Open Access Research Article
A Socio-Legal Study Of The Narmada Bachao Andolan (By-Kosturika Bandyopadhyay)
Published Paper
Article Details
A Socio-Legal Study Of The Narmada Bachao Andolan
Authored By-Kosturika
Bandyopadhyay
Symbiosis
Law School, Hyderabad
Symbiosis
International (Deemed) University, Pune
TABLE OF CONTENTS
Contents
Abstract
Social movements, NGOs and other activist
collectives prove to be a major part of the stakeholders that drive policy
change in environmental politics. This paper is aimed to analyse one such
people led movement that set to create ripples all around the world. This paper
is about the social issue of The Narmada Bachao Andolan. It explores the
meanings of contemporary social movements, analysis of the Andolan along with a
detailed chronicle of the events that led up to the Andolan and the Award by
the Narmada Water Disputes Tribunal. Additionally, the paper also lists down
the role of the World Bank, international agencies as well as local
organisations from the Narmada valley. The paper will also enumerate the
important rallies in the movements, the writ petition that was filed in the
court, the decision that was given by the court and a unique ecological lens to
the whole struggle for rehabilitation of the displaced communities.
Keywords: Narmada Bachao Andolan,
World Bank, Medha Patkar, Sardar Sarovar, Environmental Activists.
Introduction
There are several stakeholders when it comes to the
construction and maintenance of public facilities. The political leaders who
decide the what and when to build a facility, the engineers and other
governmental departments that oversee the design and maintenance, the firms
that are involved in the design, construction and maintenance, the taxpayers,
the lenders who fix the finances, the users of the facility and the residents
nearby are some primary stakeholders that need to be actively involved. The
question however, is that of the importance of each of these stakeholders and
the roles that they should be influencing during the design, construction and
maintenance of public facilities. This is a direct effect of public facilities
affecting a diverse demographic.
This paper focuses on the anti-dam movement, Narmada
Bachao Andolan in India which was aimed to be built as a public facility but
met with a massive people-led struggle in terms of conservation of ecology. The
Narmada Bachao Andolan has been an integral issue of debate amongst scholars,
environmental activists and conservationists. One of the most powerful
movements after the civil disobedience movements during the struggle for
independence has been that against the construction of the Sardar Sarovar dam
on the Narmada River which was to be built right at the point where it flows
into the state of Gujarat.
Dam projects cause numerous problems that have a
far-reaching effect not only on the biodiversity of the area but also of
displacement which becomes nearly impossible to restore. The argument for the
construction of these big dams is that the usefulness and the command area is
much bigger than the area that will get submerged, however to consider this
measurement does not give a holistic picture of the loss that will be suffered
especially in terms of loss of habitats in the submergence area, loss of
fertile land and area that is covered by forests. There is also a high
possibility that the wildlife in the area will be endangered after losing their
habitat to the submergence and supplementary forestation may not be able to
make up the loss of natural species, adapted to the forest area for years.
The dam on the Narmada river as seen by scholars
poses quite a few challenges owing to the size of the design. There is a high
probability that earthquakes would be more frequent because of the large size
of the dam, the deposits of silt at the base of the dam may be harmful to the
dam itself. There is also a fear of spread of water borne diseases in the
adjoining area because of the stagnant water collected in the reservoir.
Another major challenge is the rehabilitation of tribal population and people
living near the proposed construction.
Environmental experts suggest that for the purpose
of sustainable development, small dams are important and serve a long-term
benefit in terms of saving cost energy and at the same time preserving the
environment. However, the Sardar Sarovar Project aimed to provide irrigation
water for the drought prone areas of Gujarat, Madhya Pradesh, Rajasthan and
Maharashtra. The finances for the construction of this dam were arranged from
loans from the World Bank and the Japanese Government. The project cost was
estimated to be Rs. 6400 crores and was to make provisions to irrigate 18 lakh
hectares of land and generate 1450MW of power. It also provided for drinking
water for 295 lakh people however up to 245 and 254 villages came under the
area of submergence.
Research Questions
Research Questions drive the
researcher in a particular direction and gives a blueprint of the kind of
research the researcher needs to delve into to answer these questions at the
end of the paper. The following questions drive this paper titled ‘Narmada
Bachao Andolan’
1.
What are the conceptual issues that drive environmental
movements?
2.
What are the events that are precursory to the Narmada
Bachao Andolan?
3.
Who were the different actors and stakeholders of the
Sardar Sarovar Project and what were their roles in the Andolan?
Objectives Of The Study
Research Objectives give a broad view
of the themes that a researcher will explore during the course of their
research. The following objectives drive this paper titled ‘Narmada Bachao
Andolan’
1.
To get a cursory understanding of the theories and
concept of the environment movement through the lens of social movements.
2.
To get a narrative about the emergence of the Narmada
Bachao Andolan and how it came to the stage that we most know about.
3.
To understand the effect of mass mobilisations in
social movements.
4.
To understand the Narmada Bachao Andolan from the lens
of law and policy making around environmental sustainability.
Review Of Literature
Literature
review in research is integral to understand the existing information that
other researchers have put forth. An exposure to extensive research done on the
topic proves beneficial to the present study. The paper titled 'Social
Movement: Narmada Bachao Andolan'[1]
talks in detail about the types and theories of social movements. It also details
out the history of social movements in both the Global and the Indian Context.
The paper further talks about the history of the Narmada Bachao Andolan, the
actors involved in the movement and the inter dependency of the participants in
the movement. “The paper titled Scale, Place and Social Movements: Strategies
of Resistance Along India's Narmada River was also referred as key literature.
The Narmada Bachao Andolan, a rural social movement fighting displacement due
to dams along India's Narmada River, is the subject of this research. This
study uses a comparison of two major anti-dam struggles within the Andolan,
centred on the Sardar Sarovar and Maheshwar dams, to show that multi-sited
social movements employ a variety of scale and place-based strategies, and that
this diversity is critical to the progressive change possibilities that they
entail.” [2] In
the paper 'People's Movements in Environmental Politics: A Critical Analysis of
the Narmada Bachao Andolan in India' the author states that Environmental
politics is dominated by social movements, activist groups, and
non-governmental organisations (NGOs). The discourse of these forces is often
viewed as emancipatory in social science study, particularly social movement
studies. This article examines the formation and politics of an Indian people's
movement. It tracks the movement's progress from an NGO-led fight for better
rehabilitation to a societal movement asserting human rights, environmental,
and alternative development concerns and ideals. It examines some of the
movement's practises and thinking and concludes that they severely limit the
movement's emancipatory potential. The paper titled 'Retrospect and Prospects
of Narmada Bachao Andolan'[3]
the author states that the fact is that the Narmada Bachao Andolan (NBA) has
long been a source of controversy among academics. As a result, one of the most
effective civil disobedience movements since 1980 has been opposing the
construction of a massive dam on the Narmada River right below its confluence with
Gujarat state. The lake that resulted was named the Sardar Sarovar after Sardar
Vallabhbhai Patel. The World Bank and the Japanese government provided funding
for the dam's construction, and approximately 245 and 254 villages were buried
as a result. To solve the problem of people's rehabilitation, several activists
banded together to oppose the government's policies. The paper named 'Narmada
Bachao Andolan',[4] talks
about the history and evolution of the Andolan and it also talks about the writ
petition. The paper titled ‘Till the Rivers All Rerun Dry: A Human Ecological
Analysis of the Narmada Bachao Andolan’[5]
seeks to investigate the NBA as a significant social force in contemporary
India. Big river dams are inspired by a particular definition of development
that is intellectually hegemonized by globalization's compulsions. The paper
'Narmada Dams Controvery - Case Summary'[6]
enumerates the use of public facilities in view of the different stakeholders
in
question
and does this through the use of the case study of the construction of dams in
the Sardar Sarovar Project. In the paper 'Interpreting Narmada Judgment'[7]
the Supreme Court used the 'separation of powers' doctrine however side lined
the issues of sufferings and entitlement and dealt with relief and
rehabilitation. The court so it seems abdicated its responsibility to those
that have been affected by the Narmada Project. Suneet Kumar Dwivedi and
Pradeep Kashyap's ‘Environmental Protection Law and Policy in India’[8]
was another study examined during the process; the paper focuses on the sources
of pollution in India and how statutes attempt to address these concerns. It
also looks at how the Indian judiciary tackles environmental concerns, making
it a valuable resource for learning about the role of jurisprudence in
environmental legislation. Els Reynaers Kini and Gautambala Nandeshwar, M V
Kini offered an outline of environmental regulations in India and how they are
enforced in their essay ‘Environmental Law and Practice in India: Overview.’[9]
The article, written in the form of a questionnaire, addresses the most common
questions that emerge during environmental law research. ‘Environmental
protection Laws in India A critical study of judicial trends’[10]
by Som Dutt Bharadwaj is a research article that delves deeply into
environmental law. The study investigates the various judicial viewpoints on
environmental legislations, as well as the function of constitutional
provisions in circumstances where pollution has harmed citizens.
What Are Social Movements
The greater importance of social movements can be
attributed to the increasing awareness of alternative social and political
futures that can be a result of these movements. It can also be the start of
building the desire to facilitate vivid renditions of understanding the
interconnectedness between power, resistance and the state. Social movements
are seen as an entity existing beyond the power of the state and are an
excellent method of bringing forth the needs of society against the power
mechanism of the state that challenge the rigidities of the state. Moving
forward with a narrower view of social movement, rural social movement also
becomes a strong opposing factor to the state since the current notion of
privatisation of resources adversely affects the population living in the rural
areas. India plays an important role in the international rural struggles
because a majority of the population, 72% as per the 2001 Census is heavily
dependent on agriculture as their livelihood and faces the pressures of increasing
trends of liberalised markets, privatisation and new technologies.[11]
Social movements like the Narmada Bachao Andolan re-strategize the rural social
movement by putting pressures to oppose the power of the state and private
firms and negotiate sustainable development keeping in mind the needs of the
primary stakeholders and affected parties.
To define social movements that is not only
consensual to the different movements but also inclusive all the different
types of resistance movements is especially difficult. The reason being that
almost all forms of collective action ranging from local vigils to
international revolutions with various historical or contemporary contexts come
under the spectrum of social movements. Recent years have seen the development
of 'New Social Movements’; however, the concept still is as volatile as social
movements. Post-industrialist and capitalist society denote the new structural
themes of the new social movements that includes movements about civil
liberties, democratic rights, women's equality, student's rights and
environmental conservation movements. The primary
change in this genre of social movements is that these refer to mindsets and
lifestyles rather than over material goods.
If we keep in mind the Indian context then new social movements will
include the women's movement that emerged in the late 1970s, the Dalit movement
and the Adivasi movement that worked towards cultural and regional autonomy and
identity, environmental conservation movements that promoted sustainable
development and farmer movements in the 1980s that demanded fair prices for the
farm outputs and lower prices for agricultural inputs.[12]
This newness in these movements is that these movements arose outside party
related political formations. They were outside the purview of institutional
political parties and were even put of the trade union and peasant politics.
These movements aimed at redefining politics and articulating alternative forms
of governance.
The
Environment Movement
“The theorisation of the Indian environment movement
clearly reflects the conceptualisation of new social movements in developing
nations as reflecting developmental crisis, as battles over resources and
meanings, and as manifestations of pluralistic paradigms of development and
governance. Unlike the environment movement in the advanced capitalist world,
nature-related disputes and struggles have a strong material bias, stemming
from the state's monopoly over resources like water, forests, and land, which
serve as subsistence resources for the vast majority of the population. Though
some scholars see such movements largely as resistance movements aimed at
halting economic activities that harm the environment and impoverish local
communities, others see them as having the
potential to reshape development and economic values, as well as technological
efficiency and scientific rationality. Scholars
agree, however, that such movements have occurred as a result of the
socio-ecological impact of a narrowly conceived development based solely on
short-term commercial criteria of control and exploitation of natural
resources, and which almost exclusively serves the needs and interests of the
wealthy.”[13]
Environmental conflicts and movements are commonly
associated with resource-intensive industrial activity and significant
development initiatives. “Mineral resource exploitation, huge river valley
projects, mechanised fishing, and state-controlled commercial forestry are all
key areas that cause resource conflicts and, as a result, environmental
movements. Along with large-scale destruction and/or transfer of natural
resources, these activities and projects typically involve human displacement,
incurring tremendous social and environmental costs and compromising the local
residents' survival and subsistence portfolio. In other words, by their very
nature, such constructive activities sow the seeds of conflict. In these times
of strife, environmental movements serve as mediators. They could denote a
redefinition of usufruct and control rights over the resource in question, an
environmental response seeking correctives through legal and policy shifts, or,
more radically, an ecological response rejecting the dominant development
paradigm and seeking to fundamentally alter existing conceptions on and modes
of resource use, depending on their nature and intensity.”[14]
The Emergence Of The Andolan
The Sardar Sarovar Project on the
Narmada River
“The Narmada River Sardar Sarovar
Project, protest campaign might be considered a relatively recent chapter
of a project that has spanned over five decades since the first technical
studies on harnessing water from the Narmada were done in the 1940s, and
sixteen sites for irrigation and hydro-electric projects were selected. In
Gora, a terminal dam was designed and approved with a FRL (full reservoir
level) of 161 feet, which was then upgraded to 320 feet in 1959. The
construction of the project headquarters in Kevadia began in 1961, displacing
roughly 5000 people from adjacent communities. The dam was moved slightly
upstream to its current location in 1962, and it was enlarged to FRL 425 ft as
according to the Bhopal agreement of 1963 between the chief ministers of
Gujarat and Madhya Pradesh. The case was sent to a central government committee
after the Madhya Pradesh administration refused to ratify the agreement.
The Khosla committee advocated a FRL 500-foot height, which sparked outrage
from the governments of Madhya Pradesh as well as Maharashtra.
After failed negotiations, Gujarat filed a lawsuit under the Inter-state Water
Disputes Act in 1968, and the Narmada Water Disputes Tribunal was established a
year later. The Tribunal's decision was made in 1978 and was binding on all the
state parties that were involved (Gujarat, Madhya Pradesh, Maharashtra and
Rajasthan). The project's height was set at FRL 455 feet. The award also made
ruling related to allocation of water and hydropower, dispersed
costs among state governments, and established resettlement and rehabilitation
principles and methods for individuals who would be displaced.”[15]
“The Sardar Sarovar Dam is the final dam in the
Narmada Valley Development Project master plan, which calls for the
construction of 30 major dams, 135 medium dams, and 3000 minor dams that will
irrigate 4 to 5 million hectares of agricultural land, generate 2700 megawatts
of hydropower, and provide water for domestic and industrial use. According to
the most recent official projections, the Sardar Sarovar Project alone
will irrigate 1.8 million hectares of land, provide potable water to 40 million
people, and have an installed capacity of 1450 MW of power during the next
thirty years. When fully filled, the projected reservoir would occupy 410
square kilometres of land and its main irrigation canal will be around 440 kilometres
long.”[16]
Phases
Of The Narmada Struggle
“The anti-SSP movement's history may be divided into
three different phases. During the first phase, from 1979 to 1984, protests
against the Sardar Sarovar project took many various forms, involving a variety
of people. After the Narmada Water Disputes Tribunal (NWDT) issued its final
judgement on August 16th 1979, the Nimad plains saw the first wave of protests
against the Sardar Sarovar Project. The 'Narmada Bachao-Nimad Bachao Sangharsh
Samiti' (Save Narmada, Save Nimad Struggle Committee) was formed by the
afflicted Nimad villages and received immediate backing from the Congress
Party, the opposition in the Madhya Pradesh Legislative Assembly. Several protests,
bandhs, and roadblocks were held in August and September, primarily in Bhopal,
Indore, Badwani, and Kukshi. While the agitation was great in the Nimad plains,
the adivasi areas affected by the submergence, especially in the Jhabua
district, were not represented in the struggle. Despite the fact that the
Tribunal Award was binding on the four impacted states of Gujarat, M.P.,
Maharashtra, and Rajasthan, the Madhya Pradesh government issued remarks
stating that it will make efforts to resolve the issue of the height of the
Navagam Dam (FRL 455 ft.).”[17]
“While the protest created a widespread perception
that Madhya Pradesh had lost in the Tribunal Award, the focus of the first
phase of the battle was on renegotiating the height of the Navagam Dam (the name
given to the terminal dam) in order to spare several Nimad villages from being
flooded. In many ways, Madhya Pradesh was a loser. The majority of the flooding
was expected to happen in the state, including fertile agricultural area in the
Nimad belt. Furthermore, the proposed sites for two Madhya Pradesh government
projects were within the Sardar Sarovar Project's submergence area. As a
result, the Madhya Pradesh Congress party framed the Navagam Dam issue as a
struggle between the interests of Gujarat and Madhya Pradesh. After winning
power in Madhya Pradesh and elsewhere in the 1980 elections, the Congress party
withdrew its support for the movement.”[18]
Environmentalists and environmental groups were key
in launching a campaign against big dams in the early 1980s. The Narmada Bachao
Andolan would later be shaped in part by these NGO-led initiatives. However, it
wasn't until 1984 that the valley saw a large-scale mobilisation of
project-affected residents.
From 1984 forward, the local impacted populace was part
of a series of collective activities. This period of the conflict was
defined by two distinct characteristics. “For starters, clear demands for
improved resettlement and rehabilitation provisions were made. Second, tribal
villages in both Gujarat and Maharashtra were mobilised for the first time. The
financing agreement with the Bank was concluded between 1984 and 1987, the
Planning Commission gave financial approval, and the Ministry of Forests and
Environment gave conditional environmental approval to the project. The
project's conditional environmental clearance, granted in June 1987, set off a
chain reaction. Outside the valley, environmentalists and non-governmental
organisations (NGOs) criticised the government's decision to authorise the
projects when insufficient studies on the project's environmental and social
impact had not been began, and those that had been started had not yet been
finished. In 1987, Medha Patkar, together with a number of other organisations,
presented a number of demands for relocation and rehabilitation. Outside the
valley, environmentalists and non-governmental organisations (NGOs) criticised
the government's decision to authorise the projects when studies on the
project's environmental and social impact had not even begun, and those
that had been started had not yet been finished. In 1987, Medha Patkar,
together with a number of other organisations, presented a number of demands
for relocation and rehabilitation. These demands included the right to
information on the dam's technical aspects, the extent and timing of
submergence, land availability, including the amount, location, quality, and
legal status of land selected for compensation; new land surveys to include
areas not covered by previous surveys; and the extension of rehabilitation
benefits to those impacted by the project headquarters in Kevadia, the canal
network in Gujarat, and the compensatory afforestation programme.”[19]
“The Gandhian social worker Baba Amte convened a
gathering of social workers and environmentalists in July 1988, which resulted
in the adoption of the "Anandwan Declaration Against Large Dams." The
rationale for opposing the entire project was twofold: first, proper
rehabilitation of all those who would be displaced was impossible because the
governments had no real idea of the scope and impact of displacement; and
second, the SSP's extremely high environmental costs had not been assessed or
properly accounted for in the cost benefit analysis, and the governments had no
action plans to mitigate these costs.”[20]
The
Emergence Of The Narmada Bachao Andolan
The gathering at Harsud on September 28th marked a
turning moment in the anti-Sardar Sarovar Project struggle. “Baba Amte proposed
the idea during a meeting of activists in Hemalkasa in April of that year. The
rally demanded a halt to all projects that ruin the environment and destroy
people's livelihoods, as well as the adoption of a socially just and
environmentally sustainable development pattern.”[21]
It signalled the start of the Narmada Bachao Andolan's political effort, which
was no longer limited to the Sardar Sarovar Project. The Sardar Sarovar Project
was merely a manifestation of a development paradigm that rewards a few at the
expense of huge misery for the afflicted populace and massive exploitation and
destruction of the surrounding resources, according to its new terminology.
Although the Andolan had the backing of those who would be displaced in the
valley, its strategy had shifted to appeal to the general public, particularly
the middle-class intelligentsia. After the Harsud period, the Andolan began to
devote significant efforts to establishing a mass base in the Narmada valley.
The years 1990-1993 were crucial in NBA history since they saw the
strengthening of the no-dam movement and resulted in significant
accomplishments for the Andolan. During this time, the Andolan garnered a lot
of foreign support and ramped up its campaign against the World Bank's backing
for the project.
The pressure on the Bank grew stronger as
international backing grew. The Bank took the unprecedented step of appointing
an Independent Review Mission in June 1991 to "review the implementation
of the relocation and rehabilitation of the displaced/affected population, as
well as the amelioration of the environmental impact of all components of the
projects." Despite the fact that the Andolan was just a few years old at
the time, this was merely the beginning of the gains it would make during this
time.
“In terms of valley politics, the post-Harsud period
saw a heightened level of agitation. The NBA's organisational structure was
established with the formation of a Samanvaya Samiti (Coordinating Committee)
that coordinated several protest activities, including obstructing the
construction of bridges across the Narmada, erecting roadblocks at strategic
points, organising demonstrations and rallies, gheraoing officials from the
Narmada Control Authority and the World Bank, and uprooting stone markers from
the propaganda. The Andolan's most prominent protest tools were dharnas and
hunger strikes. The 'Narmada Bachao Andolan led by Medha Patkar and Baba Amte'
received the Right Livelihood Award in October 1991 for their steadfast
opposition to the ecologically and socially disastrous Narmada Dams - the
world's largest river development project - and their clear articulation of an
alternative water and energy strategy that would benefit both the rural poor
and the natural environment.”[22]
The Independent Review Committee's report, which
stated that the World Bank should withdraw from the project and reconsider it,
was a significant victory for the Andolan. In addition, on March 29th, 1993,
the Indian government declared its decision to end its contract with the World
Bank, just two days before the Bank's six-month extension was set to expire.
The Bank's withdrawal was a great success for the Andolans, who celebrated
widely throughout the valley. It was now pressing the Indian government to
do a complete evaluation of the project. When this demand was not met, the 1993
Manibeli Satyagraha was called. By this time, the dam's height had been
increased to the point where 294 houses in eighteen villages in Maharashtra and
Gujarat had been flooded. Medha Patkar and Deoram Bhai, residents of Kaparkheda
village in Madhya Pradesh's Kukshi tehsil and Andolan activists, began a hunger
strike in Bombay on June 2nd, seeking a comprehensive assessment of the
project. The hunger strikers were arrested on the fourteenth day of their
hunger strike. The hunger strike was put off after the administration committed
to study the proposal. Representatives from the governments of India, M.P.,
Maharashtra, and the Andolan met on June 29th and 30th to discuss a wide range
of topics pertaining to the SSP. However, after receiving no response from the
government, the Andolan repeated its call for satyagraha at Manibeli, forming
the Samarpit Dal, which included Medha Patkar and other Andolan activists. The
Andolan determined that their Samarpit Dal would drown on August 6th because
Manibeli and surrounding villages had been deemed a prohibited area. The
Samarpit Dal went underground in the face of a state-wide crackdown on Andolan
activists.
On August 3rd, the Government of India's Ministry of
Water Resources formed a "five-member panel" to continue negotiations
begun at the end of June 1993 on "all problems relating to the SSP."
The FMG voiced deep concern on August 5th, in its preliminary meeting, "to
hear that the NBA intends to proceed with its plan of jal samarpan, wanting to
prevent such a tragic occurrence which may have incalculable
consequences." It requested that the NBA postpone their jal samarpan,
stating that it was "prepared to carefully consider any points or
objections that the NBA may desire to bring." After the administration
agreed to a review, the jal samarpan was called off.
Narmada Bachao Andolan V. Union Of India
“Between the states of Rajasthan, Madhya Pradesh,
and Gujarat, there was a water dispute over the river Narmada. The disagreement
centred on the control, use, and distribution of the waters. The government of
India established a tribunal for that purpose under section 4 of the interstate
disputes act 1956, and the subject was referred to it. The dam's height was
determined by this tribunal. The dam was to be built by the Gujarat state
government. The award was given for forming the interstate administrative
authority, i.e., the Narmada control authority, as well as the review committee
that would assess the NCA's actions. NCA has established independent equipment
for the environment subgroup. The closure of 10 construction sluices was
ordered by the Ministry of Water Resources on April 23, 1994. The proposal
should be reviewed by the petitioners of the writ petition for independent
judicial authority. The petitioners' main points of dispute were Article 21 of
the Indian constitution and ILO Convention No. 107. They also claimed that the
catchment area treatment and rehabilitation programme needed to be completed
well before the reservoir was filled.”[23]
The issues that were presented before the Tribunal
were:
1.
Whether the clearance issued by the Union of India was
given without sufficient investigation, surveys, and evaluation of the
environmental impact.
2.
Whether or not the ministry of the environment's
conditions was followed.
3.
Whether the Narmada control authority, despite being
an independent body, is biased in granting the award.
The main contentions of the Appellant were as
follows:
·
The environmental clearance was awarded without due
consideration because the investigations were not completed at the time, in
1987, and hence the project should not be allowed to proceed.
·
They suggested that additional submergence should be
avoided and that the dam's height should be reduced because relief and restoration
efforts were being hampered.
·
Because it breached Article 21 of the Indian
Constitution and ILO Convention No. 107, the Sardar Sarovar Project was not in
the best national interest.
·
Independent agencies should be created to assess the
environmental cost and potential mitigation measures.
·
The treatment of the catchment region was still
incomplete, and it should have been completed before the reservoir was filled.
The primary arguments of the
defendant were as follows:
·
The court should not revisit the decision because it
is an administrative role. The court's role is to serve as a watchdog over
basic rights.
·
When two or more points of view are available, the
government, after due deliberation and consideration, makes a judgement that
should not be contested in court. The environmental impact is considered as a
whole.
·
Lowering the height will cause power generation to
become seasonal, resulting in a loss of power generation.
·
There was no need for any independent authority
because the NCA was capable of making decisions and awarding prizes.
·
As seen by the letters and documents accessible, the
Indian government was highly concerned about environmental issues.
“Reference is made to
the case of Sierra Club Et. V. Robert Froehlke, in which the construction
of the project was halted despite the fact that a significant amount of work
had been completed due to non-compliance with the national environmental policy
of 1969, but since no such act existed in India and the clearance was an
administrative function with necessary steps taken to improve the ecology and
environment, it was in no way a violation of article 21.” [24]
“The court discussed that
forcible eviction of tribals and other marginal farmers from their land and
other sources of income for a project that was not in the national or public
interest was a violation of their fundamental rights under Article 21 of the
Indian Constitution and ILO Convention 107, to which India is a signatory.
Expounding on this point, it was argued that this Court had already found in a
number of judgments that international treaties and covenants could be
incorporated into domestic law and used by courts to clarify the meaning of
fundamental rights provided by the Constitution.”[25]
The court relied on the decisions and arguments made in Gramaphone Co. of India
Ltd. V. B.B. Pandey,[26]
PUCL V. Union of India,[27]
and CERC Vs. Union of India.[28]
“In this regard, the court is reminded of ILO Convention 107, which states that
tribal communities shall not be transferred from their lands without their free
permission, save in line with national laws and regulations for grounds of
national security or national economic development. It was also mentioned that
under the terms of the said Convention, if the removal of this population is
deemed essential as a last resort, they must be supplied with lands of at least
equivalent quality to those previously occupied by them, suitable for their
current requirements and future development.”[29]
The Court in its decision
however, let the dam be allowed to be built.
The Court also stated in its
judgment that while ensuring that people's rights are not harmed in any way,
the Court must exercise extreme caution to ensure that it does not overstep its
bounds. Our constitutional framework establishes a reasonably clear separation
of powers. When the executive has attempted to override the Court's
jurisdiction, the Court has reacted harshly.
Conclusion
The Supreme Court issued guidelines for the
construction of a dam with a height of up to 90 metres. The clearance has been
granted up to that level by the Subgroup formed for that purpose. Any
additional building will be subject to the permission of the environment group
for environmental clearance. The NCA must grant further clearance for the dam's
development. The reports of the grievance redressal authority would be accorded
a lot of weight. For additional relevant orders, the grievance redressal
authority will approach the review authority. One of the main reasons for the
clearance could be because, even after 70 years of independence, water is not
available in sufficient quantities to all of the country's population. This is
an obvious violation of article 21 of the UN Charter and the UN Human Rights
Resolution. The rivers of India have the capacity to improve the wretched
situation that exists in India's dry regions when adequate rainfall is not
available. There has been a need to bring India's variety closer together so
that individuals who are socially outcasts can be integrated in the social
milieu. The government should also offer fundamental contemporary amenities
such as drinkable water, enough energy, irrigation, and restoration. In the
absence of any unfavourable conditions, investigations or surveys demonstrating
that the dam is damaging the ecology, the court issued the order.
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Article Information
A Socio-Legal Study Of The Narmada Bachao Andolan (By-Kosturika Bandyopadhyay)
Author Name: Kosturika Bandyopadhyay
Title: A Socio-Legal Study Of The Narmada Bachao Andolan
Email Id: kosturika.bandyopadhyay@gmail.com
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/06/28
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International Journal for Legal Research and Analysis
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