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Updated by
Published on
April 18, 2023
April 20, 2023
Edited on
April 18, 2023
In April 2022, residents of Gopalpura panchayat, led by its Sarpanch (or head representative), Savita Rathi, began a sit-in and hunger strike in Rajasthan. Located in Churu district, Gopalpura residents were opposing the state government's decision to reduce the limits of the eco-sensitive zone (ESZ) around the Talchhapar sanctuary.
Community members claimed the government's decision came in the face of pressure by companies that carry out mining and stone crushing located within a radius of 10 Km of the sanctuary. The panchayat residents are concerned that a reduction in the ESZ's area would impact the flora and fauna of the area. They are also concerned about the damage it might do to the 'oran' or sacred groves hillock called Balaji ki dungri (hills), which lies in the ESZ. Speaking to LCW, Savita Rathi said, "the Balaji ki Dungri is about 500 bighas of common land that is used by the community members for grazing their animals".
The rainfall received on the hillocks percolate into talabs or ponds to provide water for the wildlife and communities in and around the national park. Exclusion of this area from ESZ would be detrimental to the community as they still depend on the land and the talaab behind the land," added Rathi.
The Talchappar sanctuary is home to many protected wild animals, including Blackbuck, which is considered sacred by the Bishnoi community of the area. Keen to protect the animal, they along with other communities came together to protest against the mining activities. This was covered by the local media. Mining activities have been going on in the area for quite some time now, but outside the ESZ. But over the last few years, water has been percolating in the mining pits, rather than the talaab - which is the main source of water for the community and wildlife.
Taking note of the news, Jodhpur High Court took up this matter on a suo moto basis as a public interest litigation in April, 2022. The court ordered a stay on any reduction of the limits of the Talchappar sanctuary. In August 2022, the High Court issued certain directives to multiple government agencies to ensure protection of wildlife, particularly Blackbuck. These agencies were required to submit a compliance report regarding this to the court in November 2022.
In_ June _2022, the Supreme Court while addressing another matter in Goa, passed an order stating that a minimum width of 1 km must be maintained for eco-sensitive zones around protected areas. According to Aman Singh, founder of KRAPAVIS, a civil society organisation based in Rajasthan, in August 2022, the High Court then referred the decision made by the Supreme court. Following which the Rajasthan State Government was asked whether they are in favour of keeping the range as it is or reducing it to 1 km. The High Court also mentioned that the communities can approach the Central Empowered Committee (CEC) to challenge the 1 km range.
The community members LCW spoke with informed that they are in the process of approaching the CEC.** **
Opposition against environmental degradation
Demand to retain/protect access to common land/resources
Demand to reverse decision of reducing extent of eco-sensitive zone around Tal Chappar Wildlife Sanctuary
Common
Forest and Non-Forest
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Other environmental services
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
Yes
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Non-consultation with stakeholders
Violation of environmental laws
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
Malhotra committee
Name(s) of the Court(s)
High court of Rajasthan (Jodhpur)
Case Number
DB Civil Writ 6162/2022
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Advocacy (for inclusion in courts)
Hunger strike
Protests/marches
Media-based activism/alternative media
Complaints/petitions/letters/memorandums to officials
Campaigns (grassroots organisations/press releases/media)
Involvement of national and international NGOs
Government Departments Involved in the Conflict:
Rajasthan State Forest Department, Rajasthan State Revenue Department, Rajasthan State Mining Department, and District Collector of Churu
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Mining and stone crusher companies operating in the area
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Local communities, Gram Panchayat, Local activists, Sarpanch of Gopalpura Gram Panchayat- Savita Rathi
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Meeting with community and Dharna
Image Credit:
KRAPAVIS Team
Meeting with community and Dharna
Image Credit:
KRAPAVIS Team
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