Unmasking the Deception: Scheduled Tribes Face New Threats Through Manipulated Public Hearings on Mining

 

Bharuch:

The indigenous communities of India, particularly those belonging to Scheduled Tribes, have long been the stewards of the land, living in harmony with nature for centuries. However, their existence and rights are increasingly under threat from modern development projects, especially mining. In a recent case involving silica sand mining leases in the Jhagadia Taluka of Bharuch district, Gujarat, a new form of exploitation has emerged—misleading public hearings that distort crucial data to favor mining interests over tribal rights.

 

The Issue: Misleading Data in Public Hearings

On August 13, 2024, a public hearing was held in Rajpardi of Bharuch Dist. Of Gujarat to discuss the environmental impact assessments for four proposed silica sand mining leases in the village of Damlai. At first glance, this public hearing appeared to be a routine procedure to ensure environmental and social safeguards. However, a closer examination reveals serious discrepancies and procedural irregularities that threaten the rights of the local Scheduled Tribe communities and other stakeholders.

 

Misleading Survey Numbers: A Tactic of Deception

One of the most glaring issues identified during the hearing was the use of misleading and incorrect survey numbers in the documentation. The survey numbers presented did not match those listed in the original lease deeds. For instance, in the case of On of The Mining Lease, the public hearing cited outdated survey numbers without clarification, leading to confusion and potential misguidance of the public. This pattern of misrepresentation was observed across all four mining leases, raising serious concerns about the transparency and legitimacy of the hearing process.

 

Violation of Tribal Rights and Legal Protections

The manipulation of survey data is not just an administrative oversight—it is a direct violation of the legal protections afforded to Scheduled Tribes under the Indian Constitution and relevant laws. The Jhagadia Taluka of Bharuch District, where the proposed mining leases are located, is a Scheduled Tribe area as per Article 244(1) of the Constitution, falling under the Fifth Schedule. The PESA Act (Panchayats Extension to Scheduled Areas Act, 1996) and the landmark Samatha Judgment by the Supreme Court explicitly protect tribal land rights in such areas.

Yet, the public hearing failed to respect these legal safeguards. The leaseholders, many of whom do not belong to the Scheduled Tribes, were granted extensions in clear violation of the Gujarat Minor Mineral Concession Rules, 2017, etc.? which stipulate that only members of Scheduled Tribes residing in Scheduled Areas can be granted mining leases.

 

Environmental and Social Impacts: The Unseen Consequences

The flawed public hearing process and the misleading data have far-reaching implications. If environmental clearance is granted based on this faulty process, there is a risk of unauthorized mining activities on agricultural land, agricultural land of Tribal Protected with 73AA etc., Gauchar (pasture) land, forest land, and even smasan (cemetery) land. Such activities would not only degrade the environment but also displace and disenfranchise the local tribal communities, further exacerbating their marginalization.

 

A Call for Action: Protecting Tribal Rights and Ensuring Transparency

Given the serious nature of these discrepancies, it is imperative that the public hearing be canceled and the mining leases re-evaluated in accordance with the law. The rights of the local Scheduled Tribe communities must be upheld, and any future hearings must be conducted with full transparency, ensuring that all relevant data is accurate and accessible to the public.

Furthermore, there is an urgent need for a thorough investigation into the procedural lapses and potential violations of legal protections. The Gujarat Pollution Control Board, CGM, along with other concerned departments, must review the environmental impact assessments and verify the accuracy of the survey numbers. The Gram Sabha's approval, as required by law, should be obtained before any further steps are taken.

 

Conclusion:

The case of the silica sand mining leases in Jhagadia is a stark reminder of the ongoing challenges faced by Scheduled Tribes in protecting their land and rights. The government, Bharuch Member of the Parliament shri Mansukhbhai D Vasava, MLA Jhagadia Shri Ritesh Vasava, Tribal Leaders, and relevant authorities must take immediate action to rectify these violations and ensure that the voices of indigenous communities are heard and respected. Only through such measures can we hope to achieve true justice and sustainable development that benefits all citizens, particularly the most vulnerable.

Dr. Bhavinkumar Shantilal Vasava, 

Bharuch