A Closer Look at the Niyamgiri Case:

• The legal battle was fought between The Orissa Mining Corporation Ltd (OMC) and the Ministry Of Environment & Forest.
• Vedanta-OMC's joint venture aimed to mine bauxite in the Niyamgiri Hills, a plan met with strong opposition by the Dongoria Kondhs.
• The company's intention to establish an open-cast mine threatened to disrupt Niyam Dongar's rivers and jeopardize the Dongria Kondh’s status as a distinct group.

Who are the Dongoria Kondhs?

• The Dongoria Kondhs are a particularly vulnerable tribal group (PVTG) hailing from Rayagada in Odisha.
• They inhabit the Niyamgiri hills, a region spanning the Rayagada and Kalahandi District in Odisha.
• The tribe worships Niyam Raja, the supreme deity of the Niyamgiri forest.
• They subsist on the resources of the Niyamgiri forests, supplementing their livelihood with horticulture and shifting cultivation.

The Verdict of the Supreme Court

• The Supreme Court acknowledged the tribe's cultural, religious, and spiritual rights to the hills.
• The court granted the Gram Sabha the power to scrutinize potential violations of their rights due to the proposed project.
• The court also ruled for a referendum to be held among the affected Gram Sabhas to secure the community's consent for the project.
• The referendum resulted in a unanimous vote against the project.
• However, the verdict did not address the Free and Prior Informed Consent (FPIC) norm or reference any other international human rights.
• India is not a signatory to the Indigenous and Tribal Peoples Convention, 1989 (also known as the International Labour Organization Convention 169) and the United Nations Declaration on Rights of Indigenous Peoples (UNDRIP) that defines FPIC as a non-binding instrument.

Understanding Free and Prior Informed Consent (FPIC)

• Free implies that consent should be obtained without any intimidation, coercion, or manipulation.
• Prior indicates that consent must be secured before initiating any project activity.
• Informed means that the community should have access to all necessary and relevant information transparently for an informed decision.

The Importance of the Niyamgiri Case

• The referendum's outcome established a rare acknowledgment of the Dongoria Kondhs’ claim for sovereignty, self-determination, and territorial autonomy.
• The Gram Sabha was empowered to examine potential infringements on their rights as per Section 4(d) of the Panchayat Extension to Scheduled Areas (PESA) Act, 1996.
• Section 6 of the The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 was invoked, which gives the Gram Sabha the power to process individual or community forest claims.

Final Thoughts

The Niyamgiri Case serves as an excellent example of the importance of free, prior informed consent. Without it, the power imbalance between the state and indigenous communities will persist. Therefore, a balanced and sustainable development approach must be adopted in the future.