Indian Tribal Affairs Ministry curtails village councils’ rights on Vedanta’s mining project

Despite the Supreme Court’s order, the village councils, or gram sabhas of the Dongria Kondh tribals may not be able to decide upon their traditional and religious rights against the mining interests of Vedanta. A narrow interpretation of the Supreme Court order by the tribal affairs ministry promises to turn the district administration into the final decision-making body and the village councils of the tribals as only a claimant of their rights.

The move could snatch away the village council’s rights to be final arbiters of their traditional and religious rights over the contentious Niyamgiri hills, and leave it in the hands of the state government to take the final call.

The apex court had ordered that the village councils to decide if mining of bauxite would impact the cultural and religious rights, besides impinging on the tribals' livelihood. It had ordered the Centre and the Odisha government to facilitate a free and fair decision by the affected village councils.

The tribal affairs ministry moved quickly to ask the state government to ensure all village councils get a chance to vote and decide on the matter. The state government whittled down the list of villages involved to only 12, including five and seven in Kalahandi and Rayagada districts, respectively.

Now, the tribal affairs ministry itself has limited the village council's powers by suggesting that they can only entertain claims from the locals and convey their views, which would then be decided upon by the sub-divisional and district level panels set up under the Forest Rights Act.