An historic David and Goliath story has just played itself out in the remote Niyamgiri Hills of Orissa, in eastern India. Ranged in unequal battle were the Dongaria and Kutia Kondh, two powerless, secluded hill tribes, against the all-powerful British-based transnational mining company Vedanta Alumina Ltd. At stake was 660 hectares of prime forest. The Kondhs wanted to protect and preserve these sacred hills, as they have done for centuries – their entire identity and livelihood depend on it. Vedanta wanted to gobble it all up to mine for the bauxite buried beneath. In spite of massive support from environmentalists and other tribal and human rights groups across the country, this looked like yet another lost battle.
But the recently enacted Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Rights) Act, commonly known as the Forest Rights Act (FRA), turned out to be the proverbial Davidian slingshot. The FRA admits that adivasi or tribal peoples are ‘integral to the very survival and sustainability of the forest ecosystem’ and seeks to correct a historical injustice by finally recognizing their rights over India’s forests. Under this Act, the forest dwellers have the authority to conserve, protect and manage forests, biodiversity, wildlife and water catchment areas as part of their cultural and natural heritage. Therefore, prior and informed consent of forest dwellers such as the Kondh is a prerequisite before any damage or destruction of their habitat and community forests is authorized. The Kondh refused consent. And history was made.
