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Nimalapedu
Zero
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The milestone read Nimalapedu 0. We had travelled through
the forest regions of Vishakapatnam, Andhra Pradesh, to this
tribal village, which we knew had stoutly resisted and tamed
the might of the Birlas when the latter was given a lease to
mine calcite in their backyard. This was the village whose
battle led, in 1997, to a historic judgement of the Supreme
Court that put a stop to the greed of private companies, eager
to get their hands on a lease for land in tribal areas to mine
or set up a factory. Named after the dynamic tribal rights
organisation that took the case to the high court and thence
to the Supreme Court on behalf of the villagers — Samata — the
judgement today is the biggest thorn in the sides of those who
have a vested interest in inviting private and foreign mining
companies into such areas.
We walked to Nimalapedu.
How had they persisted in a fight that took over 10 years? we
asked a group of men. What we heard is amazing in its
simplicity. “One day we found a few men wearing half pants,
with chisels and hammers and magnifying glasses, in our
village. This was around 1988. Then they came with drilling
machines and started making wells. Nobody told us who they
were and why they had come. But then, revenue officials came
and asked a hamlet to leave. They offered Rs 5,000. More men
came, tractors started leaving loads of stone here and there.
Nobody spoke to us. But we heard that a road was to be built.
Talk spread that we would all have to leave.”
“We
decided to fight. Nobody went for labour on the road. Then we
heard that close by in the Borra caves, an organisation was
helping to stop mining. We approached them. They said we
should file a case in the high court. But we lost the case:
our lawyer was paid off by the company. This was around 1995
and then Samata said that they would take the matter to the
court in Delhi.”
Did all the villages agree to oppose
mining? The answers were less forthcoming. “Yes, it was
difficult. Many of our neighbouring villagers had been
promised money and jobs. They wanted the road. Government
officials came to us to threaten us again and again. We said
we would not succeed. But we did not give up.” A pause. Then,
sadly: “Even now they do not give us jobs as coolies. They say
you opposed us then. We will do nothing to help you
now.”
So what happens now? I asked looking particularly
at the young men. The answers dried up. As we left, my
colleagues and I were asking ourselves two questions. How long
would the village hold out in this way in the future? How long
would it be before another mining company, another Birla,
bamboozles its way in, with state protection?
This is
the determining issue, not just for Nimalapedu, but the entire
region. The region is phenomenally resource-rich. Bauxite,
chromite, calcite, gemstones, locked up in a land of poor and
powerless people. For instance, 90 per cent of all bauxite
available in India is found in the largely tribal districts of
Orissa, Madhya Pradesh and Andhra Pradesh. The Samata
judgement ruled that the state had no right to grant leases —
even on government-owned forest land — to private companies in
areas governed by the Fifth Schedule of the Constitution
(tribal scheduled areas). The state government was directed to
stop all private mining within scheduled areas. Only
cooperative societies, comprising solely of scheduled tribes,
could exploit mining operations in such areas, subject to the
compliance of the forest conservation act and forest
protection act, said the court.
But the government is
hell-bent on changing this. Parliament is discussing an
amendment to the Mines and Minerals Regulation and Development
Act that will overturn the Samata judgement. States are
desperate. They need the cash and see private capital as their
best bet. They see pure lucre in royalty they will earn by
leasing lands. Last year Orissa, sidestepped the law, arguing
that the judgement wasn’t binding on them. For governments
today, court restrictions and the various acts that protect
resources such as forests are unnecessary obstacles that need
to be removed as fast as possible.
For us, the issue
is: What, then, are the options for Nimalapedu, and all the
other villages in these mineral rich lands? How do they hold
off miners, who will work closely and securely with
governments? Can they build a future around mining? Can mining
be regulated, so that they benefit? Or is there another way to
development?
Which brings me to another question. It
was March. I was expecting, while travelling, to see dry,
destitute lands and empty homes, the men already migrated for
work. But Nimalapedu was different. Rice crops glistened in
carefully sculptured fields. It was the village’s third crop
of the year. Streams from the forest above the village
irrigated the fields. I asked them who the huge amount of land
on the sides of the village belonged to. “To us,” was the
answer. By all indicators they should be rich. But by all
evidence they are poor. They do not have education, health
services or cash for additional food and facilities. But they
are also extremely rich in resources. It is just that they do
not have the wherewithal to turn these into productive assets.
That is where the tragedy really lies. But to correct this, we
would have to redefine what we mean by poverty, and how wealth
should be generated.
The piles of stones are still
there, ready to become a road.
— Sunita Narain
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