The struggle for access to forest justice in India: The Forest Rights Act 200...CIFOR-ICRAF
Presentation in Taking stock of smallholder and community forestry workshop
at session Smallholder and community forestry in South and Southeast Asia
by Oliver Springate-Baginski and Madhu Sarin
24-26 March 2010
Montpellier, France
The struggle for access to forest justice in India: The Forest Rights Act 200...CIFOR-ICRAF
Presentation in Taking stock of smallholder and community forestry workshop
at session Smallholder and community forestry in South and Southeast Asia
by Oliver Springate-Baginski and Madhu Sarin
24-26 March 2010
Montpellier, France
Who owns earth and its resources ?
And how much of these resources can be used by the general public ?
This was an important question in the ancient days.
● Accordingly it was the Byzantine Emperor Justinian l who pioneered the concept, which later came to be known as the Public Trust Doctrine.
● PUBLIC TRUST DOCTRINE is the principle which states that; certain resources like -
the Air, Water, Sea, Forests, Rivers, Ponds, Lakes, Mountains can never be subject to
PRIVATE OWNERSHIP.
● Such sources are a gift of the nature to the mankind as a whole.
● It should be available to all irrespective of race, religion, caste, sex
and social status.
◆ The Doctrine of Public Trust is a highly useful tool in the hands our Judiciary to protect and preserve the environment from the arbitrary and unreasonable actions of the governmental authorities.
◆ These days the influence of private actors (corporate bodies) is increasing globally, there are high chances of misuse of the natural resources or grant of these resources in favour of private players by the governments.
◆ In such cases the Doctrine of Public Trust would work as an effective check of the exercise of power by government with regard to dealings and management of natural resources.
This is a presentation on one of the topic of environmental law. It deals with Rio Declaration which is a very important summit in the history of environmental law.
Forest Rights Act (2006)
The Forest Rights Act, India or the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act is also known by other names like the Tribal Rights Act or the Tribal Land Act.
It deals with the rights of the communities that dwell in the forests (including Scheduled Tribes), over land and other resources, which have been denied to them over the years because of the continuation of forest laws from the colonial era in the country.
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is a result of the protracted struggle by the marginal and tribal communities of our country to assert their rights over the forestland over which they were traditionally dependent.
Land Acquisition, Rehabilitation and Resettlement Act, 2013 (also Land Acquisition Act, 2013) is an Act of Indian Parliament that regulates land acquisition and lays down the procedure and rules for granting compensation, rehabilitation and resettlement to the affected
Land acquisition procedure in Gujarat Statepareshchavda
Land acquisition procedure in Gujarat State as per Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
The powerpoint presentation deals with the latest amendments in National Green Tribunal Act by the Finance Act, 2017 and critically analyzing some of the important aspects of the Act.
Who owns earth and its resources ?
And how much of these resources can be used by the general public ?
This was an important question in the ancient days.
● Accordingly it was the Byzantine Emperor Justinian l who pioneered the concept, which later came to be known as the Public Trust Doctrine.
● PUBLIC TRUST DOCTRINE is the principle which states that; certain resources like -
the Air, Water, Sea, Forests, Rivers, Ponds, Lakes, Mountains can never be subject to
PRIVATE OWNERSHIP.
● Such sources are a gift of the nature to the mankind as a whole.
● It should be available to all irrespective of race, religion, caste, sex
and social status.
◆ The Doctrine of Public Trust is a highly useful tool in the hands our Judiciary to protect and preserve the environment from the arbitrary and unreasonable actions of the governmental authorities.
◆ These days the influence of private actors (corporate bodies) is increasing globally, there are high chances of misuse of the natural resources or grant of these resources in favour of private players by the governments.
◆ In such cases the Doctrine of Public Trust would work as an effective check of the exercise of power by government with regard to dealings and management of natural resources.
This is a presentation on one of the topic of environmental law. It deals with Rio Declaration which is a very important summit in the history of environmental law.
Forest Rights Act (2006)
The Forest Rights Act, India or the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act is also known by other names like the Tribal Rights Act or the Tribal Land Act.
It deals with the rights of the communities that dwell in the forests (including Scheduled Tribes), over land and other resources, which have been denied to them over the years because of the continuation of forest laws from the colonial era in the country.
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is a result of the protracted struggle by the marginal and tribal communities of our country to assert their rights over the forestland over which they were traditionally dependent.
Land Acquisition, Rehabilitation and Resettlement Act, 2013 (also Land Acquisition Act, 2013) is an Act of Indian Parliament that regulates land acquisition and lays down the procedure and rules for granting compensation, rehabilitation and resettlement to the affected
Land acquisition procedure in Gujarat Statepareshchavda
Land acquisition procedure in Gujarat State as per Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
The powerpoint presentation deals with the latest amendments in National Green Tribunal Act by the Finance Act, 2017 and critically analyzing some of the important aspects of the Act.
Executive Summary: Coal Mining and Violations of Adivasi Rights in IndiaAmnesty India
The report, “When Land Is Lost, Do We Eat Coal?”: Coal Mining and Violations of Adivasi Rights in India, traces how Coal India subsidiaries, central government ministries and state government authorities in Chhattisgarh, Jharkhand and Odisha failed to ensure meaningful consultation with Adivasi communities on land acquisition, rehabilitation and resettlement, and the environmental impacts of mines, seriously affecting their lives and livelihoods.
"When Land Is Lost, Do We Eat Coal?”: Coal Mining and Violations of Adivasi R...Amnesty India
The report, “When Land Is Lost, Do We Eat Coal?”: Coal Mining and Violations of Adivasi Rights in India, traces how Coal India subsidiaries, central government ministries and state government authorities in Chhattisgarh, Jharkhand and Odisha failed to ensure meaningful consultation with Adivasi communities on land acquisition, rehabilitation and resettlement, and the environmental impacts of mines, seriously affecting their lives and livelihoods.
Industrialization and protest movements in orissasameer kumar
The most important issues which have surface the movements are livelihood issues and rights of the certain sections people which include the tribals, peasants and the fisher folk for whom the compensation package and rehabilitation measures hold out no promise.
Exploiting Artificial Intelligence for Empowering Researchers and Faculty, In...Dr. Vinod Kumar Kanvaria
Exploiting Artificial Intelligence for Empowering Researchers and Faculty,
International FDP on Fundamentals of Research in Social Sciences
at Integral University, Lucknow, 06.06.2024
By Dr. Vinod Kumar Kanvaria
Normal Labour/ Stages of Labour/ Mechanism of LabourWasim Ak
Normal labor is also termed spontaneous labor, defined as the natural physiological process through which the fetus, placenta, and membranes are expelled from the uterus through the birth canal at term (37 to 42 weeks
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Safalta Digital marketing institute in Noida, provide complete applications that encompass a huge range of virtual advertising and marketing additives, which includes search engine optimization, virtual communication advertising, pay-per-click on marketing, content material advertising, internet analytics, and greater. These university courses are designed for students who possess a comprehensive understanding of virtual marketing strategies and attributes.Safalta Digital Marketing Institute in Noida is a first choice for young individuals or students who are looking to start their careers in the field of digital advertising. The institute gives specialized courses designed and certification.
for beginners, providing thorough training in areas such as SEO, digital communication marketing, and PPC training in Noida. After finishing the program, students receive the certifications recognised by top different universitie, setting a strong foundation for a successful career in digital marketing.
2. Introduction:
Vedanta Resources is a globally diversified natural
resources mining company with interests in Zinc,
Lead, Silver, Copper, Iron Ore, Aluminum, Power and
Oil & Gas
It is also developing commercial power stations in
India in Odisha and Punjab.
3. In
respect
of
bauxite
mines
at
Lanjigarh, Odisha, public interest litigations were filed
in 2004 by Indian NGOs led by the People's Union for
Civil Liberties to the supreme court sub-committee
regarding the potential environmental impact of the
mines.
The company's operations in Niyamgiri Hills
in Odisha, India that are said to threaten the lives of
the Dongria Kondh people who populate this region.
4. The Issue:
Vedanta Alumina signed the joint venture agreement
with the ‘Orissa Mining Corporation’ (OMC) in 2003 for
developing bauxite mines at the Niyamgiri hill near
Lanjigarh for use in its one-million-tonne alumina
refinery being set up at a cost of Rs.4,000 crores.
The hill range is spread over 250 sq km and contains
bauxite reserves of about 70 million tones.
The plant got in production by taking all clearances in
2005.
5. The state opposition alleges that the company was yet
to obtain forest clearance for its project as per the
Forest Conservation Act, 1980.
The Environmental clearances revoked by ‘Ministry of
Environment and Forests’ (MOEF) and the case is
under jurisdiction of the Supreme Court of India.
6. The Niyamgiri Movement:
In 1997, the then congress government agreed the hill top
plateau of Niyamgiri should be mined for Bauxite, and by
2001, the BJD government was ready to lease the area to
Vedanta.
An official agreement signed on the 5th of October 2004
between the Odisha Mining Corporation
It is a home to more than 8000 adivasis of “Kutiya,
Dongrias and Jharniyas and Konds” who depends on the
hills for their entire livelihood.
7. Niyamgiri covers an area of 8000 sq.km and two rivers,
36 small streams originate and 602 types of Plants
(more than 300 species of Herbs and Medicines).
Niyamgiri project will directly affect 20 villages with a
population of about 10,000.
The Niyamgiri hills are also claimed to be an
important wildlife habitat in Eastern Ghats of India as
per a report by the Wildlife Institute of India.
8. In 2002 Lingaraz Azad, Raj Kishore, Kunuda, Prem,
Satya and Siddharth Naik went to explore the possibility
of starting a movement.
On 8th June 2003 Odisha CM laid the foundation The
agitators surrounded the villages and nobody was let
outside or inside, 10th June the foundation was broken.
3000 acres of Land have already been acquired by
Vedanta and five villages (Kinari, borbhatta, Kapagada,
Badugada and Kordiwar) have been forcefully evicted.
9. Oct 1, 2005- People’s tribunal committee had come to
Lanjigarh. They reported that mining should be stopped
18 June. 2008- Those that had given their land and were
supposed to get compensation but did not; got agitated and
closed down the company.
The environment minister Jairam Ramesh had withdrawn the
license given to Vedanta even after Supreme Court granted the
mining with regard to the MOEF signed with Vedanta.
In January 2009, thousands of locals formed a human chain
around the hill in protest at the plans to start bauxite mining
in the area.
10. Government’s Perspective:
As per OMC agreement with Vedanta was limited only to
mining at Niyamagiri hills, which is sub judice currently.
Regarding supply of bauxite from other sources, it is the
look out of the government and Vedanta. It is unable to
supply the bauxite as there is no other mines available for
mining.
VAL pointed out that the MOU included supply of
additional bauxite apart from that lying in the Niyamgiri
mines. So it was incumbent on the state to arrange the
material from other sources. However, the state has not
made any attempt in this regard though it possessed more
than half of the country’s bauxite reserves.
11. Vedanta’s Perspective:
Vedanta set up one-million-tonne alumina refinery at a cost
of Rs.4,000 crores near Lanjigarh as per the MoU signed by
Vedanta and state government. Nearly 7000 people are
employed in this project.
In this project 121 families were physically displaced. These
have all been resettled in the Niyamgiri Vedanta Nagar
Resettlement Colony, with 76 family members being
employed with the company as permanent employees.
Vedanta is involved in various CSR activities in nearby
villages of Lanjigarh
12. Court Verdict:
The supreme court of india in 2007 stated that If Sterlite
Industries (India) Ltd. (SIIL) is agreeable to the a fore
stated Rehabilitation Package then they shall be at liberty
to move this Court by initiating a proper application. This
Court is not against the Project in principle. It only seeks
safeguards by which we are able to protect nature and sub
serve” development”. This in accordance with The Indian
Forest Act, 1927 and The Companies Act, 1956.
As per the CEC report The Supreme Court of India
instructed Vedanta Aluminium Limited to stop its
expansion on the ground that it has not fulfilled the
environmental clearances in 2011. This is in accordance of
violation of Forest (Conservation) Act, 1980.
13. n 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.