Niyamgiri : The Struggle of Dongria Kondh's against Vedanta

Claiming Niyamgiri: The Dongria Kondh’s Struggle against Vedanta
Presented By:
VIKAS KUMAR

Introduction
 Odisha (previously Orissa) is one of the most
resourcerich states continues to remain one of
the poorest states, with 32.59 per cent of the
population below the poverty line.
 To increase the state’s productivity and to cash
in on the treasure chest of resources, the
Government of Odisha signed 79 MoUs with
various companies to setup mineralbased
industries, with a total proposed investment of
US $606.95 billion.
 One such agreement was signed with Vedanta
Aluminum Limited (VAL); a subsidiary of Vedanta
Resources for the development of an alumina
refinery and a bauxite mining plant in the most
environmentally diverse region of the Niyamgiri
Mountains in Odisha.
 This project was meant to aid the state’s
industrial growth and to enhance the public’s
economic standard.
 However, the Government and Vedanta, both
failed to consider the detrimental impact of the
project on one major segment of the community
– the Dongria Kondh tribe.

Niyamgiri Hills
 Niyamgiri Mountains of is 4248 feet high. It is
the source of 32 rivulets contributing to
Vansadhara and Nagavali River flowing
through Kalahandi and Rayagada.
 It contains elephant, sambhars, leopards,
tigers, barking deers, various species of birds
and other endangered species of wildlife in
672.018 ha forest land.
 It has more than 300 species of plants, trees,
etc. including about 50 species of medicinal
plants. Six of the species are listed in the Red
Data Book.
 The Mountain of Niyamgiri is protected under
Section 18 of the Indian Wildlife Act and due
to its rich wildlife population, it was proposed
as a wildlife sanctuary by the Ministry of
Environment and Forests in 1998.
 In 2004, the Orissa government declared the
region an elephant reserve.
 They are home to more than 8,000 of
the Dongria Kondh people, whose lifestyle and
religion have helped nurture the area’s dense
forests and unusually rich wildlife.

Vedanta Proposal
• Niyamgiri hills belong to the Eastern Ghats, and in-situ reserves of
metallurgical grade bauxite have been reported from this area.
• The REIA (Rapid Environmental Impact Assessment) report prepared by Tata
AIG Risk Management Services Ltd., Mumbai (TARMS) for SIIL mentions that
the estimated bauxite reserve in the lease area is about 73 million tons and
the estimated life span of the mining is 23 years.
• Vedanta Alumina Limited, a subsidiary of M/S Sterlite Industries (India)
Limited is going to mine bauxite deposit from the Niyamgiri hills jointly with
Orissa Mining Corporation Limited (OMC) as per the lease agreement signed
in between VAL (Vedanta Alumina Ltd.) and Orissa Mining Corporation
(OMC) in October 2004.
• According to the MoU signed by SIIL and Govt.of Orissa on 7th June 2003,
SIIL would set up an Alumina Complex, which includes 1.0 MTPA Alumina
Refinery Plant, 3.0 MTPA of bauxite mining and 75 MW Captive Power Plant
at Lanjigarh in the disrict of Kalahandi at an aggregate investment of
approximately Rs.4000/- crore.
• The proposed mining site is located on the top of Niyamgiri hills.

Centre of struggle
• The proposed mining plant is located at the top of the Niyamgiri Hills and
the alumina refinery is situated at the foothills, near Lanjigarh.
• The construction of an approach road to the mining site and conveyor
belts for transporting ore from the mine to the refinery requires the felling
of numerous trees and massive deforestation drives.
• As a part of Niyam laws, felling trees on mountain tops is considered taboo
and as a sign of disrespect to their supreme deity Niyam Raja (The King of
Law) .
• So the centre of the struggle was the Dongria’s sacred mountain, the
‘mountain of law’. The Dongrias worship the top of the mountain as the
seat of their god and protect the forests there.
• The Dongria Kondh would lose their livelihood, their identity and the
sanctity of their most religious site.
• In common with other displaced tribal peoples worldwide, they would
also lose their present good health, their self-sufficiency and their expert
knowledge of the hills, forests and farming systems that they have
nurtured.

IMPACT OF MINING ON NIYAMGIRI
• Among the major environmental impacts of bauxite mining are the implications of the
disposal of alkaline mud otherwise known as 'red mud'.
• Escape of caustic soda, used to extract alumina from raw bauxite, into the ground water is
quite likely which will increase sodium concentration in the well water, etc., and high sodium
is undesirable in potable water since it is associated with hypertension, heart disease and
stroke.
• It clearly mentioned in the REIA report under title heading ‘Land Environment’ in No. 11, that
the proposed project will result in change in land use pattern. There will be reduction in
the forest cover (mainly reserve forest cover).
• The most severe effect of mining will be on the Dongria Kondh whose social, cultural and
economical life is deeply interlinked with the Niyamgiri Hills – will be uprooted from their
sacred home.
• Implementation of the mining project will cause the Dongria Kodh to lose their precious
homes, their culture and heritage, and most importantly, their identity.
• Not only will the project spell doom for these tribes and the ones whose lands fall under the
alumina plant area, it would also devastate the local ecology-springs, rivers, and many
endangered species. The people of south Orissa will lose their permanent source of water
from Vamsadhara and Nagavalli, which irrigate their fields and meeting their drinking water,
needs.

THE MASS MOVEMENT
 As an aftermath of the Supreme Court’s
decision on Aug 8 2008 to allow the
environmental clearances of both the
alumina refinery and the mining plant,
the Dongria Kondh rose together to
protest this decision.
 The movement against Vedanta also
gained massive support from
international communities.
 Organizations like Survival International,
Amnesty International visited the protest
site in India regularly and also organized
mass rallies outside the company’s
London office.
 The organization also launched an
international campaign, encouraging
major shareholders of Vedanta Resources
to disinvest in the company until it
removed its operations from Niyamgiri.
 Witnessing the company’s atrocious
treatment of the Dongria Kondh and its
involvement in the blatant violation of
human rights, many international
investors like the Norwegian Government
Pension Fund, Martin Currie, the Church
of England and Marlborough Ethical Fund
sold their stocks in the company.

Government’s Awakening
• “A decade-long stand-off between Vedanta and the villagers of Odisha’s Niyamgiri
hills has culminated in an outright rejection of then company’s plans to mine
bauxite to feed its alumina refinery at Lanjigarh on August ,2013.”
• In April 2009, the Ministry of Environment and Forests (MoEF) had cleared the
mining project. Amid widespread protests, the Centre constituted a committee
under NC Saxena that pointed out a number of irregularities.
• Subsequently, acting on the fresh recommendation of the Forest Advisory
Committee (FAC) that had in 2007 approved the project, then Environment
minister Jairam Ramesh ordered temporary withdrawal of clearance in August
2010.
• In March 2011, the Odisha government moved the Supreme Court against the
MoEF’s order.
• Once the ministry defended its stand as safeguard against possible violation of
cultural and religious rights of the local tribals; the SC on 18 April,2013 asked the
state to seek the view of affected villagers.
• Asked by the Supreme Court to take a call on the proposed mining, all 12 gram
sabhas have asserted their community rights over Niyamgiri and said no to the
state government’s move to hand over nearly 700 hectare of forest land to VAL
(Vedanta Aluminium Ltd) for harvesting bauxite.

How Vedanta Lost
• Acting on the state government’s assurance of handing over a bauxite
reserve lying within a stone’s throw, Vedanta has already invested Rs
50,000 crore in the project in building the refinery at Lanjigarh.
• The company sought environment (2003) and forest (2004) clearances for
its plant separately. The application for the environment clearance made
no mention of the forest land required.
• The environment clearance was issued in 2004 on condition that the
company would secure mining clearance before “operationalising” the
refinery.
• The approval letter stated that “the project does not involve diversion of
forest land.”
• The MoEF issued a stop-work notice in 2005 till clearance was given for
the diversion of 58.9 hectare of forestland.
• The company promptly withdrew its application for forest clearance,
saying it didn’t need the forest land.

• Following a strong recommendation by the Central Empowered Committee
against mining, the SC in 2006 , asked the Wildlife Institute of India (WII) and
Central Mine Planning and Design Institute Limited (CMPDIL) to examine the
project’s impact on wildlife, soil and water systems.
• While CMPDIL gave the project a clean chit in 2007, the WII report expressed a
number of concerns over the impact of mining on the wildlife before settling for
a Rs 42-crore mitigation plan.
• In 2008, the Supreme Court gave clearance to phase-II of Vedanta's mining
project at Niyamgiri. But in August 2010,the Ministry of Environment and
Forests withdrew the clearance.
• On 18th April 2013, the Supreme Court had empowered the village councils to
decide on the project in order to protect their customary and religious rights.
The rejection of Vedanta’s proposal to dig in the Niyamgiri hills came after 12
village councils of Dongriya Kondh tribal groups rejected the project in their
traditional forestlands.
• Thanks to the Supreme Court, the people’s courts at Niyamgiri have set a
benchmark for the implementation of the Forest Rights Act.

Concerns?
• In the Niyamgiri context, the first question that arises when we talk about
development is “Whose development? “
• From where will the tribal community draw the traditional food,
medicines and livelihood they are depended on for generations?
• What about the loss of traditional knowledge that sustained not only the
tribal but the civilisation?
• How do they deal with the pollution and the poison emitted from mining
and processing?
• What sustainable alternatives could be proposed to displacement induced
development?
ANSWER
i. Forest Management
ii. Sustenance of Tribal Way of Life
iii. Effective enforcement of The Forest Rights Act (FRA) established in 2006.

Conclusion
• The Forest Rights Act (FRA) established in 2006, prevents the
usurping of forest dwelling communities from their rightful lands
and it also gives traditional communities the rights to protect,
manage and conserve their forests.
• The case of Niyamgiri; where the tribals won over the mining
giants, revealed the inadequacies of the system in implementing
the cultural, traditional and religious rights of tribals in India.
• It presented the need for an improvement in the present laws and
guidelines, with a striking necessity to include tribals’ rights. The
Dongria Kondh, who had peacefully existed in the forests of
Niyamgiri until the arrival of Vedanta, have now presented a streak
of hope to other tribals in the country fighting for days on end just
for the right to survive on their own lands.
• Now it is for our elected leaders to honour the people’s trust and
commit and deliver within the confines of a democracy.

Reference
• “ Vedanta Cares? A report on Vedanta.”
• “A brief report on Ecological and Biodiversity Importance of
Niyamgiri Hill and Implications of Bauxite Mining,”.
• “How Vedanta Lost The Plot,” Tehelka, online at:
http://www.tehelka.com/howvedantalosttheplot/
(http://www.tehelka.com/howvedantalosttheplot/)
• “Interview: Anthropologist Felix Padel on Life and Struggle in
Niyamgiri,” India Resists,Online at:
http://www.indiaresists.com/interviewanthropologistfelix-
padelonlifeandstruggleinniyamgiri/

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