IPT Sikkim 28 Feb 2012.Indd

Independent People’s Tribunal on PANEL Justice (Retd.) K K Usha Former Chief Justice of Kerala High Court Gayatri Singh Senior Advocate, Mumbai High Court Ravindranath Environmental Activist from Guwahati, Assam Arnab Bhatt acharya Eminent Activist from Siliguri, West Bengal Human Rights Law Network, India Independent People’s Tribunal on Dams, Environment and Displacement February 2012 ISBN 81-89479-81-4 © Socio Legal Information Centre* Editor Dr. Doma T. Bhutia Coordination Sanjai Sharma Text Editors Suresh Nautiyal, Ashima Kanwar Design Mahendra S Bora Published by Human Rights Law Network (A division of Socio Legal Information Centre) 576, Masjid Road, Jangpura, New Delhi – 110014, India Ph: +91-11-24379855/57 E-mail: [email protected] Printed at Shivam Sundaram E-9, Green Park Extn., New Delhi, India Support Isvara Foundation Disclaimer Th e views and opinions expressed in this publication are not necessarily views of the HRLN. Every eff ort has been made to avoid errors, omissions, and inaccuracies. However, for inadvertent errors or discrepancies that may remain nonetheless, the HRLN takes the sole responsibility. *Any section of this volume may be reproduced without prior permission of the Human Rights Law Network/Socio Legal Information Centre for public interest purposes with appropriate acknowledgement. ACKNOWLEDGEMENTS would like to express my gratitude to all the participants at the Inde- pendent People’s Tribunal on Dams, Environment and Displacement I held at Singtam in Sikkim on 22-23 January 2011 for their thought- provoking ideas and suggestions. Th ey have looked at the violation of human rights in Sikkim with diff erent perspectives. I also wish to thank all those people who worked actively to make IPT a great success. Th is would not have been possible without their role. I am grateful to Hon’ble Justice K.K. Usha, one of the jury members, who came all the way from Kerala to East Sikkim braving the cold in the month of January at the graceful age of eighty to participate in the process of the Independent People’s Tribunal. It shows her commitment, zeal and willingness to travel in any part of the country for the cause of human rights. I am also grateful to other jury members particularly Gayatri Singh who is a leading labour lawyer in the country. I also wish to thank Mr. Ravindranath and Mr. Arnab Bhatt acharaya for their participation and support without which this IPT would not have been successful. I would also like to thank Mr. Dawa Lepcha, General Secretary of Aff ected Citizens of Teesta (ACT) for his unbridled support right from the beginning in the process of organising IPT. I would also like to thank other young and dynamic ACT team members and Mr. S.P. Bhutia, Ad- vocate for escorting the jury members in troublesome areas. Special thanks go to Sanjai Sharma, HRLN, for making this publication possible. We thank Mr. Colin Gonsalves, Sr. Advocate and Founder Director of HRLN, for pushing us to complete this publication and being available as strong pillar of support. I need to acknowledge the local newspapers and periodicals that gave coverage to the Independent People’s Tribunal on Dams, Environment and Displacement. Janica Anderzen, a social activist from Finland who interned with HRLN Sikkim in 2011, truly deserves to be thanked for helping in the process of this IPT publication. Th is book would never have seen the light of day without her tireless support and help in the matt er. I would like to thank the team of dynamic lawyers under the leader- ship of Sukti Dhital, Mark and Andrew for their participation and contribution to the process of the IPT. Last but not the least, we thank all members of the Publications Divi- sion at HRLN headed by Suresh Nautiyal, for their creative and intellec- tual contribution. Dr. Doma T. Bhutia Convener IPT on Dams, Environment and Displacement Human Rights Law Network PREFACE ABOUT THE INDEPENDENT PEOPLE’S TRIBUNAL ON DAMS, ENVIRONMENT AND DISPLACEMENT ivers are an integral part of the Sikkimese ethos. Much of the folk- lore and traditions of the locals revolve around the mighty Teesta Rand the Rangeet Rivers. Th e River Teesta not only sustains the livelihood of the locals by preserving and propagating the rich bio-diver- sity, but also is the very backbone of Sikkim’s cultural heritage. Th e river’s source in the North is regarded by the Lepchas as holy and the “cradle of their civilisation.” It is home to diverse ecological systems inhabited by rich and diverse fl ora and fauna andmany protected species of plants and animals. Sadly, development to this small state has come in a diabolic way in the form of hydropower projects to be built on the Teesta and Rangeet Rivers. More than 20 mega hydropower projects have been proposed challenging the need, benefi ts and the rights of the people. ereTh is colossal environmental damage to the entire region as well as to the mighty river which is being turned into a paltry stream. Th e planners have no idea about the fatality and futility of the entire project. Th e social, cultural and livelihood hazards posed by the project have also been totally ignored leaving the af- fected people at the mercy of the private companies and vested interests. Th e manner in which the lands have been acquired from the people and the displacement has been carried out of the local communities also raises questions vis-a-vis the rights of the people over their lands. In the name of development, forest and private lands are acquired for private companies/corporates under threat, coercion, and people are forced to accept pett y compensation in the name of public purpose. Th e fear psychosis remains prevalent in the region. A group of resolute Lepchas, Lachenpas civil society groups and local people have been resisting the mindless construction of the dams. Th ey 6 INDEPENDENT PEOPLE’S TRIBUNAL ON DAMS, ENVIRONMENT AND DISPLACEMENT consider it as a threat not only to the environment, but also to their traditions, culture and livelihood. Th ey fear that the river’s disappearance into a series of tunnels will be accompanied by their own marginalisation in the long run. Sadly, the protesting groups have faced threats and intimida- tion from all quarters, turning their resistance into a David- Goliath duel where they have everything to lose. It is against this background that an Independent People’s Tribunal was held to conduct a fair and credible hearing, and provide a voice to the struggles of the grassroots groups and the aff ected people. Th e aff ected people from the Eastern, Western and Northern districts of Sikkim came together to raise their voices and provide testimonies on the daily toils suff ered due to the construction of dams in the state. Taking their stories Th e Independent People’s Tribunal on Dams, displacement & Environ- ment, organised by the Human Right Law Network detailed accounts of the devastating impact of dam construction shared by the aff ected farmers and labourers. Th e community activists spoke on a range of pressing issues, covering drought, destruction and denials of participation and livelihood due to dam construction. Many a participant questioned the intended benefi ciaries of the dams, as testimonies noted the dispropor- tionate output of energy projected by the dams (5,000 megawatt ) a year, considering Sikkim’s yearly energy requirement of 80MW. Poignant com- ments were made like for whom energy was intended. Testimonies high- lighted failures by the government to conduct public hearings in a proper manner. Farmers from Singbel, East Sikkim, espoused violation of their basic rights to be heard, as no public hearings were conducted prior to dam construction. Th e deponents viewed such violations as an aff ront to democracy and contrary to legal obligations. Farmers from Darap, West Sikkim spoke of improper hearing organised by the District Collector, with a promise to hold a hearing again but did not happen. Communities from Upper Dzongu, North Sikkim shared stories of voicing objection to dam’s development and being arrested on account of expressing such ob- jections. Detailed accounts of the devastating impact of tunnel construction were also presented. People are also aff ected by underground tunnel construction, but there is no compensation for such losses. Th ere is no compensation because such construction does not constitute an acquisi- tion of their land. Th e farmers also faced water crisis, with construction of dams causing severe drought, adversely aff ecting access to safe drink- 7 INDEPENDENT PEOPLE’S TRIBUNAL ON DAMS, ENVIRONMENT AND DISPLACEMENT ing water and crop yields. Th e farmers were also coerced to opt for other vocations. Th e houses in the villages were also damaged due to severe vi- brations during construction in the tunnels causing cracks in the walls, ceilings and fl oors as per the report of the State Department of Mines & Geology. Th e place most aff ected due to the recent earthquake is North Sikkim. Th is virtually led to loss of the people’s life and properties. Th e Independent People’s Tribunal gave opportunity to the departments concerned to respond to critical grievances raised by the farmers. Th e departments concerned like Forest Department, concerned power developers like Teesta Urja, NHPC and Secretaries of Home and Land Revenue Departments did not bother to respond to the queries raised by the aff ected people. Th erefore, the fi ndings of this IPT will refl ect the real picture at the grassroots. It is envisioned that the IPT will serve the dual purpose of understanding and investigating the dissent against the dams.

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