of water in the downstream Panchayathsr in the downstream Panchayathsr in the downstream Panchayathsr in the downstream Panchayaths
Construction of dam and retention of water for 20 hrs while releasing a portion of it and
releasing 5 -8 times more during four hours at night would certainly affect the flow pattern, which
would affect the irrigation as well as ecology of the area. The downstream irrigation needs of
the ayacut (14000 ha spread across 20 Local Self Governments in the districts of Thrissur and
Ernakulam.) depend on the Chalakudy River Diversion Scheme (CRDS). According to KSEB
the present water discharge from Poringalkuthu Hydro-electric Project, the main source of water
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for the Athirappily Project, during lean months is 6.2 -7.6 cumec for 20 hours and 36-38 cumecs
for four hours (peak hours – 6 p.m. to 10 p.m.). The KSEB assures that water to the tune of 7.65
cumec for 20 hours and 36 -38 cumecs for four hours even after the Athirappilly project is
implemented; hence the water available to CRDS will not be affected. While this variation (7.65
– 38 cumec) itself would affect the irrigation, CPSS challenges these figures and points out that
the impact will be more severe. According to them, quoting the figures of 2003 DPR (flow series
from 1970-71 to 2001-02), the present discharge through the river from December to April is
14.92 cumec. Based on the maintenance schedule of generators at Poringalkuthu, the average
flow for 20 hours between December and April is 13.25 cumec and that for four hours is 25- 31
cumec. If the project comes through, the 20 hours flow will reduce from the average 13.25
cumec to 7.65 cumecs and that for four hours it will increase to about 50 cumecs. This will
badly affect irrigation from CRDS. The irrigation needs from CRDS cannot be met with a flow of
7.65 cumec for 20 hrs. The change in the flow pattern would also affect the ground water in the
catchments of the ayacut which in turn would affect the availability of drinking water in the area.
The KSEB did not counter these arguments at the Technical consultation held by the WGEEP at
Chalakudy in January 2011. Water scarcity is already experienced in the downstream
Panchayaths, and salinity intrusion is reported up to 20 km from the coast. Construction of one
more dam and changes in the flow pattern would aggravate the situation.
Availability of Availability of Availability of Availability of water andwater andwater andwater and power generationpower generationpower generationpower generation
Project proponents have provided varied figures on the availability of water:
a. Water availability as per 1999 DPR : 1269 MCM1269 MCM1269 MCM1269 MCM
b.b.b.b. Water availability as per 2003 DPR : 1169 MCM1169 MCM1169 MCM1169 MCM
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c. Water availability as per CWC : 1056 MCM1056 MCM1056 MCM1056 MCM
In all these calculations, the water diverted to Idamalayar Diversion Scheme has not
been considered. Data obtained by the RRC from KSEB under RTI show that after deducting
the water made available to the Idamalayar diversion Scheme, only 750 MCM will be available
to the Athirappilly dam. The Central Electricity Authority had calculated the electricity generation
from the project at 233 MU per annum was on the basis of the figures given in 2003 DPR; i.e.
1169 MCM. Since it will only be 750 MCM, the power generation will be reduced accordingly. An
analysis of daily generation and discharge data from Poringalkuthu from 1987 to 2006 (received
under RTI act) suggest that even at 70% dependability the generation at Athirappilly HEP will be
about 170 MU and 210 MU respectively with and without Idamalayar diversion. During the lean
periods (December – May) with the available water, considering the Idamalayar Diversion
Scheme, the power that could be generated will only be less than 25 MU. In case the
Idamalayar Diversion Scheme is stopped as KSEB claims, the major portion of the electricity
that is being generated from that scheme, about 60 MU (as per WAPCOS EIA), will cease to be
available. That means there will be a substantial loss to the total power grid during lean periods,
if the Athirappilly Project comes through.
The total expected power generation from the Athirappilly Project from the figures given
in the documents of the KSEB, disregarding the arguments against it by the RRC and CPSS, is
not commensurate with the project cost even without considering the environmental, ecological
and social costs. Considering a project cost of Rs. 1000 crores and a loan component of Rs.
800 crores (@80% of project cost), the annual interest at 9% alone would come to Rs.72 crores.
With the existing tariff, the revenue from the sale of electricity from the Athirappilly project (if
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implemented) will be about Rs. 50 – 55 crores only. This means that even the interest of the
loan for the project cannot be met with the revenue from the project.
Notably enough none of these figures were challenged by the KSEB at the technical
consultation meeting held by the WGEEP at Chalakudy. Evidently, the project has many flaws
and the only justification for it can come from the totally unwarranted profits that will be made by
the contractors and their cronies. The community of Indian scientists and technologists ought
surely to stand as one to participate in a science for social revolution and resist such wasteful