The commission has urged the State to conduct a comprehensive environmental impact assessment of the Paradip Port area, which is already facing significant pollution issues. The assessment should evaluate the pollution load and its effects on local communities, flora, and fauna, the report says.
In a critical development for the proposed Jindal Steel Works (JSW) project in Jagatsinghpur, Odisha, the People’s Commission on Forceful Land Acquisition and Police Repression has issued a set of stern recommendations following an extensive review of the situation in Dhinkia (Jagatsinghpur, Odisha). Chaired by Justice Madan Lokur, a former Supreme Court judge, the commission’s report underscores significant legal and human rights violations associated with the project.
The commission, which includes prominent members such as Senior Advocate Sanjay Parikh, Professor Manoranjan Mohanty, Professor Nandini Sundar, former Lok Sabha member Hannan Mollah, and activist Medha Patkar, has highlighted a series of serious concerns regarding the treatment of forest-dwelling communities affected by the JSW project.
In a well-documented report titled “The People’s Commission on Forceful Land Acquisition and Police Repression in Dhinkia for the Proposed JSW Project in Jagatsinghpur, Odisha”, the People’s Commission has highlighted the ongoing conflicts between local communities, the state government, and corporate interests over forest rights and land use. On September 6, 2024, while releasing this report, Justice Madan Lokur briefed about the report and said, “This report provides a detailed analysis of the struggles faced by villagers in Dhinkia, highlighting their legal battles, the repressive measures used by the State against them, and the broader implications for their livelihoods and constitutional rights.”
“The report also delves into the legal struggles of Adivasi communities in Dhinkia and their continuous resistance,” he added and highlighted the concerns regarding water usage from the Mahanadi River, the impact on groundwater levels, and the cumulative environmental effects of the project, especially in the context of the existing pollution levels in Paradip and urged that these ecological issues be thoroughly addressed before any further progress on the project.
Statutory rights to forest land
Central to the commission’s findings is the issue of forest rights as enshrined in the Forest Rights Act of 2008. The report has emphasised that the ST (Scheduled Tribe) and other traditional forest dwellers have been denied their statutory rights to forest land. According to the Act, these communities are entitled to recognition and protection of their forest rights, and no evictions can occur until this process is complete. The commission found that these mandatory procedures were not followed, leading to the unjust eviction of these communities from their land, which they have occupied since before December 13, 2005.
The report has condemned the state’s actions, declaring the eviction process to be arbitrary, illegal, and unjust. It recommends that the evicted communities be reinstated to their original lands and that no further forest or environmental clearances should be granted until the forest rights of the affected communities are fully recognized and verified.
The commission has also criticised the state for its response to peaceful protests by the affected communities. The report condemns the use of excessive force by police, including lathi charges against vulnerable groups such as children, women, and the elderly. It calls for an independent inquiry into these actions and urges immediate legal measures against those responsible for police brutality.
The report says, “The State’s repression by resorting to unwarranted and excessive force, including lathi charges on the children, women and elderly, was impermissible in law, and for such police brutalities, the state should constitute an enquiry and take immediate action in accordance with the law.”
It says, “Villagers are undergoing severe hardships as their livelihoods are being jeopardized by the police, preventing them from accessing the forests, which manifests a complete violation of their human rights.”
Social impact assessment
Additionally, the commission has recommended that criminal charges against villagers be dropped and that they be protected from further police intimidation while engaging in peaceful protests. The report also calls for the state to provide adequate compensation and rehabilitation to the displaced villagers, including restoring their livelihoods that were disrupted due to the destruction of their beetle vines—a crucial source of income.
Furthermore, the commission has urged the state to conduct a comprehensive environmental impact assessment of the Paradip Port area, which is already facing significant pollution issues. The assessment should evaluate the pollution load and its effects on local communities, flora, and fauna. Similarly, a thorough social impact assessment should be carried out to address the livelihood challenges faced by the affected families and implement appropriate measures to mitigate these issues.
It recommends that the government conduct a “comprehensive Environmental Impact Assessment (EIA) in the already polluted Paradip Port area, evaluating the pollution load due to the JSW project and its effects on the local population, their lives and livelihoods, and flora and fauna.”
It further says that the government must “undertake a comprehensive social impact assessment of the affected families, with measures to address their livelihood issues to be promptly implemented.”
