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Although there are tons of newsreports on the Saxena Committee report on Vedanta which quote extensively from the allegations of the committee there is very little (and mostly soundbites) from the perspective of the Odisha government and Vedanta.

The following by Nilmadhab Mohanty (a senior Fellow, Institute for Studies in Industrial Development, New Delhi) is from http://business.rediff.com/slide-show/2010/aug/25/slide-show-1-a-few-disturbing-questions-in-the-vedanta-issue.htm. I am not sure I agree with all the points mentioned below. But it is one of the few articles that is from the other side and hence worth pondering.

The decision of Union Minister for Environment and Forests Jairam Ramesh not to grant Stage II forest clearance to the proposal of the Orissa Mining Corporation (OMC) for bauxite mining in Niyamgiri in Orissa has been welcomed in many circles, in particular by the environmental activists, for the protection it will provide to an ecologically sensitive area of the country and to the Kondh tribes (and Dalits) living in the area.

There are, however a few disturbing questions that need to be answered by the ministry in order to buttress the minister’s claim that the decision was an objective one with no prejudice or politics influencing it.

First, the manner and time-line followed in the decision-making. The Orissa state government seems to have applied for final clearance in August 2009.

The Forest Advisory Committee (FAC) has been deliberating the proposal at least since November 2009. In addition to the information submitted by the State and the central government’s own agencies, it had the benefit of the recommendations made by a three-member expert group which submitted its report in February 2010.

FAC then asks for yet another committee under the Ministry of Tribal Affairs, which is the nodal agency in the central government for tribal rights. The environment minister, however, appoints his own committee (the Saxena Committee) in the last week of June 2010.

Then the pace quickens: The environment minister writes to the law ministry on July 19 to obtain the Attorney General’s opinion if the ministry of environment and forests (MoEF) apply its mind and decide in the light of the Supreme Court’s earlier decision giving forest clearance.

The AG replies promptly on the following day; Saxena submits report on August 16, FAC deliberates without much loss of time and submits recommendations on August 23, and the minister announces his decision with a 20-page reasoned order on August 24, 2010!

The must be a record in governmental working! The affected party, namely the Orissa government, is hardly given any chance to given an explanation to the MoEF.

In fact, the hapless Orissa officials seem to have met the minister on August 24 when he was in a tearing hurry to announce his decision!

Second, OMC’s proposal for forest clearance for the Niyamgiri bauxite mines is separate and distinct from Vedanta Aluminium Ltd’s (VAL) aluminum refinery project, although bauxite is meant for the refinery. Why have these two cases been mixed up in the minister’s order?

Forest clearance is a statutory requirement under the Forest Conservation Act 1980 and the FAC was deliberating on the subject on the request made by OMC/Orissa government and the minister is within his rights to act on their recommendation.

If VAL violated the conditions of its approval or even the Environment Protection Act, it could have been proceeded against separately.

After all, the MoEF’s eastern regional office had sent its communication reporting violations in May 2010. By combining the two issues the ministry gave the unfortunate impression that it was targetting Vedanta rather than dealing with forest clearance for Niyamgiri mines.

One of the major issues raised by the Saxena Committee and endorsed by the minister is the potential ecological and human costs of the mining project.

In fact, this is an issue which is relevant not so much during forest clearance procedure but more appropriately during the impact assessment study under the Environment Protection Act.

For Niyamgiri both ‘in principle’ forest clearance and environmental clearance had been given. Besides, the ‘in principle’ approval was given in October 2007, a month before the Supreme Court’s order on the subject.

Did the MoEF discover the ecological and human costs only after receiving the Saxena Committee report?

The main thrust of the Saxena Committee report and about the only valid reason for denying final forest clearance for the Niyamgiri mines appears to be the alleged non-recognition of the forest rights of the tribals and absence of consent from the concerned communities for diversion of forest land.

There seem to be a few complications on this issue. For one the Saxena Committee has given very liberal and wide-ranging definitions of ‘forest’ and ‘forest rights’ as per its interpretation of the Forest Rights Act. It is another matter that the interpretation of statutes is a responsibility of the courts, not of a committee appointed by a minister!

The Saxena Committee, for example, defines ‘forest’ to include ‘forest dwellers’ as well as ‘trees and wildlife’, literally overturning the Apex Court’s definition of ‘forest’ in the famous Godavarman case.

It also interprets communal and habitat rights of the primitive tribal groups to extend beyond their areas of residence to cover the entire eco-system.

Since the Forest Rights Act is a new piece of legislation these issues will need to be settled by the courts in due course of time, keeping in view the practicability of implementation.

In any case, the Orissa officials seem to have argued that they had complied with the legal requirements of the legislation (which, by the way, came long after the mining proposal was mooted) to the best of their ability.

Surely, Saxena and the MoEF cannot both be the prosecutor and the judge on this matter!

Also, what about development — both of minerals, which are the nation’s dormant resources, and the tribal groups, who inhabit the area?

 

From the Saxena Committee report (which is silent on this subject), it would appear that Mr Saxena would like them to continue as ‘forest dwellers’ in perpetuity so that they continue to enjoy their ‘forest rights’, living on roots and herbs and we continue showcasing their primitive tribal identity and abject poverty nationally and internationally!

Finally, what happens to the considerable investment that has gone into the industry?

Environmental and forest clearance procedures are about balancing the needs of development with those of conservation. To the extent possible the project proponents, including the state government, should be given an opportunity to correct the deficiencies. (After all it is the state government, not OMC/Sterlite-Vedanta, that has to settle the forest rights).

It is true that in extreme cases permission will have to be denied but that should have been before the start of the refinery when the required clearances were given.

To do so now will be unfair and damaging to the government’s reputation for objectivity.

 

 

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Following is from Sreelatha Menon’s article in Business Standard regarding what violations the environment ministry claimed that occurred. 

The Saxena Committee has drawn up a litany of infractions at Niyamgiri by both Vedanta and the Orissa government.

The road leading up to the Centre’s denial of permission to Vedanta Alumina Ltd to mine for bauxite in the Niyamagiri hills of Lanjigarh has been lined with gross violations and misrepresentation by both the company and the state government of Orissa.

The NC Saxena Committee, set up by the Ministry of Environment and Forests, details the manner in which laws have been flagrantly flouted to facilitate a project that has been aggressively opposed by tribal groups in the area.

The panel’s findings show that the Forest Rights Act, Forest Conservation Act, Environment Protection Act as well as Panchayats (Extension to Scheduled Areas) Act, which applies to scheduled tribes covered under Schedule V of the Constitution, have been the main casualties as far as the Vedanta project is concerned.

The alleged breach of laws by the company in collusion with the state government and made possible by the Centre’s neglect resulted in the company obtaining illegal possession of 26 hectares of village forest land without ever obtaining appropriate clearances. It was on the verge of launching mining operations the moment it received forest clearance, jeopardising not only the life and culture of the indigenous tribal groups, which are protected under Schedule V, but also in contempt of a statute expressly designed to empower tribal communities: the Forest Rights Act.

Felling the Forest Rights Act: The most blatant violation, the Saxena panel states, has been that of legislation drawn up specifically to give forest dwellers a voice. It also gives them the authority to agree or not to a project that affects the forests they lived in. In the case of the Vedanta project, the law just did not seem to exist. The state government chose not to consult gram sabhas of the villages or to issue any statement on their response to the Centre.

And in spite of this, 26 hectares of forest land has been in the possession of the company’s refinery and forest clearance for more forest land was pending for the mining project.

How PESA was ignored : According to the Saxena Committee, PESA , there was scant regard for the Panchayats (Extension to Scheduled Areas ) when it came to pushing the proposed mining lease for Vedanta. Indeed, the state government blatantly violated it.

This Act requires the authorities to consult elected village bodies such as a panchayat or Gram Sabha before the acquisition of land for any development projects located in tribal territories listed under Schedule V. Authorities also have to consult the Gram Sabha or Panchayat before resettling and rehabilitating those affected by such projects. None of this was done.

Stolen forests: The Saxena report lists several alleged irregularities by Vedanta in Niyamagiri. Occupation of village forest land for the construction of its refinery tops the list. On August 16, 2004, Vedanta Alumina submitted a proposal for the appropriation of 58.943 ha of forest land — 26.123 ha to set up a refinery at Lanjigarh and the remaining for a conveyor belt and a road to the mining site. The forest lands required for the refinery, in a number of small patches, traditionally belonged to the tribal and other communities in neighbouring villages.

However, while filing for environmental clearance on March 19, 2003, the company claimed that no forest land was needed and that there were no reserve forests within 10 km of the proposed refinery. The Saxena Committee says this claim was patently false, since the reserve forests are less than 2 km from the refinery site. Even the factory is located on forest land belonging to the villagers.

The Environment Ministry accorded environmental clearance to the refinery on September 22, 2004, on the basis that the project did not involve appropriation of forest lands. Since this clearance was acquired by submitting false information, it is invalid and should be revoked, the committee headed by Saxena had recommended.

EPA violations: The report also finds the company guilty of violating mandates of the Environment Protection Act (EPA). Environmental impact assessments required under the EPA are inadequate and do not examine the full implications of the refinery and mining project on the environment, particularly those related to hydrology. The report says no effort was made in the Vedanta mining project (and aluminium refinery) to solicit the informed consent of affected villages.

It says “the required number of public hearings’’ were not held and the” Environmental impact assessments, which contain data essential for informed decision-making and consent, were not made available. Even critical information, such as the fact that the project would occupy their village forest lands, was not disclosed.’’

In a 2003 public hearing, no member of the affected Dongaria Kondh tribe was recorded as being present—a basic violation of their right to consultation and informed consent. Besides suffering from the same shortcomings as the 2003 public hearings, a public hearing in 2009 for refinery expansion distorted and reinterpreted the proceedings: the official minutes of the meeting record that the project met with widespread community support, even though only one person out of 27 spoke in favour of the project.

Violator and polluter, too: When the environment ministry granted environmental clearance to the aluminium refinery, it was subject to strict compliance and identified a list of other key conditions for management of waste from the refinery. It also required that the company strictly adhere to the stipulations made by the Orissa State Pollution Control Board (OSPCB).

But in the course of the refinery’s operations between 2006 and 2009, Vedanta Alumina repeatedly failed to adhere to these requirements. Between 2006 and 2009, the OSPCB documented numerous instances whereby the company had failed to put in place adequate pollution control measures to meet not only its own conditions, but also those of the Environment Ministry. OSPCB findings indicate that the company commenced operations without the necessary systems to adequately manage waste and pollution. Some processing and waste management systems were not built or operated in conformity with applicable regulatory requirements.

Expansion without clearance: The most shocking violation on the part of the company has been its six-fold expansion of the refinery without even obtaining clearance from the ministry. It had received sanction to set up a capacity of 1 million tonnes, but it has gone on to expand to 6 million tonnes without any approvals. This was in spite OSPCB strictures to its January 12, 2009 memo, asking the company to immediately cease construction related to expansion of the refinery as it had not obtain the required permissions, including the environmental clearance.

Tribal groups, which have been fighting on behalf of the Dongaria Kondhs, are now finding these violations, especially Vedanta’s illegal possession of 26 hectares of forest land, as the starting point for the second part of their struggle. Says Prafulla Samantara, who petitioned the Supreme Court on behalf of the tribals: “The report calls the refinery illegal and it has to go. Our fight will continue until it is shut down.” But Saxena feels that the refinery may continue and get raw material from other mines.

The violations in the case of Vedanta have been documented and accepted by the Centre, with the ministry refusing permission for mining operations in Niyamagiri. Tribal groups ask if this report and the consequences would have any implications on several other projects where similar violations have been raised to deaf ears. Forest Rights Act violations have been alleged against Posco, as well as several other mining projects, but the state and Central governments have so far shown no indication of reviewing them, says Campaign for Survival and Dignity, an umbrella group of tribal rights organisations.

 

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•  The Saxena Committee report (pdf) is here.

   

 

Following is from the PIB http://pib.nic.in/release/release.asp?relid=62636 which brought our attention to the zonal cultural centers funded by the Ministry of Culture, Government in India. By looking at the web page of the Eastern Zonal Cultural Center in Kolkata, it seems like all of the infrastructure of this center is in West Bengal.

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The aims and objectives of the Zonal Cultural Centres (ZCCs) are to preserve, promote and disseminate the arts, specially folk/tribal arts of the country. The ZCCs endeavour to develop and promote the rich diversity and uniqueness of various arts of the Zone and to upgrade and enrich consciousness of the people about their cultural heritage.  

There are only seven ZCCs in the country. Though no ZCC has its headquarters in Karnataka, the state of Karnataka is a member of the South Zone Cultural Centre (SZCC), having its headquarters at Thanjavur and also of South Central Zone Cultural Centre (SCZCC) having its headquarters at Nagpur. 

The details of ZCCs, location-wise and the schemes/programmes organised/executed by each centre, ZCC-wise are annexed.

Annexure

Government has set up seven Zonal Cultural Centres (ZCCs) having headquarters in various part of the country as per the details given below:-

 

 

  The ZCCs have been carrying out various activities in accordance with their aims and objectives:-  

                   I.            National Cultural Exchange Programme: With a view to present art forms of one region to another and expose the diverse cultural heritage of each region to the rest of the country, the folk/tribal artistes are sent on exchange manner to participate in the programmes organized by the seven Zonal Cultural Centres.

                II.            Guru Shishya Parampara Scheme:  The Scheme was introduced in 2003-04 with a view to promote development of new talents in the field of music and dance, folk and tribal art forms, under the able guidance of Gurus. 

             III.            Young Talented Artistes Scheme:  The Scheme was introduced during the year 2004-05 to recognize and encourage young talents in the various Folk/Tribal arts forms in different regions in the country.

            IV.            Documentation of Vanishing Art Forms:  Under the Scheme, documentation of various folk and tribal art forms is undertaken, especially of those which are seen to be vanishing.

               V.            Shilpagram Activities:  ZCCs have set up Shilpagrams at Chandigarh, Khajuraho, Udaipur, Guwahati, Allahabad and Shantiniketan to encourage various forms of folk/tribal arts and crafts from rural India. These Shilpagrams are attracting a large number of domestic as well as foreign visitors. Through these Shilpgrams, a number of artistes and artisans are benefited and a large number of people are made aware of our rich cultural heritage.

            VI.            Loktarang – National Folk Dance Festival and OCTAVE – Festival of the North East: All the ZCCs participate in these National level festivals organized every year in New Delhi and/or other places. A large number of folk/tribal artistes from all corners of the country performs during these festivals to showcase the diverse folk/tribal arts of our country.

 

 

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Following is from the "About Us" page of the Eastern Zonal Cultural Center.

 

The idea for Zonal Cultural Centers germinated in the mind of our late Prime Minister, Rajiv Gandhi. At his instance, several centers were set up. They represent the effort on the part of the Government and the people to preserve and protect our rich cultural heritage and to bring it closer to the lives of the people. With each State or Union Territory belonging to at least one Zonal Center, the objective is to foster amongst the people within each zone and among zones, much greater cultural exchanges and understanding. This not only results in a better understanding of our heritage but also brings out the underlying unity of our diverse cultural traditions.

A self-transforming civilization that defies any attempt to freeze it in space and time, living India is a mosaic of varied cultures, layer upon layer, tempered in a history of a common vitality.

Since independence, it has been the concern of the Government of India to encourage the evolution and consolidation of Indian culture by bringing its different streams closer and by making people of various regions know and understand each other’s distinctive traits in a spirit of appreciation and acceptance of the unity in diversity within this country.

The establishment of the Zonal Cultural Centers, in collaboration with the State Governments and Union Territories, is one of the measures taken by the Government of India to achieve this objective.

The Eastern Zonal Cultural Center (EZCC) covering the states of Assam, Bihar, Jharkhand, Manipur, Orissa, Sikkim, Tripura, West Bengal and The Union Territory of The Andaman and Nicobar Islands is one of the seven such Zonal Cultural Centers set up by the Government of India with a view to culturally integrate the states and Union Territories as a part of the program of national integration.

Since its inception in 1985 the EZCC has been functioning as a cultural nerve center, between and among the numerous ethnic cultural centers/groups of excellence of the eastern parts of the country. The Center strives through its various activities to enrich, promote and strengthen these traditions. The Center is totally dedicated to the promotion, projection and dissemination of our traditional culture.

Over the past several years, the EZCC has been able to infuse among people a conscious appreciation of the rich cultural heritage of its own zone as well as other parts of the country through its manifold programs of folk, tribal and classical dance music and dance, documentation and publication, workshops, as well as its exhibitions on arts and crafts.

The numerous fairs and festivals, seminars and symposia organized through out the year are efforts to combat the constant onslaught of the electronic media.

The Center is under the overall supervision of the Department of Culture, Ministry of Tourism and Culture, Government of India and is headed by the Director. His Excellency the Governor of West Bengal is the chairman of the EZCC.

The more we try to unravel the mysteries of our own many splendoured culture, the more we perceive the underlying strength of unity and harmony that rises above all differences and distinctions and enmeshes us in its inherent bonds. This is what we are committed to project and promote.

The following is from the Infrastructure page of the Eastern Zonal Cultural Center.

A. The Bharatiyam Cultural Multiplex is situated at IB-201, Sector III, Salt Lake City, Kolkata 700106.

The facilities available at the Bharatiyam Cultural Multiplex include

 

• Purbashree (Main Auditorium)
  Air conditioned auditorium measuring 7850 square feet, having a capacity for over 900 persons.

• Rangmanch (Open Air Theatre)
  Open Air Theatre measuring 4000 square feet has been built with a seating capacity of about 400 people.
• Naat Ghar (Studio Theatre)
  Air conditioned studio theatre measuring 1200 square feet has a seating capacity for 100 persons.
• Sobha Ghar (Art Gallery)
  The air-conditioned art gallery measures 3280 square feet. The exhibition wall is provided with track lighting.

Karmashala-I and II (Workshop Rooms) The air-conditioned workshop rooms measuring 610 square feet each are used by the EZCC to hold a variety of workshops on instrumental/ vocal music, performing arts, doll making, painting etc.
Kala Mandap The open air space measuring 4270square feet is ideal for holding crafts fairs and other festivals. Beautiful sculptures made by eminent artists give the place a perfect ambience.

• Food Court
  The open air Food Court measuring 2000 square feet with its ethnic background is an ideal place for hosting food festivals etc.

 

B. The Aikatan Cultural Center is situated at IA-190, Sector III, Salt Lake City, Kolkata 700097.

The facilities available at the Aikatan Cultural Complex include

Air conditioned auditorium which has a seating capacity for 110 persons. It is ideal for seminars, workshops, lecture demonstrations and cultural programs. Dormitory facilities for men/women in two halls with 32 beds in each Dining hall

 

C. SRIJANI, the Shilpagram Complex of the EZCC is situated in Santiniketan, Bolpur in Birbhum District of West Bengal.

 

This unique cultural center provides a conducive and infrastructure to nurture our traditional arts and crafts. The complex comprises of huts, representative of EZCC’s member states. The huts incorporate traditional architectural features and design.

 

 

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The question is if the Eastern Zonal Cultural Center is supposed to cater several states in the Eastern part of India, including Odisha, why is all of its infrastructure in West Bengal.

This means the system of zonal cultural center is not working. The GOI must exapnd it to all major states and establish a similar center in Odisha. Odisha CM must lobby for it and make sure it is included in the next five year plan starting from 2012.

 

I was browsing through the web pages of the Project Report on Indian National Expressway Network at http://www.morth.nic.in/writereaddata/sublinkimages/Final_Report_Part13901147970.pdf

It is a masterplan for Indian National Expressway network developed by Craft consultants which was probably hired by the Ministry. The final version of it is dated November 2009.

In that report, they have mentioned feedback received from various states such as Bihar, Chhatisgarh, Gujarat, Karnataka, Kerala, MP, Pondicherry, Punjab, Rajasthan and UP. They have taken this feedback into account in making their masterplan.

Unfortunately, Orissa is missing in the list. In other words Orissa probably did not give them any feedback or if it did then not in time.

As a result there is no new expressway in Orissa during the first phase ending 2012. (The GQ is not counted as part of the first phase.) In the second phase  (2012-2017) Orissa has a very very small portion. Only in the third and 4th phase is there a substantial portion in Orissa. Even then there is no east west expressway connecting the capital area with western Orissa directly. Such connectivity between the capital area and western Orissa is extremely significant.

This is gross negligence on the part of Orissa to not have sent feedback to correct the above slights in the master plan for the expressways.