State misleads people on Gram Sabha: LSA

-- Demands withdrawal of notifications for Gram Sabha

 

BHUBANESWAR: “No Government has authority to call Gram Sabha, it is only to assist Gram Sabha called by the villagers for settling claims,” said Lok Shakti Abhiyan (LSA) president Prafulla Samantara at a Press meet here on Monday.

Samantara said the State Government has misled the people about Gram Sabha in Niyamgiri after the Supreme Court Judgment. Under section-6 of the Forest Rights Act 2006, Gram Sabha should be the authority to initiate the process of determining the nature and extend of individual or community forest rights or both and that may be given to the forest dwelling scheduled tribes and other Traditional Forest Dwellers (TFD) within the local limits of the Jurisdiction which was mentioned in Para 51 of the apex court’s judgment.

Therefore, the State Government has no right to choose specific villages for Gram Sabha, said Samantara, adding, “It is left to villagers of every village to call Gram Sabha. So the notifications by the Rayagada and Kalahandi district Collectors are invalid.”

In para 60 of the Judgement it has been said by the judges: “We, therefore, inclined to give a direction to the State of Odisha to place these issues before Gram Sabha with notice to the Ministry of Tribal Affairs, Government of India and the Gram Sabha would take a decision to them within three months and communicate the same to the MOEF, Through the State Government.

In para 59, the Judgement speaks the Gram Sabha is also free to consider all the community, individual as well as cultural and religious claims, over and above the claims which have already been received from Rayagada and Kalahandi Districts. Any such fresh claims would be filed before the Gram Sabha within six weeks from the date of this Judgement. The State Government as well as the Ministry of Tribal Affairs, Government of India, would assist the Gram Sabha for setting of individual as well as community claims.

56. Gram Sabha has a role to play in safeguarding the customary and religious rights of the STs and other TFDs under the Forest Rights Act. Section 6 of the Act confers powers on the Gram Sabha to determine the nature and extend of ‘individual’ or ‘community rights’. In this connection, reference may also be made to section 13 of the Act coupled with the provisions of PESA Act, which deal with the powers of Gram Sabha. Section 13 of the Forest Rights Act reads as under:

13. Act not in derogation of any other law. Save as otherwise provided in this Act and the provisions of the Panchayats (Extension of the Scheduled Areas) Act,1996 (40 of 1996),  the provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being inforce.”

Therefore the decision of Odisha Government to conduct Gram Sabha in 12 villages is arbitrary, unlawful and against the direction of the Supreme Court. This is also against the provisions of Forest Rights Act. There the people of every village in Niyamgiri has to claim through Gram Sabha and after getting the claims, Government has to follow the process of Gram Sabha and the State and Central Government have to assist in setting of claims in Gram Sabha.  

On Sunday, Rayagada district administration had sent a team to survey villages about people’s opinion in mining. Why this exercise? It is nothing but to provide information to Vedanta Company so that it would exercise its clouds to win over. This is against rule of law.

Now CRPF are being used to terrorise tribals of they oppose mining in Niyamgiri. There should be democratic sphere to have Gram Sabha.

“I urge upon the State Government to withdraw notifications and inform the villagers to have their Gram Sabha with individual community and religious right claims,” said Samantara, adding, “If the State Government defies, we would urge the Central Ministry of Tribal Affairs to assist Gram Sabha.”