Adivasi Anti Mining Mobilisation, Policing and Due Process
Context
Dalit and Adivasi communities in Odisha have raised allegations that criminal investigations and the inclusion of unnamed individuals in First Information Reports (FIRs) were used to intimidate those opposing bauxite mining. The issue brings out the competing concerns surrounding development, maintenance of public order and protection of community rights.
Key Highlights
- The report highlighted the arrest of a doctor working in a tribal region following allegations of supporting anti mining resistance.
- Affected individuals expressed concerns that the use of descriptions such as unnamed “others” in FIRs increased uncertainty and made community members more vulnerable.
- Community members alleged intimidation through investigative processes. However, such allegations should not automatically be treated as established judicial findings.
- Mining related conflicts involve several interconnected issues, including forest rights, displacement, livelihoods, environmental consequences and access to justice.
Key Concepts
- Fifth Schedule: Provides constitutional provisions for the administration and governance of Scheduled Areas and the protection of Scheduled Tribes in specified States.
- PESA Act, 1996: Extends provisions for self governance to Scheduled Areas and recognises the important role of Gram Sabhas in consultation and local resource management.
- Forest Rights Act, 2006: Recognises eligible individual and community forest rights and provides procedures for processing claims and safeguards relating to the diversion of forest land.
Way Forward
- Ensure independent scrutiny of arrests and maintain transparency in the disclosure of allegations.
- Follow legally prescribed procedures concerning Gram Sabha consultations, forest rights and environmental clearances.
- Safeguard the right to peaceful assembly while ensuring that allegations of actual violence are investigated on the basis of evidence.
- Strengthen access to affordable and accessible legal assistance in remote tribal regions.