Niyamgiri case
Also called: Orissa Mining Corporation v. Ministry of Environment and Forests (2013) · Topic: Special Provisions, Scheduled and Tribal Areas · NCERT: Class 7, Ch 6 "The State, the Government, and You"
Meaning
The Niyamgiri case, Orissa Mining Corporation v. Ministry of Environment and Forests (18 April 2013), was a Supreme Court judgment on a bauxite mining plan in Odisha's Niyamgiri hills. The Court held that the gram sabhas, the meetings of all village voters, must decide whether the mining would harm the religious and forest rights of the Dongria Kondh tribe. Those rights were protected under the Forest Rights Act 2006. The case is India's main model of free, prior and informed consent: the people affected must agree freely, before the project starts, and with full information.
Example
After the judgment, all twelve gram sabhas that were consulted rejected the project. In January 2014, the Environment Ministry refused clearance for the mine.
Don't confuse with
- Samatha case (1997): this was about who can be given land for mining in Scheduled Areas (no private non-tribal companies). Niyamgiri was about whether the gram sabha consents to a project.