The apex court said social, political and cultural rights of indigenous people must be protracted and any industrial venture cannot be established in their areas without approval of their Gram Sabha.

Tribes can maintain relationship with land

Hindustan times Ranchi- Saturday April 20, 2013

ASSET- Supreme court says industrial ventures can’t be established without Gram Sabha’s nod.

New Delhi- With tribles being displaced due to industrialization and mining, the Supreme Court has held they have right to maintain relationship with their land, which is their most important asset.

The apex court said social, political and cultural rights of indigenous people must be protracted and any industrial venture cannot be established in their areas without approval of their Gram Sabha.

Land is their most important natural and valuable asset and imperishable endowment from which the tribal derive their sustenance, social status, economic and social equality, permanent place of abode, work and living. Consequently tribes have great emotional attachments to their lands. A bench handed by Justice Aftab Alam said.

Scheduled Tribes (STs) and other Traditional Forest Dweller (TFDs) residing in Scheduled Areas have a right to maintain their distinctive spiritual relationship with their traditionally owned or other wise occupied and used lands the beanch said.

Referring to Forest Rights Act, the apex court said the law intends to protect custom, usage, forms, practices and ceremonies, which are appropriate to the traditional practices of forest dwellers.

Of late, we have realized forests have the best chance to survive if communities participate in their conservation and regeneration measures. The Legislature also has addressed the long standing and genuine felf need to granting a secure and inalienable right to those communities whose right to life depends on right to forests and thereby strengthening the entire conservation region the bench said.  

The Court made the observation while adjudicating a case on mining in Nayamgiri hills of Odisha.

The apex court directed the state government to place issues concerning individual , commummity, cultural and religious claims of Sts and TFDs before the Gram Sabha which would take decision on the project.

Sustainable development is an integral part of the fundamental rights conferred on the citizens of India by the Constitution and cannot be allowed to get hampered with by the environmental degradation. The Supreme Court has said.

The satellite imageries placed before the court with regard to the environmental damage and destruction has shocked the judicial conscience” the bench said while referring to illegal mining in the state.”