Abhinav Gupta - Mining-affected Adivasis in Chhattisgarh have forced a coal firm and the state to hear them out
Concerns over
employment, compensation and the environment led to an eight-day-long blockade,
which was called off after the state acceded to most demands.
As night fell in the
desolate landscape of Tamnar in Chhattisgarh’s Raigarh district last week, a
group of people hunkered down. Rain plodded down in large, unforgiving drops,
adding to the misery of miners and their supporters. The agitators prepared to
sleep in shifts, and a small fire was lit. The silence was eerie compared to the
bustle of the day. This scene was
repeated every night for a week.
A blockade starts
Braving incessant
rains and a distant state, women from over half a dozen tribal villages in this
area led an eight-day-long blockade of the Gare Palma IV/2 and IV/3 coal mines
in Raigarh district, which ended on Monday with the state, and the interim
custodian of the mines, South Eastern Coalfields Limited, acceding to most of
their demands.
The primary demands of
the people behind the blockade were employment and compensation as per India’s
rehabilitation policy, and strict and full implementation of the Forest Rights
Act and the Panchayats (Extension to Scheduled Areas) Act. It was a significant
victory. But warned by previous experience, the villagers indicate they will
restart the agitation if the promises made to them are not kept. The land in Tamnar is pockmarked by open
cast and underground mines in every direction as far as the eye can see. Hardly
any village in the area is unaffected by mining.
During the blockade, transportation of coal
from the two Gare Palma mines located in the Fifth schedule area of Tamnar
tehsil came to a complete standstill – thousands of coal-laden trucks were
stranded for days. This resulted in losses amounting to several crores of
rupees for South Eastern Coalfields.
The blockaded mines produce 6.9 million
tonnes of coal a year. They have changed hands a number of times in the past
few years. They were earlier allocated to Jindal Power Limited, but were
deallocated in 2014 by the Supreme Court as part of a judgement that
deallocated 204 coal blocks all over the country.
Jindal Power Limited then won the two
blocks in a fresh auction in February, 2015. However, since the final closing
bid price did not reflect the fair value of the mines, the government did not
approve the declaration of the preferred bidder (Jindal Power Limited) as the
successful bidder. The private firm has challenged this in court. In this ongoing battle, South Eastern
Coalfields Limited, an arm of Coal India Limited, was made interim custodian of
the two mines.
People’s demands
The Forest Rights Act recognises that
individuals have rights over the land that they have been historically
dependent upon, and that the forest dwellers have rights over the use and
management of those forests and the resources therein. The Panchayats
(Extension to Scheduled Areas) Act extended panchayat rule to tribal areas,
devolving powers to village-level gram sabhas, which play an important role in
participatory democracy.
The agitating villagers allege that both
these Acts have been severely violated in Tamnar. They say that forest land has
been encroached upon for the construction of the mines even though forest
rights have not been settled, and free and prior informed consent of the Gram
Sabhas had not been taken.
In addition, they are concerned about
environmental pollution, land degradation and a dramatic fall in the water
table, saying that mining companies have continuously flouted environmental
norms.
Rinchin, a land rights
activist working in the region, said that air pollution levels according to the
state-run Chhattisgarh Environment Conservation Board were high, but an
independent test done by the villagers and an environmental group have found it
to be alarmingly high. “The PM2.5 levels found in village Libra are almost 500
ppm [parts per million], which is 10 times the acceptable limit,” said Rinchin.
“The ground water levels in nearby villages have also dropped sharply since the
mines opened.”
A report by the Public
Health Engineering Department documents that ground water levels in over 100
villages in Tamnar had fallen by upto 100 feet since the mines opened. In close
to 40 villages, the water table has dropped by upto 150 feet. The report also
indicates that the area has become water scarce, a fact that hasn’t escaped the
notice of the local elected representatives.
Jindal Power blamed
The anger against
Jindal Power Limited is especially palpable. The villagers claim
that Jindal acquired Adivasi land through illegal means and have demanded an
investigation into the complete acquisition process. “The illegal way in which
Jindal took our land needs to be investigated by a high level committee,” said
Kanhai Patel of Kossampalli village.
Shivpal Bhagat, the
sarpanch of Kosampalli, said that Jindal Power was largely to blame for the
condition of the environment in the area. “The indiscriminate way in which
Jindal mined this land flouting every environmental rule has left our condition
vulnerable,” said Bhagat. “Any new owner also won’t be able to rectify it. They
need to be held accountable”. The locals also accuse
Jindal Power of being behind the several false cases filed against protesting
villagers.
Both Shivpal and
Kanhai, and several othervillagers, have been booked under the Indian Penal
Code under sections related to rioting and wrongful restraint. Rinchin echoed the
thoughts of villagers when she said that they weren’t really afraid of cases
being filed against them. “Jindal has filed so many false cases against them, a
few more are not going to scare them away,” she said. “The villagers are
demanding the quashing of all these false cases.”
How it started
The agitation started
with people from around half a dozen villages blocking the Tamnar main road
amid incessant rain on July 11. The people of
Saarasmaal, Libra, Kosampalli, Dongamoha, Kodkel and other neighbouring
villages were the first to besiege the mines. Seeing the strength of the
agitation, and recognising that they shared a common plight, villages not
directly affected by these two mines also started pouring in. At the forefront
of this second wave were those from villages affected by mines operated by
Hindalco. They were later joined by villagers from Sakta, Milupara, Saraitola,
Gare and Palma.
Asked about the
possibility of new mines in the area, all villagers were unanimous in saying:
“We will not let any new mines open up here, or let existing mines expand. We
demand a complete moratorium on the same.”
Getting to the
negotiating table
The villagers are
aware that the confusing document and ownership trail will make resolving legal
infractions difficult for them to navigate. “Now the custodian is SECL and then
the owner will be someone else,” said Bhagwati Bhagat, also of Kossampalli
village. “Who will pay for our losses? How will changing ownership ensure our
rights?”
The possibility that
the two mines might change hands again with the new owners overturning any
promises made by South Eastern Coalfields forced the affected villagers to ask
for a tripartite agreement between the mining company, the villages and the
district administration to ensure that any promises made are binding on the new
mine owners too. But though officials
of the mining company agreed to come to the negotiating table quite early on,
the district administration was initially hesitant.
Niranjan Patel, the
South Eastern Coalfields mines manager at Raigarh said on Saturday: “We have
suffered losses to the tune of Rs 4 crore to Rs 5 crore. Our output has fallen
from 18,000 tonnes to zero. We want to resolve this issue as soon as possible,
but the district administration needs to get involved. At present, the matter
is still stuck at the lower rungs of administration”. Repeated calls to the
Raigarh district collector, Alarmelmangai D, and to Tamnar tehsil’s sub
divisional magistrate, Vineet Nandanwar, by this author failed to elicit a
response.
A significant, but
cautious victory
However, early on
Monday, bowing to sustained pressure, on the orders of the district collector
three people – Vineet Nandanwar, officer on special duty ML Soni, and mining
manager Niranjan Patel – were ready to sign an agreement with the committee
constituted by the agitating villagers.
The agreement accepted
most of the villager’s demands.
The administration has
promised to investigate the accusations of illegal land purchase by Jindal
Power, including the cases of sale of tribal land to non-tribal people. It has
also promised to look into allegations that the Forest Rights Act had been
flouted. It has said that it will update the village committee with progress on
the investigations every 15 days.
The state
administration also assured the agitators that it would direct the Chhattisgarh
Environment Conservation Board to investigate instances of environmental
degradation and infringement of environmental clearance conditions by the
mine’s operators, as has also been ordered by the National Green Tribunal in an
ongoing case filed by these very villages.
Additionally, South
Eastern Coalfields has accepted the demand that it provide employment to
project-affected families and that it will not pursue any cases filed thus far
against protestors.
Though a significant
victory, a long history of broken promises has made the agitators apprehensive
about the state’s willingness to follow up on its promises. But they say they
are ready to get back on the ground with greater force if they find the mining
company or the state administration going back on its promises.
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