People's Rights Over Resources are Ignored

By Bijay Mishra
Bhubaneswar ,25 th January

There is widespread resentment among the people as natural resources like mines ,minerals and land  are handed over to private companies ignoring People's Right over resources  and the  state's federal power.

Mr Prafulla Samantara ,President ,Lok Shakti Abhiyan along with Mr Lingaraj ,Kisan leader and Narendra Mahanty,NAPM State Convenor    alleged that the PMO through formation of PRGATI is dictating to handover our natural resources to private companies 

The Prime Minister chaired the 45th PRAGATI meeting on 26.12.2024 via video conference with the Chief Secretaries of various States/UTs and Secretaries of various Ministries/Departments and asked to clear major projects and carry out auction mineral blocks in the states. As a follow up the Chief Secretary of Odisha has written a letter on 30.12.2024 to all secretaries of the departments and the concerned collectors conveying the action points discussed in the PRAGATI meeting asking to speed up auctions of major minerals in the state and issue letter of intents (LOIs) to the companies immediately for the operation of the mining leases. 

Launched in 2015, the PRAGATI platform (Pro-Active Governance And Timely Implementation) has served as a new institutional model of centralising governance and decision-making involving the PMO, Union Government Secretaries and the Chief Secretaries of the State governments. “ PMO has allowed the PRAGATI platform to, bypass constitutional, statutory and legal processes of decision making on forest and environmental clearances, undermine constitutional rights of communities- Adivasi and other marginalized communities- protected under the Constitutional provisions of 5th and 6th Schedule, PESA and Forest Rights Act, undermines the federal structure of decision making and interferes with the powers of the State governments. “- alleged Mr Samantaray.

“It is a matter of grave concern that the PM and PMO, while making decisions through PRAGATI, has ignored the interest of the State and the people in Odisha. Also ignored the fact that the mineral resources are located mostly in the Scheduled Areas of Odisha and areas of Adivasi and other traditional forest dwellers having legal rights under PESA and Forest Rights Act. Therefore the decisions taken by the PMO can directly impact a large population of the Adivasi and other communities in the state who are already affected due to mining and forest diversions. “ - told Mr Lingaraj . Not only that but the decisions taken by the PMO through the PRAGATI platform- by passing constitutional and statutory processes of decision-making- would lead to illegal mining in the state. 

The State government has a constitutional obligation to protect state interests and the rights of communities. The Mineral (Auction) Rules, 2015 (2015 Rules) under the Mines and Minerals (Development & Regulation) Act, 1957 (MMDRA) require the State government to ensure compliance of Article 244 and the Fifth Schedule and Sixth Schedules to the Constitution of India, the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA). Therefore the State government must ensure that the process of auction of mining leases in the State of Odisha are fully compliant with the constitutional and statutory laws as mentioned above.
Since 2019 many mining leases of Bauxite,iron ores and coal hav been given through illegal auctions . The Activists demanded to withdraw all these mines   as  CAG has reported that without consent of  Gram Sabha as per FRA  auction is illegal.
Mr Samantaray urged the CM and the Government to bring legislation to protect our natural resources along with Gandhamardan for future generations.