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Published on
October 4, 2016
July 7, 2022
Edited on
October 4, 2016
In Chhattisgarh, tribal communities and activists have opposed the Rowghat Iron Ore Mine project in Matla Reserve Forest in Narayanpur and Kanker districts. They fear mining may have an adverse impact on the forestland and the region's flora and fauna and also disrupt their cultural and religious practices.
The project, purposed for Bhilai Steel Plant (BSP), is over three decades old. In June 2009, the project received environmental clearance for 2,028.797 hectares of forestland. However, it got the Stage-II forest clearance for only 883.22 hectares. According to the 2006 Rapid Environment Impact Assessment report, the project would displace households from at least 35 villages and lead to massive deforestation.
The public agitation fuelled after the process for constructing the 235-kilometre-long Dalli - Rajhara - Rowghat - Jagdalpur railway line began.
In response to the public protests, the administration heavily militarised the region to curb resistance. Reportedly, BSP funds many of these security camps. The local people have reported many instances of harassment, arrests and intimidation. There have also been reports of Naxalite-led opposition to the project.
In January 2014, Badri Gawde, a local social worker and political activist from the region, founded the Rowghat Bachao Sangharsh Samiti. However, soon after the protests gained momentum, he was arrested and allegedly falsely charged under the Public Security Act for aiding Naxalites. A 2016 news article reported that the next leader of the Samiti was imprisoned as well.
In February 2014, Chhattisgarh Bachao Andolan (CBA) released a statement to raise objections against the project and highlighted the procedural violations in its execution. The CBA provided evidence to claim the violation of the Forest Rights Act (FRA), Panchayats (Extension to Scheduled Areas) Act, and Forest Conservation Act. The organisation raised questions over the 1,145 hetares of dense forestland left out from the purview of the forest clearance lease, which gave the company liberty to exploit the forestland. Based on a field survey, the CBA also reported discrepancies in the No Objection Certificates acquired from the affected Gram Sabhas and claimed that many of the affected villages lacked prior knowledge of the project.
Meanwhile, some of the affected communities attempted to file Community Forest Rights claims with the support of an NGO. However, in 2015, the sub-divisional magistrate reportedly cancelled these claims. Following this, the state government took over the filing of claims. In many cases, the rights are yet to be settled or have discrepancies. In the same year, the Rowghat mine became operational.
According to a media report, the communities also filed a petition to object the mining activities citing the religious significance of Rowghat for the Gond tribe. The petition challenged the forest clearance granted to the project without the settlement of FRA claims. The case is ongoing in the Chhattisgarh high court.
In 2017, SAIL signed a contract with two private companies to develop the mine for 30 years. In June, the environment ministry approved an amendment to the environmental clearance to transport the iron ore through a road corridor until 2021 to accommodate the delay in constructing the railway line. This was met with strong opposition from the affected villagers who were agitated by the possibilities of the rise in pollution, procedural violations and the lack of compensation. In 2020, a newspaper reported that the company would soon start “interim mining” in the region.
In February 2021, a resident of Madpa village challenged the amendment permitting the interim road corridor. However, the court quickly dismissed the petition citing adverse economic consequences of hindering a mining project of national significance.
In May 2021, 12 affected Gram Sabhas in Antagarh block submitted a memorandum to the district collector to complain against the delay in the implementation of welfare schemes by BSP.
Currently, the project work is ongoing with support from the government. Meanwhile, there has been no progress in the settlement of rights claims or compensation.
Opposition against environmental degradation
Demand for legal recognition of land rights
Complaint against procedural violations
Demand to retain/protect access to common land/resources
Refusal to give up land for the project
Rural
Common and Private
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
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
2500
Type of investment:
Cost of Project
Year of Estimation
1980
Page Number In Investment Document:
5
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Forest and Scheduled Area Governance Laws, Land Acquisition Laws, Environmental Laws, Other
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-implementation/violation of FRA
Violation of environmental laws
Controversial land acquisition by the government
Forced evictions/dispossession of land
Lack of legal protection over land rights
Non-implmentation/violation of PESA
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Arrest/detention/imprisonment
Blackmail/threats/intimidation
Whether criminal law was used against protestors:
Yes
Reported Details of the Violation:
Leaders and community members were arrested while protesting against the upcoming railway line under fake charges. In addition, there is widespread threat and fear that has been created by the presence of numerous security camps in the region which are suppressing dissent of any form.
Date of Violation
Location of Violation
Antagarh
Nature of Protest
Advocacy (for inclusion in courts)
Campaigns (grassroots organisations/press releases/media)
Complaints/petitions/letters/memorandums to officials
Protests/marches
Development of a network or collective
Government Departments Involved in the Conflict:
National Mineral Development Corporation, Bhilai Steel Plant
PSUs Involved in the Conflict:
Steel Authority of India Limited
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Madia Gonds, Abuj Madia and Madia tribal communities
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?
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